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njcourts.gov
… appeal an order denying their motion to consolidate their complaints. We affirm. A-4339-18 5 I. Defendant WaWa, Inc. … (AM) is the proactive management of vehicular access points to land parcels adjacent to all manner of roadways." … to protect the licensing function and permit it to operate free from possible harassment and the threat of tort …
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njcourts.gov
… whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging at a Frye1 … record. II. On appeal, defendant argues the following points, which we have partially re-numbered: POINT I THE … ability to provide an effective defense, which would be free from any conflict of interest. Here, there are enormous …
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njcourts.gov
… M.P.'s aunt M.B. moved to Canada and occasionally visited M.P.'s mother and her family in New Jersey. M.P. … repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … Yarbough, 100 N.J. 627, 643-44 (1985): (1) there can be no free crimes in a system for which the punishment shall fit …
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njcourts.gov
… (counts fifteen through nineteen); and conspiracy to commit armed robbery, criminal restraint and possession of a … included: "Police Records" by the Reporters Committee for Freedom of the Press, Winter 2008; "How Reliable is … wholly unsupported. Aside from bald assertions, defendant points to no authority that would undermine the reliability …
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njcourts.gov
… Defendant Donnell Gideon was convicted by a jury as an accomplice to a homicide. He now appeals the denial of his … that the testimony of an alibi witness does not have to be free of credibility issues for prejudice to be established; … before us, the Court in Pierre highlighted the "fundamental points" of that witness' testimony, referring to the …
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njcourts.gov
… from his conviction and sentence and argues the following points: POINT I DEFENDANT'S SECOND STATEMENT WAS TAKEN IN … ANY EVIDENCE THAT DEFENDANT INTENDED HIS CO-DEFENDANT TO COMMIT A ROBBERY OR THAT THE CO- DEFENDANT ACTUALLY … the statement admissible, he found that defendant's "'freedom of action' was sufficiently deprived to show that he …
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njcourts.gov
… In his appeal, Gallucci contends the trial judge committed three errors. First, the judge unduly restricted … assault. II. On appeal, Gallucci raises the following points: I. THE TRIAL JUDGE IMPROPERLY PRECLUDED DEFENSE … N.J. ____ (2017). 27 A-3609-13T2 Nonetheless, "[w]e are free to affirm the trial court's decision on grounds …
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A-2241-22 Briefs
Briefs
njcourts.gov
… FACTORS THREE AND NINE THAT WERE NOT SUPPORTED BY COMPETENT, CREDIBLE EVIDENCE IN THE RECORD; (C) IMPOSED … of aggravating factors three and nine were not supported by competent, credible evidence in the record. … his anger and impulses as evidenced by his infraction-free record, his institutional programming, the testament of …
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A-3049-23 Briefs
Briefs
njcourts.gov
… New Jersey 07604 (800) 518-0508 jcerra@lynchlawyers.com Date Submitted: September 20, 2024 (800) 4-APPEAL • … Nicholas Ostuni, granting Defendant’s Motion to Dismiss and Compel Arbitration, dated May 30, 2024 … Supreme Court has explained, “Although parties are free to contract for asymmetrical remedies and arbitration …
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njcourts.gov
… she felt numb and dizzy. As a result, she sat down to "compose [her]self before [she] had to get home." After … of the people to be safe within the walls of their homes, free from governmental intrusion." Frankel, 179 N.J. at 611. … has a right to refuse consent to a search was "inapposite." Ibid. (emphasis added). We stated that once inside …
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njcourts.gov
… the ticket. Montgomery was advised by the Motor Vehicle Commission (MVC) his license would be suspended if the … sequentially versus simultaneously; (7) whether a composite is used; and (8) whether the procedure is a "showup." … N.J. Super. 90, 106 (App. Div. 2018). Ultimately, a jury is free to credit lay testimony or reject it entirely. Singh, …
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njcourts.gov
… 2C:43-7.2. On appeal, defendant raises the following points for our consideration: 2 Count nine charged defendant … by the Undue Prejudice of a Joint Trial. B. The Trial Court Committed Plain Error by Failing to Provide a Limiting … 416 (App. Div. 2011) (stating that an appellate court is "free to 18 A-2243-19 affirm the trial court's decision on …
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njcourts.gov
… surveillance in an unmarked vehicle at the apartment complex at 55 Reservoir Avenue. Miller had "received … for his guilty plea, the judge found he entered the plea "freely and voluntarily," "understanding the nature and … Accordingly, we agree with defendant's contention under Points II.A and II.C that, when the 5 State v. Yarbough, 100 …
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njcourts.gov
… software. Home, LAWSOFT, INC., https://www.lawsoft-inc.com/ (last visited Mar. 5, 2024). LawSoft "integrates[] . . . [l]aw … 7 of the New Jersey Constitution guarantee the right to be free from unreasonable searches and seizures." Nelson, 237 …
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njcourts.gov
… MERCK MANUAL (Oct. 2023), https://www.merckmanuals.com/professional/psychiatric-disorders/mood- … to compel him to speak where he would not otherwise do so freely." Miranda, 384 U.S. at 467. Incriminating statements … voluntary and "the waiver of rights was the product of a free will." See State v. Nyhammer, 197 N.J. 383, 402 (2009). …
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njcourts.gov
… contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … of his right to silence and twice conditioned his freedom on him cooperating. As a result of those … a jury instruction for plain error, "failure to object points up the fact that experienced counsel did not consider …
njcourts.gov
… As neither sentence is illegal, we affirm. Defendant first complains about the aggregate seven-year sentence with … the plea, that the court was not bound by the State's recommendation and was free to impose a period of parole ineligibility. The …
njcourts.gov
… 2016, Bossie pleaded guilty to first-degree conspiracy to commit racketeering, N.J.S.A. 2C:41-2(d), and first-degree … He is currently serving his sentence through a residential community release program. Bossie became eligible for parole … the following mitigating factors: Bossie's infraction-free status; participation in programs specific to behavior; …
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… seven years for burglary, attempted burglary, conspiracy to commit burglary, eluding and theft. These various … interview, documentation 3 A-2833-17T4 in the case file, commission of an offense while on bail and the results of an … found mitigating factors, including that Eli was infraction free, participated in institutional programs, institutional …
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… to her arm and shoulder.1 She filed a personal injury complaint against defendant. The written lease agreement … but shall keep and maintain the same in a clean condition, free from debris, trash, refuse, snow and ice." The parties … noted that while defendant's representative may have visited the leased premises a few times annually, he was …