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… to third-degree conspiracy to July 23, 2018 A-2058-15T3 2 commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … it deprived him of fundamental fairness. Furthermore, the passing reference to defendant's criminal history did not … at 357. That includes prior bad act evidence. See State v. Scherzer, 301 N.J. Super. 363, 428- 29 (App. Div. 1997); …
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… Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … the sentence in the course of instructing the jurors "in order for you to determine whether the defendant was in … the image of the witness and hears "'all of the animation, passion, or sympathy originally conveyed'" in the witness's …
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… sequentially versus simultaneously; (7) whether a composite sketch was used; (8) whether the procedure was a … wore a disguise or hat; (7) the amount of time that passed between the crime and the identification; (8) whether … ultimately his trial testimony and would have further discredited his pretrial identification." At trial, when Rivera …
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… his convictions after trial of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … . . . . And she told me pretty much what I was to say in order to make sure that Zach wouldn't be in trouble. She … CLOTHES VIOLATED THE SUPREME COURT'S MANDATE IN STATE v. KUCHERA. POINT IV: THE PROSECUTOR COMMITTED PROSECUTORIAL …
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… August 22, 2017 2 A-4432-14T1 injured victim, and petty disorderly persons mutual fighting. For those offenses, the … three); and two counts of second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 12-1(b)(1) … from Cape May County, came to the concert on a fifteen-seat passenger bus. While one of the first group's members, Ryan …
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… of an incident in which there was only one victim, David Compton, who was killed by a single gunshot wound to his … PERMITTED THE JURY TO CONVICT ON BOTH OFFENSES. THE REQUISITE MENTAL STATES ARE IRRECONCILABLE AND THERE IS NO … was putting pressure on his cheek at that time. The dispatcher asked whether this was a family member, and defendant …
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… apartment building in Woodbury. Bullock was found with a computer keyboard cord tied around her neck, and it was … and sentenced defendant to eighteen months. The court ordered that the sentences be served concurrently. At a … 460 (2002) (alterations in original) (quoting State v. Papasavvas, 163 N.J. 565, 625 (2000)). Defendant argues he was …
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… and saw him running. D.C. then turned and ran in the opposite direction from defendant, toward his own home. When he … purpose of the interrogation is to establish or prove past events potentially relevant to later criminal … (App. Div.), certif. denied, 182 N.J. 148 (2004); State v. Scherzer, 301 N.J. Super. 363, 445 (App. Div.), certif. …
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… numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … 391, 404-05 (App. Div. 2012), and that "'there was no spasm present.'" Blanks v. Murphy, 268 N.J. Super. 152, … not cite N.J.R.E. 803(c)(7) or attempt to meet its prerequisites. In any event, in denying defendants' motion for a new …
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… then "warned" Walia not to "call the police," or he would "come back and kill [him]." Walia testified that before … of a handgun sticking out from it" located on the rear passenger seat of the Mercedes. A subsequent search of the … Doubt, And, Consequently, This Court Must Reverse And Order [Defendant's] Acquittal 16 A-4557-18 POINT III IN THE …
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… Kay Lord argued the cause for the appellant. Jennifer B. Paszkiewicz, Assistant Prosecutor, argued the cause for … BEING DEPRIVED OF A FAIR TRIAL.[1] POINT II THE PROSECUTOR COMMITTED MISCONDUCT WHEN HE MADE EGREGIOUS COMMENTS DURING … said his daughter, who was not in the VFW that night, visited him in the hospital and told him she thought she knew …
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… trial, defendant agreed to stipulate that he had a prior disorderly persons conviction involving domestic violence, thus … meet with "a male that [the officers] kn[e]w from the community." The two men went into the house on Bond Street. … whether the trial court was obligated to charge the jury on passion/provocation manslaughter, in conjunction with …
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… by throwing objects at his car as he drove by. After passing the construction zone, McCallum moved to the right … bag with the magazines stored in a separate zippered compartment. Trooper Kaminski 4 A-1053-19T3 placed defendant … totality of the circumstances to determine whether the requisite reasonable suspicion existed. Alessi, 240 N.J. at 518. …
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… M.P.'s aunt M.B. moved to Canada and occasionally visited M.P.'s mother and her family in New Jersey. M.P. … repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … which made her incapable of putting aside her bias and passion, was a sufficient basis for the judge to remove her …
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… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … the court deemed the Henderson system variables inapposite, the court limited defense counsel's ability to elicit … to view a line of county jail inmates who paraded past her as she sat in the hallway outside a courtroom. We …
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… were found guilty of aggravated assault and conspiracy to commit robbery. They separately appeal from their … apply the same standard as the trial court in reviewing an order denying a motion for a judgment of acquittal. State v. … intercept the victim, but also to attack him based on some past transgression.5 Relatedly, the circumstances of the …
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… To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … the driver's seat and an unidentified male sat in the front passenger seat. The audio recording of the 6 A-0536-18 … remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-05-0385. Margaret Ruth … became mentally alert, oriented, and able to follow commands. Defendant could not recall anything about the … David Ware from the Passaic County Prosecutor's Office visited defendant at St. Joseph's and asked for his consent to …
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… victim in his statement, at trial, his defense was that he committed passion/provocation manslaughter, not murder. On January 26, … charge." Id. 24 A-4010-17T4 at 593-94. The Court thus posited that the circumstances "raise[d] the inevitable …
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… Defendant has been steadfast in his contentions that pedophiles are a persecuted minority and that the New Jersey Code … during which he must serve thirty-eight years before becoming eligible for parole. On appeal defendant raises a … EVIDENCE BEFORE GRANTING HIS MOTION TO PROCEED PRO SE[] AND ORDERED THAT HIS TESTIMONY BE ELICITED THROUGH QUESTIONING …