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… Defendant appeals the admissibility and suppression motion orders, seeking to withdraw his guilty plea. 1 We use … Detective Rubel detailed a forty-hour training course she completed called "Child First/Finding Words," where she … hearsay statement—bears the burden to establish the prerequisites of admissibility. See State v. James, 346 N.J. Super. …
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… cause for amicus curiae Returning Citizens Support Group (Pashman Stein Walder Hayden, PC, attorneys; Claude Caroline … asked, "Mr. Hayes, then you ultimately broke into your teacher's home and killed her, and the neighbor's home and … could not be made to admit guilt as a categorical prerequisite for parole. Acoli, 250 N.J. at 461-62; Berta, 473 N.J. …
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… of the opinion. David Goyco v. Progressive Insurance Company (A-12-23) (088497) Argued January 29, 2024 -- … of the accident. Goyco filed a verified complaint and an order to show cause, asking the trial court to direct … which would ultimately defeat the Legislature’s intent in passing the No-Fault Act. Amicus curiae NJPLIGA notes that …
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… raised below) A. Failure to instruct the jury on accomplice liability denied Mr. Hence due process, a fair … for a male DNA profile, the focus is on the Y chromosome, passed down from father to son. 6 S.L. had charges pending … co-defendant Nunez's conduct without possessing the requisite mens rea. Defendant argued that although he was a …
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… to suppress evidence obtained pursuant to three communications data warrants (CDWs), to exclude the … iPad, camera, and jewelry worth more than $10,000. Hawkins passed away from natural causes before defendant's trial. … entail pain or bodily harm and need not leave any mark. In order to find [defendant] guilty of robbery, the State must …
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… defendant argues the following points: POINT I THE COURT COMMITTED PLAIN ERROR WHEN IT FAILED TO VOIR DIRE THE JURY … saw a man, later identified as defendant, exit the front passenger seat of the BMW, walk down the sidewalk, and pull … waistband, or (2) saw defendant pointing the gun at him. In order to refresh his recollection, counsel presented Cabezas …
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… an SUV parked in an intersection, approximately ten feet past a stop sign. The engine was running, its lights were on, and there was loud music coming from the vehicle. Sabados could see the driver, later … Div. 2003). "The statute does not require as a prerequisite to conviction that the accused be absolutely 'drunk' in …
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… Caba-Placencia was arrested and charged with conspiracy to commit robbery. Two weeks after the robbery, Sanjay reported … [defendant] has clearly proven himself to be over the past 12 years to be someone who has escalated his behavior … 178 N.J. 347, 361 (2004) (citations omitted). Therefore, in order for the trial court here to charge the jury with theft …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-03-0145. Susan Lee Romeo, … BE REVERSED BECAUSE THE COURT VIOLATED DEFENDANT'S RIGHT TO COMPULSORY PROCESS AND HIS RIGHT TO PRESENT A COMPLETE … an improper compromised verdict, after the trial judge ordered them to continue deliberating following their report …
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… that he was familiar with defendant from information "passed on from the detective bureau as he was a suspect in several commercial burglaries throughout the township." Before … to impose an extended sentence when the statutory prerequisites for an extended- term sentence are present." State v. …
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… 6 A-0899-17T1 testimony, the shooter came from the opposite side of the street from a rear yard, but he was unable … of Britton, Greene, Henderson, and Williams should be discredited because they were liars who could not be trusted. … 1, 82 (1998). N.J.R.E. 803(c)(5) allows a party to read a past recorded recollection when the witness does not …
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… wrong place." He "found out the next day that [Anthony] had passed away." 2 Police never recovered the knife. A-1965-18 … where his conduct was justified, "no crime has been committed." Therefore, he was not liable for endangering an … . . . ." N.J.S.A. 2C:3-4(b)(2)(b). "While it is not requisite that actual necessity exist, the justification of …
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… appeared jealous. Defendant also told Lopez that he had a compromising video of Hiciano that could get her in trouble … rule, rather than in positive terms of admissibility, in order to repel any implication that other possible grounds … which was admissible under N.J.R.E. 803(b)(1), still had to pass muster under N.J.R.E. 403 – that is, its probative …
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… required him to pay all applicable fines and penalties, complete twelve hours of rehabilitation at the Intoxicated … de novo, Judge Marc C. LeMieux entered an August 25, 2020 order accompanied by a written opinion, affirming … for not less than seven months or more than one year."). In passing the amended statute, however, the Legislature …
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… Was No Clear and Convincing Evidence That [Defendant] Had Committed A Wrongful Act on July 11, 2018. B. Evidence … off at daycare at approximately 8:30 a.m., the daycare teacher described Bryce as happy and affectionate, and she did … as a whole, Dr. Benjamin's testimony reflects the requisite degree of certainty, despite not stating the "magic …
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… Brown, a/k/a Tyham Brown, of first- degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1)(2); … N.J.S.A. 2C:29- 3(a)(7). The court entered pre-trial orders severing those counts of the indictment, and … he saw an individual approaching and heard gunshots. He ran past Gabby and into Ms. Bush's house; Dixon closed the door, …
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… offenses and resisting arrest. He contends the trial judge committed several errors, all of which are raised for the … at trial. Lazo, 209 N.J. at 23 (citing United States v. Butcher, 557 F.2d 666, 670 (9th Cir. 1977) (allowing testimony … convictions, any two of which would satisfy the prerequisite for imposing an extended term as a persistent offender. …
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… defendant Al-Raheem Marrow with first-degree conspiracy to commit murder (count one); first-degree murder (count two); … Remain Silent. C. The Prosecutor Made An Improper Appeal to Passion and Improperly Bolstered the Credibility of the … the defendant's theory, and you have seen quite the opposite. These detectives worked tirelessly to find out who …
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… Appellants, v. SHAWN M. LATOURETTE, in his capacity as Commissioner of the Department of Environmental Protection, … contained no end-point goals and failed to list the requisite factors for determining which tools will be utilized. … people." Ibid. Assuming without deciding the statute encompasses black bears, appellants fail to demonstrate the hunt …
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… history from the record. On March 7, 2018, defendant drove past the victim's vehicle during a snowstorm. The victim … to be intubated. Due to bad 4 A-3823-22 road conditions and complications with his airways, they determined the … The trial court tailored the model charge to remove inapposite references to strict liability and negligent conduct. …