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njcourts.gov
… crime, N.J.S.A. 2C:40-18b. The State agreed to recommend dismissal or merger of the vehicular homicide charge … controls, or other laws whose violations risk harm to the community at large.” Defendant argues that a violation of … unambiguous result, the interpretive process comes to a close, without the need to consider extrinsic aids.” Shelley, …
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njcourts.gov
… (Kimball) as the architect and engineer. Defendant Natkin & Company (Natkin) was designated the principal contractor for … the hot water was distributed to the various buildings that comprised the Project. Perma-Pipe, Inc. (Perma-Pipe) … various defects including design defects, defective site preparation for the pipes, defective pipes, and deficient …
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njcourts.gov
… June 18, 2019 APPELLATE DIVISION 2 A-3298-17T3 Newark Communities for Accountable Policing (Gibbons, PC, … error, and second, the Ordinance improperly permits disclosure of complainant and police officer identities. … guidance as a profession. Code 2:2-86.1(a)(2)(a). By a separate ordinance adopted July 1, 2016, the City replaced La …
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njcourts.gov
… State Parole Bd., 228 N.J. 204 (2017), which addressed the parameters of the Board's authority to impose conditions … the use of monitoring software, mandatory password disclosure, and unannounced device inspections, does not … to impose conditions of PSL restricting Internet access. "Community supervision for life was 'designed to protect the …
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njcourts.gov
… (NOT RAISED BELOW) POINT II: A CRIMINAL ATTEMPT CAN ONLY BE COMMITTED WITH A PURPOSEFUL STATE OF MIND; YET THE JURY … 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 … when a reasonable reading is apparent." State v. Carlos, 187 N.J. Super. 406, 414 (App. Div. 1982). Where a …
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njcourts.gov
… 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) … about the law, pursued it, or had plans to pursue it in the future. The court also explained that it does not "answer …
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njcourts.gov
… 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 … of insanity at the time of the offenses remain pending future investigative clinical information and data, for an …
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njcourts.gov
… PREJUDICED THE DEFENDANT. II. THE PROSECUTOR'S IMPROPER COMMENTS IN CLOSING ARGUMENT REGARDING THE SURVEILLANCE … of offenses . . . the court may order an election or separate trials of counts . . . or direct other appropriate … his actions and illustrated that he is likely to commit a future offense. The State also explained that there was a …
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njcourts.gov
… GARB. (PARTIALLY RAISED BELOW) POINT III THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION, INCLUDING WHEN SHE URGED, … nor requested anything further. Pursuant to Article I, paragraph 22 of the New Jersey Constitution, the Legislature … mistakenly exercised his discretion.6 To be sure, in the future, trial judges should acquaint themselves with …
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njcourts.gov
… and contends the prosecutor made improper remarks during closing arguments. In addition, defendant asserts his … focus on the "puzzle pieces" he had presented, use their "common sense" and not to be distracted by defense counsel's … (1) asserted facts not established by the evidence; (2) disparaged defense counsel's arguments; and (3) improperly …
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njcourts.gov
… 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 … application, the detective described the informant's disclosures to the FBI and the papers believed to have been …
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njcourts.gov
… husband Hector Prestol sought per quod damages based on loss of consortium. We refer to Angela as plaintiff and … 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, …
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njcourts.gov
… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … helplessness, entrapment and accommodation, delayed disclosure, and recantation. In addition, M.T. testified that … means that a new rule of law will be applied to "all future cases, the case in which the rule is announced, and …
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njcourts.gov
… time, materials it received in response to a July 4, 2004 communications data warrant. The date of the materials … trial would have been different had the State timely disclosed the CDW materials. I. We assume the reader's … at defendant's direction, PCR counsel focused on a separate point: that trial counsel was ineffective by failing …
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njcourts.gov
… engages in conduct or who causes harm as described in this paragraph is guilty of a crime of the third degree." Ibid. 4 … again started to attend the youth group activities and her communications with defendant increased. She would see … Defendant said he could help her "be happy" and "become closer to God" if they reenacted his "visions." B.H. said …
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njcourts.gov
… Association (defendant or BHIA). The court- appointed commissioners valued the property and fixed just … issue in the analysis of cost to cure mitigation is the comparability of the replacement property. That is the extent … The judge suggested that if a similar matter arose in the future, a trial judge could make a preliminary determination …
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njcourts.gov
… public accountant who testified regarding plaintiff's lost earnings. Defendant also relied upon the fact testimony … that it did not warn of the hazard with the intensity commensurate with the outcome. Four, that it did not explain … fees were not compensable because the jury did not award future economic losses. We review "an order [on] summary …
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njcourts.gov
… 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. … findings are made without concern that the judge may remain committed to her earlier conclusions, and because the judge …
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njcourts.gov
… USA, INC. d/b/a DMG/MORI SEIKI USA, and DMG MORI SEIKI COMPANY, LTD., Third-Party Defendant- … THE ONE YEAR PARTS AND SERVICE WARRANTY PROVIDED FOR IN PARAGRAPH 4 IS THE EXCLUSIVE WARRANT MADE BY THE SELLER AND … of the statute of limitations, and Maruka guaranteed future performance. The motion court held the one-year …
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njcourts.gov
… respect to the transcript. He also argues the prosecutor's comments in summation deprived him of a fair trial. After … the hearing and come to an agreement before trial. At the close of the hearing, the judge ruled the statement was … come here to tell -- to add on is that, oh, to try to disparage [Danielle] as a mother somehow. Because, somehow that …