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… after the suppression hearing, as they were "supported by sufficient credible evidence in the record." State v. S.S., … Although defendant believed that police had already completed searching the house by that time, the court … A-4430-16T2 II. On appeal, defendant presents the following points for our consideration: POINT I THE UNREASONABLE …
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… as co-defendant Aleem Mallard, entered and pulled the gate completely shut. Defendant brandished the gun at the three … appeal followed. On appeal, defendant raises the following points and sub-points for our consideration: POINT I THE … been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Id. at …
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… The teacher and the assistant reported the child's comments to the school principal, who contacted the police. … 7 During her summation, defense counsel argued there was insufficient proof defendant committed the alleged offense, and … inappropriately touched her." In addition, defendant points out the court failed to give a limiting instruction …
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… 2C:39-5(b) (count six); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count … trial, the jury acquitted defendant of conspiracy to commit murder (count seven) but convicted him of the … A defendant will be prejudiced when counsel's errors are sufficiently serious to deny him a fair trial. The prejudice …
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… prison term. Defendant appealed and argued the following points: I. THE CSAAS TESTIMONY OF DR. TASKA WAS … Scope. C. The Jury Charges Related to the CSAAS and Fresh Complaint Testimony Materially Misled the Jurors, Confused … arguments under Points III, VI, and VII are without sufficient merit to warrant discussion. R. 2:11-3(e)(2). We …
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… later refused to remediate, Lewis undertook the task and commenced this suit, alleging, among other things, Hull's … on the premises but instead used Valclene, a non- pollutant comprised of fluorinated-chlorinated hydrocarbons. Hull … because the judge did not provide a ruling that had sufficient specificity demanded by Rule 1:7-4(a). Because …
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… he was assigned to the CCPD's Real Time Tactical Operations Command Center, which is the department's technological 1 … is that right? A. Yes. Q. And ShotSpotter, it pinpoints where a shot was fired, is that right? A. It is … by the military. It was originally developed to help our soldiers combat snipers. It basically is a series of …
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… of the judgment. Defendant's brief raises the following points of argument: POINT I THE MOTHER WAS DENIED HER … FOR HER TO CHALLENGE [THE DIVISION'S] FAILURE TO COMPLY WITH FEDERAL AND STATE REQUIREMENTS. 1 We use … We briefly summarize her findings, which are supported by sufficient credible evidence. R. 2:11-3(e)(1)(A). Regarding …
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… THE JURY CHARGES RELATIVE TO DEFENDANT'S STATEMENT WERE INSUFFICIENT TO ADVISE THE JURY OF THE NEED TO CRITICALLY AND … that, due to a "glitch in the system[,]" which caused the computer to freeze during the interrogation, the audio … obligation to deliver model charges); see also Mogull v. CB Commer. Real Estate Grp., 162 N.J. 449, 466 (2000) ("It is …
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… DIVISION DOCKET NO. A-5233-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF R.E.B., SVP-367-04. … of R.E.B., No. A-1613-11 (App. Div. May 20, 2014). Suffice it to say that R.E.B., born in October 1948, has an … score was "[twelve] out of a possible [twenty-six] points," which was a "high" score for the presence of …
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… Manganaro described defendant's demeanor as "[v]ery combative." At trial, the State played some of the MVR … at the scene contained oleoresin capsicum, the same ingredient as a bottle of police-issue OC Spray, but at a lower … THE PREPONDERANCE OF MITIGATING FACTORS We address these points in the order presented. I. Defendant first argues the …
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… taken over by federal authorities (the federal case). Trial commenced on the State case on February 20, 2014. However, … ineligibility. On appeal, defendant raises the following points for our consideration: POINT I THE COURT IMPROPERLY … the factors listed in RPC 1.7(a) to 5 Defendant correctly points out that the imposition of a sentence on a merged …
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… the interior of the car.1 Because the officers did not completely search the interior of defendant's car before … Ocean County convictions. Defendant presents the following points for our consideration: POINT I AFTER HAVING FOUND A … so long as those findings are 10 A-3899-19 supported by sufficient credible evidence in the record." State v. …
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… she was the District Supervisor of Assessment and Social Studies and District Test Coordinator. She was responsible for … that PARCC protocols permit students entitled to an accommodation to "receive two calculators – their grade/course … during the exam. Kula's presentation was given to Joseph Baruffi, the K through Grade 9 Guidance Supervisor for the …
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… 2C:24-4(a)(2) (count four); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) (count five). The … 1:45 a.m. on November 20, 2016, defendant and an accomplice broke into the home of defendant's neighbor, L.C.1 … led to an unjust result. The possibility must be real, one sufficient to raise a reasonable doubt as to whether [it] led …
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… so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … ensued.2 In his brief, defendant raises the following points for our consideration: POINT I [DEFENDANT'S] … sum, the flaws in the jury charge and related items were sufficiently material to require defendant's conviction to be …
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… 86 N.J. 281, 287 (1981). "The trial court must give 'a comprehensible explanation of the questions that the jury … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly … observed: [T]he carefully instructed legislative plan embodied in N.J.S.A. 2C:39, together with a review [of] Lee and …
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… conviction.1 Before us, defendant raises the following points for our consideration: POINT I DEFENDANT WAS DENIED A … were standing on a sidewalk in front of a housing complex in Elizabeth. Orlando, who Antonio knew, approached, … signifying the "firing pin struck the primer" but with insufficient force "to actually fire the cartridge." After his …
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… documents purporting to be proof of insurance. He gave his company name as "Silverlining," based at a Salem address. … as to each of their interactions with defendant. Suffice it to say that 4 A-0862-18 defendant took money from … other jurors. Now on appeal, defendant raises the following points of error: POINT I THE TRIAL COURT MISTAKENLY …
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… Defendant appeals, and because the trial judge did not sufficiently address his motion for leave to represent … should about the charges, creating "an inference that [he] committed [the crimes] . . . ." He also claimed he … 11 A-1999-18 On appeal, defendant raises the following points: POINT I THE DENIAL OF [DEFENDANT'S] MOTION TO …