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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1493-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WALLY NANCE, … DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE BY STRIKING CERTAIN TESTIMONY IN SUCH A WAY … he repaid monies to the State. See State v. Cole, 229 N.J. 430, 449 (2017). We do not agree the judge's instruction …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2737-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID AMODIO, … murder (count one), but guilty of the lesser-included offense of first-degree aggravated manslaughter. Ibid. The … THE JURY'S ATTENTION ON THE DEFENDANT'S PROPENSITY TO COMMIT THE MURDER OF HIS GIRLFRIEND. (Not raised below). …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2861-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SHAKEYSHA L. … three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) … or an abuse of discretion. State v. Pruitt, No. A-0830-14 (App. Div. March 10, 2015). She filed her first …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2515-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILSON … actions caused the victim's death and that he was an accomplice to the robbery. 3 A-2515-15T4 Defendant's direct … a new trial motion articulated in State v. Carter, 85 N.J. 300, 314 (1981), the judge pointed out that "although it is …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1635-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GERMANIA … was tried and convicted by a jury of the lesser included offense of first-degree aggravated manslaughter, N.J.S.A. … 2C:11-3a(3); first-degree robbery and conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0461-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NAIM GRIFFIN, … defendant was a registered patient under the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 to -30, and the officers' observations, including the smell of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5656-18T6 STATE OF NEW JERSEY, Plaintiff-Appellant, v. MICHAEL J. … Prosecutor, argued the cause for appellant (Scott A. Coffina, Burlington County Prosecutor, attorney; Jennifer … unjustifiable risk to the safety of any other person or the community or the obstruction of the criminal justice process …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2829-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID A. … was driving was stopped and he was charged with several offenses, including DWI and refusal to submit to an alcohol … judge correctly found that Officer Gawin's testimony complied with the statutory requirements establishing that …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4061-19T3 STATE OF NEW JERSEY, Plaintiff-Appellant, v. D.E., … faces a mandatory thirty-day jail sentence. N.J.S.A. 2C:25-30. On June 18, 2020, the trial court verbally scheduled a … for in paragraph 2(a), the Court refers to the stay of "the commencement of the custodial portion of a sentence" in 7(b) …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2711-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALEC P. … Brian J. Neary argued the cause for appellant (Law Offices of Brian J. Neary, attorneys; Brian J. Neary and … "felt greatly intimidated" by Actor # 2, who began to issue commands to defendant, "including the direction of travel." …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2196-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID … M. Gilson, Designated Counsel, on the brief). Christine A. Hoffman, Acting Gloucester County Prosecutor, attorney for … David Richardson of aggravated sexual assault during the commission of a burglary, burglary, theft, possession of a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0023-17T3 STATE OF NEW JERSEY, Plaintiff-Appellant, v. MAURICE … Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … to our decision in State v. Murray, 151 N.J. Super. 300 (App. Div.), certif. denied, 75 N.J. 541 (1977). Id. at …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4680-18T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALLEN L. BEAM, … In 2017, a detective in the Passaic County prosecutor's office learned from a confidential informant (CI) that crack … (b)(9)(a) (count thirty-one). The State agreed to recommend concurrent sentences of eight years in prison …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5525-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GERALD J. … allegations, and . . . L.M. said that she first began to communicate with defendant in 2002 over the internet and had … on appeal. State v. Pohida, No. A-2408-11 (App. Div. Sept. 30, 2013) (slip op. at 6). The PCR court denied the petition …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2257-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JULIO A. … is now fifty-three years old. This was his first criminal offense. Defendant is not fluent in English; an interpreter … out of school after the eighth grade. Defendant was found incompetent to stand trial in July 2012. An April 2013 …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3045-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARKITA A. … to post-conviction relief due to several 6 A-3045-20 errors committed by her trial attorney constituting ineffective …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0872-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JEREMY GRANT, … the jury on a lesser-included offense; the prosecutor committed discovery violations; the prosecutor engaged in … deferential," id. at 689. [State v. Arthur, 184 N.J. 307, 320-21 (2005) (citation omitted.)] Defendant's argument …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2705-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ELDER … discern sobriety. See State v. Doriguzzi, 334 N.J. Super. 530, 534-35 (App. Div. 2000). "[N]ystagmus is defined as the … However, Ottavinia could not tell whether the odor "was coming from [the driver]," who was later identified as …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0730-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK W. … You[ are] the reason he [is] confused now. When I . . . come [home,] he'll 1 We use initials and pseudonyms to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2174-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RICKY GREENE, … Greene was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 15- 1(a)(1), but … law de novo. Fowler v. Akzo Nobel Chems., Inc., 251 N.J. 300, 323 (2022). Claims regarding the instructions 10 …