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… this appeal, the Court considers whether the prosecutor’s comments and use of a particular PowerPoint slide in her … nor did he verbally threaten violence if Cervantes did not comply with his request. Defendant then walked out of the … the alarm. The central trial issue was whether defendant committed second-degree robbery -- theft using force or the …
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… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … Paden-Battle on the charges of kidnapping, conspiracy to commit kidnapping, and felony murder, and acquitted Paden- Battle of first-degree murder, conspiracy to commit murder, and both weapons offenses. In sentencing …
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… the heightened duty-of-care standard governing private common carriers applies to public common carriers such as defendant New Jersey Transit … of the three TCA immunities they invoke, as well as whether comparative fault could be allocated to the unidentified …
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… court issued a written opinion, stating that Smith would be compelled to testify at trial and that if she refused to … implicate Lewis. Additionally, the State presented a more compelling case against Lewis, which included DNA evidence … crafting the curative instruction does not make the defense complicit in inviting or acquiescing in an error -- the …
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… he also said he downloaded some of the recordings to his computer and erased some of that footage. The recording … oral argument. Plaintiffs’ counsel said he could submit affidavits, but no submissions along those lines were made, … oral argument on the summary judgment motion: “there’s no affidavits or certifications from anybody.” At one point, …
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… to waive them. Because A.A.’s inadmissible statements comprised a substantial part of the proofs against him, a … 15-16) 4. Juveniles receive heightened protections when it comes to custodial interrogations for obvious reasons. … allow a parent and juvenile to consult in private, absent a compelling reason, that fact should weigh heavily in the …
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… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not … believe that a crime occurred and that the defendant committed it. A court should not disturb an indictment if …
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… N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3), and nine, … 198 N.J. 619, 630 (2009) (quoting N.J. State Chamber of Commerce v. N.J. Election Law Enforcement Comm’n, 82 N.J. 57, 75 (1980)) (internal quotation marks …
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… against a negligent, uninsured physician; (2) failure to comply with the statutory liability insurance mandate gives … patients has a continuing duty to ascertain a physician’s compliance with the insurance requirement. In September … Jarrell and his wife (collectively, plaintiffs) filed a complaint against Dr. Kaul and MSSC. On summary judgment, …
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… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … whether a volunteer pro bono attorney may represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even … Justice (VLJ) created a bankruptcy clinic to assist low-income debtors who have no assets to distribute. VLJ enlisted …
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… about the cologne and did not inquire as to how S.A. had come to consume it. Neither Dr. Yu nor any of the JSMC staff … her in April 2006. In April 2007, L.A. filed the instant complaint individually and on behalf of S.A. against several parties, including Dr. Yu and JSMC. The complaint alleged that Dr. Yu had committed medical …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … Court. In this appeal, the Court considers whether a competent individual who is subject to involuntary civil commitment pursuant to the Sexually Violent Predator Act …
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… the PCR court noted that defendant had not provided an affidavit addressing her willingness and availability to … (pp. 14-16) 3. Here, defendant’s petition was not accompanied by an affidavit or certification setting forth the … See State v. Afanador, 151 N.J. 41, 49 (1997); State v. Preciose, 129 N.J. 451, 459 (1992); Pressler & Verniero, …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY HUDSON … to N.J.R.E. 104, to determine whether [Child Sexual Abuse Accommodation Syndrome (“CSAAS”)] evidence meets the … general acceptance of CSAAS among the relevant scientific community, rendering CSAAS testimony inadmissible under …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … by counsel for release. I. Introduction This matter comes before the Court by way of Plaintiff LifeCell … from releasing its sole product into the market which would compete with LifeCell’s existing product. The underlying …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MARIO DELUCA -vs.- ALLSTATE INSURANCE COMPANY AUBURN INSURANCE AGENCY -vs.- ALLSTATE INSURANCE COMPANY RICHARD SORGE -vs.- ALLSTATE INSURANCE COMPANY …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to … depositions and admissions on file, together with the affidavits submitted on the motion clearly shows not to …
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… with a drive-by shooting in which one person was killed. A complaint against Mackroy-Davis charged him with conspiracy … him with conspiracy to commit murder. The accompanying affidavit of probable cause summarized witness statements, … clip associated with a codefendant’s account. The affidavit asserted that Mackroy-Davis drove a car with two …
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… the Court considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a … the New Jersey Department of Corrections submitted to the Commissioner of Corrections a Request for Compassionate Release on behalf of F.E.D. In accordance with …
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… employees or independent contractors under the Unemployment Compensation Law, which sets forth a test -- commonly referred to as the “ABC test” -- to determine … provides the workers with the raw materials necessary to complete the drywall installation. The workers perform the …