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… raising the following points: POINT I [] DEFENDANT WAS IRREPARABLY PREJUDICED WHEN THE TRIAL COURT ADMITTED HIGHLY … CASE. POINT IV THE TRIAL COURT FAILED TO GIVE A PROPER AND COMPLETE JURY INSTRUCTION REGARDING PHOTO ARRAY … was the 2 United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). 6 A-4030-14T4 description an …
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… gave a statement to the police." State v. Pohida, No. A-6266-05 (App. Div. Feb. 10, 2009) (slip op. at 14) (Pohida … is present or readily available to assist that person, the communication of that information to the suspect is … he specifically raised the Reed issue. Paul died in 2014. A paralegal who had worked for Paul testified he was unable to …
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… R.B. Defendant and R.B. were charged in an indictment with committing offenses occurring during two overlapping … See State v. Zembreski, 445 N.J. Super. 412, 425, 426 (App. Div. 2016) (finding the State has an "unfettered" … by any explanation of the context within which each was separately made. Defendant did not object to the testimony …
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… shootings while count nine was predicated upon defendant's comments in those phone conversations. Defendant now appeals … packaged for distribution, oxycodone pills and drug paraphernalia. Although A.A. testified that she had stayed … floor and alleged that it went off during the initial "tussle." Defendant stated, "You know you came in, you did …
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… fair one, because every time we go to the court -- I know I commit a 1 The Public Defender shall "[m]aintain one or more … CONSTITUTED PER SE INEFFECTIVE ASSISTANCE OF COUNSEL. 26 A-3518-16T1 TRIAL COUNSEL'S FAILURE TO WITHDRAW AS MR. … Amendment of the United States Constitution and Article 1, Paragraph 10 of the New Jersey Constitution, the right to …
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… covered in blood. Laielli described "thick coagulated blood coming out of [Hunter's] ear," and that his head was … Hunter 's house. They would call ahead to get permission to come to the house, and then call again after they arrived. … State's case . . . ." State v. Land, 435 N.J. Super. 249, 269 (App. Div. 2014) (internal citations omitted). Moreover, …
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… to permit J.C., the victim's mother, to testify as a fresh complaint witness pursuant to N.J.R.E. 803(c)(2). Defendant … 521, 538 (2017) (quoting State v. Hubbard, 222 N.J. 249, 262 (2015)). "A trial court's interpretation of the law, … witnesses . . . ." N.J.R.E. 611. The rule "is comparable to the broad discretion invested by the common law …
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… that was entered after a jury found him guilty of committing second- degree aggravated assault, N.J.S.A. … CONSTITUTED SIGNIFICANT PROSECUTORIAL MISCONDUCT, IRREPARABLY DAMAGED THE PROCEEDINGS, AND DEMAND REVERSAL. … applicable substantive law. State v. Buckley, 216 N.J. 249, 261 (2013) (quoting State v. Hutchins, 241 N.J. Super. 353, …
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… attorney for appellant Jason A. Dotts, III (Richard Sparaco, Designated Counsel, on the brief). Joseph E. … assault, N.J.S.A. 2C:12-1(b)(1); and conspiracy to commit robbery, 1 Although both defendants bear the suffix, … THE COURT'S ERRONEOUS DOUBLE[-]COUNTING OF DEFENDANT'S STATUS AS A "PERSISTENT OFFENDER" AND AGGRAVATING FACTORS SIX …
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… DIVYA GURU LLC, ALEX REAL ESTATE HOLDINGS LIMITED LIABILITY COMPANY, ALEX 1997 LIMITED LIABILITY COMPANY, ALEX PROPERTY … plaintiffs, Lalji and Premwati Sanghani, made fourteen separate loans to defendant, Rajeshkumar Patel (Rajeshkumar),1 … plaintiffs to file suit. Plaintiffs appeal three May 26, 2021 Law Division orders entered by Judge Kimberly …
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… the clarifying affidavit, plaintiff promptly amended the complaint to name the previously unidentified doctor (and … representing the three added defendants. Dr. Caputo had separate counsel. 6 The appendices contain only the expert's … given by interns, residents, and fellows[.]" Merriam-Webster's Dictionary (2018), …
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… DOCKET NO. A-4131-15T3 NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION, Petitioner-Appellant, v. JOSEPH DIVINCENZO and … of a political question is primarily a function of the separation of powers." Gilbert v. Gladden, 87 N.J. 275, 281 … agency is authorized to make decisions and orders. Merriam-Webster defines "determine" as "to fix conclusively or …
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… there were extraordinary circumstances sufficient to overcome the mandatory minimum term of imprisonment prescribed … was reliable and that no "substantial likelihood of irreparable misidentification" occurred when . . . Palms … made a mistake."' [State v.] Anthony, 237 N.J. [213,] 226 (quoting Henderson, 208 N.J. at 303). The totality of the …
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… a counsel fee award. Additionally, she requested an order compelling the parties to use a computer program called "Our … time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the … and stated: the court does not believe traveling in an automobile 5 and a half to 6 hours every other weekend for the …
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… repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … a substituted juror." State v. Terrell, 452 N.J. Super. 226, 274 (App. Div. 2016) (citing State v. Ross, 218 N.J. … either a consecutive or concurrent sentence should be separately stated in the sentencing decision; (3) some reasons …
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… Further, on July 24, both 4 A-5136-17 defendant and Bongco communicated with Achetouane's girlfriend about the rumors, … family history, family situation, and contacts; health status; physical appearance; any substance abuse and treatment … Further, defendant's cooperation was required for the preparation of a report concerning his mental condition. See …
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… County, Docket No. FM-14-1195-15. 1 The parties filed separate appeals of the judgement of divorce and a March 19, … SUBSTANCE ABUSE ISSUES AND NOT ORDERING PLAINTIFF TO COMPLY WITH THE SUBSTANCE ABUSE EXPERT'S RECOMMENDATIONS. … agreed to maintain the 11 A-3309-18 parenting-time status quo, which granted plaintiff supervised visitation with …
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… THE OFFENSE THE STATE ALLEGED THAT DEFENDANT INTENDED TO COMMIT WHEN HE ENTERED THE APARTMENT WITHOUT PERMISSION. … to possess weapons, N.J.S.A. 2C:39-7(b), as charged in a separate indictment. II. For the first time on appeal, … even do so "graphically and forcefully." State v. Pratt, 226 N.J. Super. 307, 323 (App. Div. 1988). Nonetheless, "the …
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… court then instructed the jury to disregard statements or comments made by people who had not yet testified in court. … THE OFFENSE. POINT IV - THE FAIRNESS OF THE TRIAL WAS IRREPARABLY DAMAGED BY THE COURT'S REFUSAL TO EXCLUDE [THE … to be considered in assessing the reliability of eyewitness 26 A-4276-17T2 identifications. 208 N.J. at 247-72. Those …
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… attorney for appellant Marsha G. Bernard (Richard Sparaco, Designated Counsel, on the brief). Gurbir S. Grewal, … Erik Hoffman obtained warrants to retrieve and record communications of Davis's and Kemar's cellphones. In early … the post office to update the tracking information to "status not updated." Later, Brown was informed the package …