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… forensic test revealed no evidence indicative of a completed sexual assault. Responding officers found two … not seek the death penalty. The State further agreed to recommend a life sentence, with thirty-years of parole … for each murder count. Additionally, the State agreed to recommend that a sentence of twenty-years with ten-years of …
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… fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a … made by the PCR court were not material. Defendant first points out that the PCR court mistakenly "concluded that the … for the purpose of fighting or baiting them]." Defendant points out that count six was dismissed and was not …
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… 2C:12-1(b)(4) (count four); and second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a)(1) and … aggravating factors three (the risk that defendant will commit another offense) and nine (the need for deterring … reaches his parole . . . ." Defendant raises the following points for our consideration on appeal. POINT I RESENTENCING …
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… fifteen-year sentence, defendant argues the following points: POINT I THE PROSECUTOR ELICITED IMPROPER LAY- … station's store and came behind the counter. His face was completely covered. He demanded the store's money. When the … but said to leave the one- dollar bills. The cashier complied. The robber demanded a bag, so the cashier got one …
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… Plaintiff-Respondent, v. PLYMOUTH ROCK ASSURANCE INSURANCE COMPANY and JOSEPH CALDERONE, Defendants-Appellants, and … plaintiff was primarily pursuing Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this … PER CURIAM Defendant Plymouth Rock Assurance Insurance Company appeals from the trial court's rulings on …
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… expenses to plaintiff Camile Colarusso. We affirm. I. We commence our review with a brief discussion of well-settled … [m]otion in this regard is denied. Defendant correctly points out that as per the [FJOD], it is clearly stated that … appeal followed. On appeal, defendant raises the following points for our consideration: 2 We note a ten cents …
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… v. KENNETH R. BANKS, a/k/a KEVIN BANKS, RAQUAN BANKS, and EDDIE JOHNSON, Defendant-Appellant. … and twelve-year-old V.M. entered a park in Elizabeth accompanied by their mother, G.S.-M. (mother). J.M., who was … ENFORCEMENT AND EGREGIOUS ACTS OF RACIAL PROFILING. POINTS III: PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF …
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… the Burden of Proof to the Defense and Could Not Be Remedied by Curative Instructions. C. The Detectives' Testimony … immediately objected, and argued that the highlighted comment, which the prosecutor had not solicited, incorrectly … summations to proceed in defendant's absence. As defendant points out, the State and federal constitutions guarantee a …
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… Other evidence about the robbery was presented at trial. Eddie Ball, the father of one of defendant's children, … of her freedom. However, the court did not have the same "comfort level" with the October 22, 2009 statement. The … robbery, N.J.S.A. 2C:15; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; and fourth-degree hindering …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … months probation. II. Defendant presents the following points for our consideration: POINT I IN A CASE WHERE THE … and she felt it and his hand was moving. Well, that, ladies and gentlemen, in and of itself is sexual assault, but …
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… match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … 4 A-5528-14T2 On appeal, defendant presents the following points in his counseled brief: POINT I THE DESCRIPTION OF … on partisanship and outrage." She stated: It's time, ladies and gentlemen of the jury, it's time, it's time to end …
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… her like 3 times[,]" then "walked off cussing." She also commented that the woman was bleeding, crying, and upset. … States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, … admitted into evidence, we must consider the principles embodied in the Sixth Amendment's Confrontation Clause, which …
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… NOT GUILTY. We have considered defendant's contentions in Points II and III in light of the record and applicable … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … evidence favorable to the State, and the judge did not comment on the State's evidence or strength of the State's …
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… a probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 694 (1984). … to request that instruction. Although the arguments have common facts, they are discrete; we will, therefore, … at 694. Petitioner argues that his trial counsel failed to comprehend the law on accomplice liability, pointing to …
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… statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … In response, the prosecutor explained she intended her comment to explain the concept of credibility to the jury. … and gave the following curative instruction: All right. Ladies and gentlemen . . . toward the end of [the …
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… 3 A-2986-15T2 The Trooper testified that he could feel heat coming from the front fender of the car and heard a … did not testify or call any witnesses. One of the key points his counsel disputed at trial was whether the State … II. Defendant now appeals, and raises the following points in his brief: POINT I A. STANDARD OF REVIEW. POINT II …
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… benefits. On appeal, Holloway raises the following points for this court's consideration: POINT I THE ALJ AND … Summation. B. The Determination That . . . Holloway Did Not Comply With N.J.A.C. 17:3-6.1(f)[-](g) And Thus, The Board … 2 We have altered the capitalization of Holloway's Subpoints A through C to comport with our style conventions but …
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… cases is limited. R. 1:36-3. 2 A-4811-18 dismissing her complaint alleging wrongful termination, hostile work … The handbook also included a procedure for reporting complaints of discrimination. Adrienne Battaglino began … to continue working at Urban, she needs to have better communication with the store 2nd mgmt. team (aside from …
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… from his role in a series of armed robberies he and others committed one early morning in August 2006. A gas station … 5 A-4293-17 Specifically, defendant raises the following points in his brief: POINT I WATSON’S SENTENCE, 39 YEARS … point) has not been repudiated. 15 A-4293-17 All other points raised on appeal lack sufficient merit to warrant …
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… from an expert concerning the Child Sexual Abuse Accommodation Syndrome (CSAAS). He also argues that his … stated that defendant's family had told her not to file a complaint about what happened. Defense counsel objected and … of the syndrome: secrecy, helplessness, entrapment and accommodation, delayed disclosure, and retraction. Dr. …