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… 2023 decisions were issued from the bench; neither was accompanied by a memorializing order. 3 A-1900-22 I. We … Middlesex County indictment, with conspiracy to commit kidnapping, kidnapping, and related weapons offenses. … in original) (quoting State v. Carreker, 172 N.J. 100, 115 (2002)). Among those protections is the defendant's …
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… as a matter of law under Rule 4:46-2(c), and discovery is incomplete, we reverse and remand. I. Viewed in the light most … Fuente De Vida Corporation v. National Union Fire Insurance Company of Pittsburgh, 224 N.J. 189, 199 (2016), the … they confronted Dorothy. Plaintiffs contend Dorothy did not comprehend what she had done and wondered if she had made a …
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… not been adjudicated delinquent for any offense that, if committed by an adult, would constitute a crime (a) … are presumptively valid and constitutional. See State v. Comer, 249 N.J. 359, 384 (2022); State v. Buckner, 223 N.J. … omitted).] B. New Jersey's Gun Permit Scheme. For over 100 years, New Jersey has regulated the carrying of firearms …
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… perpetrator to Officer Steven McShaffry. Officer McShaffry communicated the perpetrator's description over his police … with a five-year period of parole ineligibility, with community supervision for life (CSL) and registration under … in criminal matters. See State v. Irelan, 375 N.J. Super. 100, 105 n.1 (App. Div. 2005); State v. Fitzsimmons, 286 …
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… stop of an automobile is based upon a traffic violation committed in his presence"; "that the 1 The rebuttable … the stop was pretextual . . . [is] irrelevant"); State v. Bacome, 228 N.J. 94, 103 (2017) ("The objective reasonableness … v. Ford Motor Co., Lincoln-Mercury Div., 19 N.J. Super. 100, 104 (App. Div. 1952) (likening the transcription of …
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… N.J.S.A. 2C:39-5(b); and second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and 2C:5-2. Defendant was … a conflict of interest for defense counsel at the moment it commenced is not disputed; indeed, the conflict is … provided in the first trial," Rubas replied: Absolutely, 100 percent and I say this with that caveat. The Appellate …
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… we affirm. I. Plaintiff Melissa Presbery filed a complaint alleging she sustained permanent injuries as a … not had prior medical care or imaging related to these complaints." Plaintiff also testified she never had pain or … judgment in November 2022 for defendant's policy limit of $100,000. 9 A-1360-23 This appeal ensued. II. Defendant …
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… Seville, and Anthony and Lori Frisina for breaches of commercial notes and personal guarantees. In addition, … with the progress of Trenk’s negotiations with Valley to compromise their debt and settle the litigation, defendants … conclusion of the litigation, defendants owed Trenk nearly $100,000 in outstanding legal fees and costs. Despite Trenk's …
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… would try to sleep in Charles' bedroom to avoid defendant coming into her bedroom. Kelly also said that when she told … the same version of events 3 RDTCs were established by the Commissioner of Children and Families, pursuant to N.J.S.A. … Kelly for the sexual abuse by families." N.J.S.A. 9:6 8.100. One of the services provided by RDTC staff is …
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… POINT, a sole proprietorship, and DAVID NICHOLS and KIM COMBS, INC. d/b/a CENTURY 21 SUNLAND REALTY, an Arizona … withdrew as counsel, that attorney would be entitled to compensation at his or her standard hourly rate in effect … (quoting Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100, 125 (2005)). "That goal is achieved through the …
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… REFERRING TO A FLAWED AND MISLEADING EXAMPLE OF ACCOMPLICE LIABILITY HE HAD DEVISED, WHICH HAD BEEN FOUND BY … first time on appeal that "the trial court's charge on accomplice liability was deficient because it was not tied to … he was arrested, counsel was 6 The tape was approximately 100 seconds in length. 7 In his final argument to the jury, …
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… possession of CDS with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7; first-degree … any other adverse determination, including his motion to compel the State to disclose the CI's identity, and his … "on his years of experience and participation in more than 100 narcotics investigations," Goncalves determined that …
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… DOCKET NO. A-2223-17T2 IN THE MATTER OF PROCEEDINGS BY THE COMMISSIONER OF BANKING AND INSURANCE, STATE OF NEW JERSEY … for his submission of 1011 fraudulent insurance claims, a $1000 statutory insurance fraud surcharge, $53,384.52 in … pursuant to N.J.S.A. 17:33A-5 and N.J.A.C. 11:16-7.6, a $1000 statutory insurance fraud surcharge in accordance with …
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… and STEVEN CLARKE, DC, Appellants, v. STATE HEALTH BENEFITS COMMISSION, STATE HEALTH COMMISSION, STATE HEALTH BENEFITS … each calendar year. The out-of-network deductible shall be $100 per individual and $250 per family for each calendar … plan" by incorporating ERISA's definition in 29 U.S.C. § 1002(1)); see also 42 USCS § 300gg-21(a) (stating when …
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… DIVISION DOCKET NO. A-1802-17T4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a/s/o REFORMED CHURCH MINISTRIES TO THE … 2 A-1802-17T4 PER CURIAM Plaintiff National Fire Insurance Company of Hartford ("National Fire"), appeals the trial … unconscionable." Schaefer v. Jim Brown, Inc., 33 N.E.3d 96, 100 (Ohio Ct. App. 2015) (quotation omitted). "A party …
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… determined that defendant was a person of interest and he compiled photo arrays. The detective and other officers from … DEFENDANT'S FINANCES AND LIFESTYLE, SUGGESTING THAT HE COMMITTED THE ROBBERY BECAUSE, 10 A-2854-16T3 ALTHOUGH HE … 247 (App. Div. 2003); State v. Stewart, 162 N.J. Super. 96, 100 (App. Div. 1978). Accordingly, "[t]he introduction of …
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… to suppress evidence obtained pursuant to three communications data warrants (CDWs), to exclude the … Count Five upon determining that the State did not prove he committed the robbery while armed with a deadly weapon. On … v. Howery, 80 N.J. 563, 566-68, cert. denied, 444 U.S. 994, 100 S. Ct. 527, 62 L. Ed. 2d 424 (1979). 22 A-0135-16T4 …
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… lights on, exited their vehicle with their guns drawn, and commanded the occupants to show their hands. Cassidy … the description had been stopped and asked the manager to accompany him to their location so that he could identify the … in a favorable outcome." State v. Williams, 219 N.J. 89, 100 (2014), cert. denied, __ U.S. __, 135 S. Ct. 1537, 191 …
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… and AMERIPRISE AUTO & HOME INSURANCE, AMERIPRISE INSURANCE COMPANY and IDS CASUALTY PROPERTY INSURANCE COMPANY, Defendants-Respondents/ Cross-Appellants. … Cadillac Deville, and included $75,000 of PIP coverage and $100,000 of UM bodily injury coverage per person. Plaintiff's …
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… and calling upon an officer to investigate a tip is a common practice. 4 A-0718-15T4 D'Ambrosio testified that on … said he was familiar with weapons and the waistband was "a common spot for a weapon to be." D'Ambrosio repeatedly … braids. Owens stated that he had been involved in about 100 gun arrests, including arrests where several individuals …