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njcourts.gov
… erred in its instructions to the jury, the prosecutor committed misconduct during summation, and the State's … avoid confusion. We mean no disrespect in doing so. Barry passed away in 2013. 10 A-1142-19 Burgos sat quietly on the … matter before us is whether we can determine with the requisite degree of certainty whether the inconsistent verdict …
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njcourts.gov
… be-on-the-lookout (BOLO) description of the person who had committed a robbery in the vicinity just minutes earlier. … State acknowledges it does not know why the police dispatcher included a racial description of the robber in the BOLO … 12 the officer used the ATM immediately before he did and passed him while exiting the bank. Id. at 485. Segars …
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njcourts.gov
… Detective Long did not have the "education or the prerequisite" to be an expert in the "Supreme Language." In … purpose of the interrogation is to establish or prove past events potentially relevant to later criminal … are within the discretion of the trial judge." State v. Scherzer, 301 N.J. Super. 363, 434 (App. Div. 1997). Further, …
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njcourts.gov
… followed defendant while speaking with a police dispatcher. Defendant then "ran off the road into [a] Popeyes … open the door to such aspersions "by simply trying to discredit the State's case." State v. Acker, 265 N.J. Super. … grossly excessive speed on a two-lane State highway while passing other vehicles and going around blind curves ." …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 18-03-0293. Scurato Law LLC, … broke up again in September 2017, but they continued to communicate. According to the victim, defendant did not … . . . caused him to involuntarily waive his rights in order to have medical attention." Judge Clark rejected …
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njcourts.gov
… possession of a handgun, and first-degree conspiracy to commit murder. Exum was found guilty of first-degree … was driving his girlfriend's car with defendant and Exum as passengers when they saw Pleasant, an "op[p]"—meaning … arguments raised in defendant's initial merits brief in the order presented. A. 21 A-0554-20 Defendant contends his …
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njcourts.gov
… improper net opinion, and that the expert lacked the requisite expertise 2 Pursuant to New Jersey's comparative negligence statute, as set forth in N.J.S.A. … A week later, on April 28, 2022, the trial court issued an order accompanied by a written decision denying plaintiff's …
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njcourts.gov
… the record. We summarize the crimes in the chronological order in which they were committed. Victim R.W.3 (deceased) On August 31, 2016, R.W. … or stove in the house. There was evidence of squatters, trespassing, and drug use. On September 7, 2016, Detective …
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njcourts.gov
… Estate of DOUGLAS BARDEN, ESTATE OF DOUGLAS BARDEN, DARLENE PASTORE ETHERIDGE, individually and as Executrix and … to WHITTAKER, CLARK & DANIELS, INC., CYPRUS AMAX MINERALS COMPANY, individually and as Successor-in-Interest to … form of an opinion or otherwise." There are three prerequisites to determine whether expert testimony is admissible, …
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njcourts.gov
… The bribery statute’s history, relevant caselaw, and commentary from the Model Penal Code, on which the statute … statute cannot reveal what the Legislature intended when it passed the law. (pp. 21-23) 7. The Court explains the rule … Model Penal Code, which we discuss later, supports the opposite conclusion. For all of those reasons, we conclude that …
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njcourts.gov
… on." He left X.D.'s home to find help. When he returned, he passed a man with "a gun in his hand" on the staircase. … Gomez, 341 N.J. Super. at 573 (quoting Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)). "As 'the initial … the timing of and the greatly enhanced penal exposure visited upon him by the superseding indictment." That is, …
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njcourts.gov
… contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … video footage of the man running from the scene to a Jeep Cherokee seen circling the area, then speeding away. Further … investigation, right? DETECTIVE NELSON: Yes. In a written order dated July 12, 2019, the motion court denied …
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A-3265-22 Briefs
Briefs
njcourts.gov
… they suspected that he was the “young, [B]lack male” who committed an armed robbery the night before in a nearby … detect the odor of marijuana when he was stationed at the passenger door and did not notice it until he crossed to the … testimony, establish that the officer possessed the requisite suspicion to stop the vehicle. (1T102-3 to 15). The …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DOMINICK ALFIERI, SUPERIOR COURT OF … proceeds resulting from their sale, are required to be deposited into Alfieri-Finance’s bank account in order to fund … maintain that as a matter of law, the Half Acre sale cannot pass entire fairness review. Turning to the second prong of …
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njcourts.gov
… I THE TRIAL COURT ERRED IN FAILING TO INSTRUCT THE JURY ON PASSION/PROVOCATION MANSLAUGHTER AS A LESSER-INCLUDED … to sift meticulously through the record in search of any combination of facts supporting a lesser-included charge." … his child's mother to the homicide that followed in short order. As a matter of fundamental fairness, because the …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 18-06-0592. Kevin S. … MISPRESENTED THE TRUE NATURE OF THE INTERROGATION TO OVERCOME [DEFENDANT'S] EQUIVOCAL STATEMENTS ABOUT POSSIBLY 1 … the prosecution.'" Id. at 472 (quoting United States v. Butcher, 557 F.2d 666, 670 (9th Cir. 1977)). Additionally, …
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njcourts.gov
… of this lack of information, the State has failed to comply with our discovery rules, meet the requirements of … (whether internal or external) and results for the past five years. Please indicate whether the proficiency … a) Copies of all licenses or other certificates of accreditation held by the testing laboratory, including any …
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njcourts.gov
… and sentence. After careful review, we conclude the comments made by A.M. during her testimony were sufficiently … where she was interviewed. While at the station, Sergeant Pascual Irizarry took pictures of A.M.'s face, arms, and … making improper comments could have led the jury to discredit her testimony altogether, the comments could have …
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A-1409-24 Briefs
Briefs
njcourts.gov
… LABOR DOCKET NO. 00319292 BRIEF OF APPELLANT CLAUDIA WOHL ARCHER & GREINER, P.C. A Professional Corporation 902 Carnegie … Suite 500 Princeton, NJ 08540 609-580-3700 lwohl@archerlaw.com By: Lawrence C. Wohl, Esquire Attorney ID 001401985 … Super. 456, 459 (App. Div. 2004) ("only the judgment or orders designated in FILED, Clerk of the Appellate Division, …
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njcourts.gov
… were locked in a folder on his iPhone, which required a passcode for access. K.O. explained she did not tell anyone … charges. Another State's witness, Detective Daniel Chernavsky, also testified about the photo vault evidence. … contrary to defendant's assertion that K.O. infrequently visited his apartment, the detective asserted it was "clear …