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… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … attention was focused on a weapon, and the degree of stress experienced by the witness. Our analysis in this case … procedure subject to the requirements and remedies set forth in A-4644-17T1 31 case law and Rule 3:11. At …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … Paden-Battle of kidnapping Regina Baker, conspiracy to commit kidnapping, and felony murder. The jury acquitted … Baker. [Emphasis added.] In other statements, the judge stressed that defendant: used "her apparent authority within …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … represented by counsel. We reverse. The record shows A.O.J. complained to the judge about her inability to communicate … 10, 2019] she appeared telephonically, the [c]ourt again stressed that she should retain counsel in this matter. The …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … The Court noted that "[a] participatory interest . . . stresses the relationship of the evidence to the underlying …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … an upstairs window but returned inside upon the officers' commands. Once he climbed back into the residence, Simeone … to qualify as a search incident to arrest." The judge also stressed "that the police had ample opportunity to obtain a …
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… acted in a representative capacity, seeking LAD remedies on behalf of her child, who was not yet an adult when defendant filed the underlying LAD complaint. 3 A-3068-16T2 After plaintiff terminated … include: economic loss; time loss; physical and emotional stress; and in some cases severe emotional trauma, illness, …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … Cross-Respondent, v. 1515 BROAD STREET, LLC, THE WALSH COMPANY, LLC, and COUNTY GLASS & METAL INSTALLERS, INC., … deliberately obstructive or the result of psychological stress or disease. . . . The circumstances clearly warranted …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … of each week." The court found that the sentence would accommodate his work schedule and promote his success on … prospect of regular re-incarceration or its attendant stresses"). An intermittent prisoner faces potentially …
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… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … notes that the Legislature made clear that the rights, remedies and prohibitions of the CFA are "cumulative of any … will work at cross-purposes." Ibid. The Court further "stress[ed] that the conflict must be patent and sharp, and …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … under the speedy trial rule and statute, a case may be "complex" if it has "complicated evidence," but time is … 25. In excluding the DNA evidence, the court repeatedly stressed that there was no "adequate explanation from the …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … conduct that resulted in his or her discharge had the ingredients of willfulness, deliberateness and intention." Ibid. … elucidated and reiterated in subsequent case law." Ibid. We stressed in this regard that Beaunit Mills "built upon a …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … responded: "No." On the question of apportionment under the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.17, the … aggressive or losing patience around the child[.]" Vivian stressed that "he has never been a problem[.]" Umetiti asked …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … dismiss six of the first eighteen counts alleging defendant committed sexual offenses against his daughter, K.W. … of their daughter Donna in 2015. Summations Defense counsel stressed that defendant's medical records revealed he tested …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … a narcotics trafficking network, N.J.S.A. 2C:35-3, which is commonly referred to as the "kingpin" offense. Because they … charge as delivered'"). As the Supreme Court in Conception stressed, while model jury charges are often useful, "[a]n …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3048-19 SEAVIEW HARBOR REALIGNMENT COMMITTEE, LLC, JOHN DABEK, DIAN DABEK, EDWARD MCGLINCHEY, … two percent, and Egg Harbor was "in a state of economic stress as a result of state mandates," the State's failure …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … benefits for the storm damages, how should the mortgage company determine whether to use those insurance funds to … cmt. d (1997) (Emphasis added).] The Restatement therefore stresses the importance of the lender acting "reasonably" …
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… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … rights under Title 30, unless the Division proves with competent, case-specific evidence that the marijuana usage … in any services other than visitation." The judge also stressed that the older child, J.W., has been with her own …
njcourts.gov
… SYSTEMS, INC., MERIDIAN HOSPITALS CORPORATION, BAYSHORE COMMUNITY HOSPITAL, FRANK CITARA, KEVIN DONOHOE, LINDA … [and] the Guaranteed Fair Treatment Policy." Finally, it stressed that "either [the employee] or Meridian can … lawsuit "shall be deemed a waiver of the rights and remedies available under any other . . . [s]tate law, rule or …
njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … Division, Passaic County, Docket No. L-0524-20. R. Armen McOmber argued the cause for appellant (McOmber McOmber & … "Although plaintiff undoubtedly found the warnings highly distressing, her subjective response to them is not legally …
njcourts.gov
… supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the provisions of Megan's Law, N.J.S.A. 2C:7-1 … [I have] seen cases that are worse than this one." Romanoff stressed that he knew "factual information" and was "not 12 … States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, …