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… and underwent surgery to address her injuries. After the completion of discovery, defendants moved for summary … indicate whether the 1997 work included an excavation. Separately, it asserted that plaintiffs' amended complaint, … Super. at 351 (quoting Black v. Borough of Atl. Highlands, 263 N.J. Super. 445, 452 (App. Div. 1993)). Accordingly, …
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… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … Susan Cohen Esquilin testified about Child Sexual Abuse Accommodation Syndrome (CSAAS). Dr. Esquilin stated that CSAAS … was pending, the Court decided State v. J.L.G., 234 N.J. 265 (2018). The Court found that except for testimony about …
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… its allegations. It suffices to say that motion practice commenced almost immediately thereafter and continued … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282–83 (2016) (quoting Cesare v. Cesare, 154 N.J. 394, … will "enable each party to live a lifestyle 'reasonably comparable' to the marital standard of living." Id. at 26 …
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… two aggravating factors, specifically that defendant committed the murder while engaged in the commission of, or … was also shot, but she survived and is now partially paralyzed. At trial, these facts were undisputed. The issue … extended the deadline to July 16, 2010. On July 26, 2010, Dr. Latimer wrote trial counsel that defendant was …
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… to return to New Jersey. M.G. thought A.A. would be more comfortable calling her when no one was around. A.A. called … was pending, the Court decided State v. J.L.G., 234 N.J. 265 (2018), and held that except for testimony about delayed … he committed aggravated sexual assaults upon A.A. on two separate occasions, specifically penile-vaginal penetration. …
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… she was "the owner of the vehicle" and with respect to "complaints she has made against the Hillsborough Police … turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or … conduct of the parties." State v. Schmidt, 110 N.J. 258, 268, 272 (1998). Immediate control and dominion over an …
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… Defendant-Appellant. _______________________ Submitted May 26, 2020 – Decided July 23, 2020 Before Judges Fasciale and … THEREBY DENYING DEFENDANT A FAIR TRIAL. POINT III THE STATE COMMITTED PROSECUTORIAL MISCONDUCT WHEN THE PROSECUTOR … they also searched Carey's bedroom and discovered drug paraphernalia.3 Sometime after midnight, Williams was …
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… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … Susan Cohen Esquilin testified about Child Sexual Abuse Accommodation Syndrome (CSAAS). Dr. Esquilin stated that CSAAS … was pending, the Court decided State v. J.L.G., 234 N.J. 265 (2018). The Court found that except for testimony about …
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… and raises the following issues: POINT I THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT WHEN SHE APPEALED TO THE … cooperated with the police and was interviewed on two separate occasions during which he allegedly made inculpatory … counsel's belated request, relying on State v. Gorthy, 226 N.J. 516 (2016). It concluded the prosecutor was not …
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… to detain and question Rosario. 1 Garcia did not file a separate brief on appeal, electing instead to rely upon … United States on deceptive behavior and aftermarket hidden compartments." The court found Gilmore "qualified to render … persons offense.'" Id. at 533 (quoting State v. Scriven, 226 N.J. 20, 34 (2016)). Once a vehicle is stopped, "a police …
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… USA, INC. d/b/a DMG/MORI SEIKI USA, and DMG MORI SEIKI COMPANY, LTD., Third-Party Defendant- … Uniform Commercial Code (UCC), N.J.S.A. 12A:1- 101 to 12-26; common law fraud; and negligent misrepresentation. It … THE ONE YEAR PARTS AND SERVICE WARRANTY PROVIDED FOR IN PARAGRAPH 4 IS THE EXCLUSIVE WARRANT MADE BY THE SELLER AND …
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… State Parole Bd., 228 N.J. 204 (2017), which addressed the parameters of the Board's authority to impose conditions … to impose conditions of PSL restricting Internet access. "Community supervision for life was 'designed to protect the … make other substantive changes to the statute. L. 2003, c. 267, § 1 (eff. Jan. 14, 2004). Because appellants were …
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… (NOT RAISED BELOW) POINT II: A CRIMINAL ATTEMPT CAN ONLY BE COMMITTED WITH A PURPOSEFUL STATE OF MIND; YET THE JURY … 216 N.J. at 302-03 (quoting State v. Rodriguez, 97 N.J. 263, 271 (1984)). With respect to some offenses, the … 8 A-1486-15T4 a consummated crime, and punish each stage separately." Davis, 68 N.J. at 78; see id. at 78-80; see also …
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… June 18, 2019 APPELLATE DIVISION 2 A-3298-17T3 Newark Communities for Accountable Policing (Gibbons, PC, … guidance as a profession. Code 2:2-86.1(a)(2)(a). By a separate ordinance adopted July 1, 2016, the City replaced La … In re Egg Harbor Assocs., 94 N.J. 358, 366-67 (1983). 26 A-3298-17T3 We first analyze the power N.J.S.A. …
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… Argued April 4, 2022 – Decided April 26, 2022 Before Judges Sabatino, Rothstadt and Mayer. On … Defendant, Stephen A. Zadroga, had driven his car into oncoming traffic, and an accident reconstruction expert … re-prosecution. The trial court must examine the comparative interests and equities on a case-by-case basis, …
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… Div. June 30, 2020). In an October 21, 2020 order and accompanying written opinion, the Family Part again concluded … on the conditional res ipsa loquitor burden-shifting paradigm detailed in In re D.T., 229 N.J. Super. 509 (App. … Further, we agree with the court that his response, in 26 A-0840-20 which he identified a potential issue with …
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… incorrect, that would "curtail" the doctor's ability "to come to a conclusion with a reasonable degree of certainty." … in this [c]ountry, family fights, [and] robberies." 5 The paragraph is contained in Model Jury Charge (Criminal) … 187 N.J. 275, 289 (2006) (quoting State v. Hock, 54 N.J. 526, 538 (1969)). In deciding that issue, we "read [the …
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… rendering a written opinion, whereupon both parties filed separate appeals. 3 A-2045-20 2019, is the day the child first … alleged sexual abuse. He also argued that the prosecutor committed misconduct in presenting the case to the grand … remedy. See State v. Williams, 441 N.J. Super. 266, 271-72 (App. Div. 2015). "[A]n indictment should not be …
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… and fire-bombing of four Jewish synagogues and a Jewish community center. Specifically, defendant was convicted of … bias intimidation, N.J.S.A. 2C:16- 1(a)(1). In a separate published opinion, we analyzed and rejected … 474 U.S. at 176-77; United States v. Henry, 447 U.S. 264, 270-71 (1980); Massiah, 377 U.S. at 202-03. In …
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… that it did not warn of the hazard with the intensity commensurate with the outcome. Four, that it did not explain how to act to avoid … 23, 2019, the court issued a judgment in the amount of $262,479.67 for past lost wages, representing the sum awarded …