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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2662-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JEREMY … expressed in these terms, the insanity statute codifies the common-law "M'Naghten" test dating back to … that the statute does not allow the insanity defense to get to a jury without expert opinion. Defendant’s insanity …
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… with the 1 Because Richard and Waleik McCullum share a common surname, we refer to Richard by his first name. We … his distinctive blue eyes, from seeing defendant together with his son several times. Christopher Diaz, … any possible feedback." State v. Anthony, 237 N.J. 213, 226 (2019). Failure to do so, however, does not require …
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… from a November 22, 2023 order denying their motion to compel arbitration and to dismiss the complaint filed by … Consent" was activated when plaintiffs' daughter was getting updates on the driver's progress because the … to de novo review." Cole v. Jersey City Med. Ctr., 215 N.J. 265, 275 (2013) (citing Manalapan Realty, L.P. v. Twp. Comm. …
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… statistics showing that inmates are less likely to commit crimes as they get older, supplementing the non-exhaustive list of relevant … and rehabilitation concerns. See Thompson, 210 N.J. at 126-27. The OPD petition recounted the history of those …
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… condition has been impaired or is in imminent danger of becoming impaired” due to the parent’s failure to “exercise a … relationship with Leo and that they did not live together, but she expected that he would financially provide … hospital regarding when Mia would be discharged. On June 26, the Division executed an emergency removal of Mia from …
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… State failed to prove the officers who executed the search complied with the "knock-and-announce" rule. Specifically, … outlined in the law. [Body Worn Camera Policy, at 26, §13.] The No-Knock Directive similarly explains: This … that I imagine that's going to be there when [defendant] gets out that he won't, but, clearly from what's before me, …
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… for him to engage in sexual conduct with her. This communication was preserved in the following text exchange, … [K.I.:] Oh yeah. Delete these messages. [Defendant:] Forget it. I'm going to kill myself tomorrow night. 5 A-2203-22 … to tolerate use of the speculum during the exam." Id. at 26-27. Defense counsel argued this evidence was exculpatory …
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… behalf of themselves and others similarly situated, filed a complaint alleging defendants and their co-defendants, … 408(b) of the federal Internal Revenue Code of 1986 (26 U.S.C. § 408(b)), or individual retirement accounts at … members who pay its dues. Defendants correctly argue that "getting a discount on goods 29 A-2898-16T4 and services is a …
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… motion for reconsideration summarily dismissing his complaint in which he attempted to set aside decedent, Lucy … aides were hired to assist decedent, who could no longer get out of a chair, control her bladder, speak, or hold a … Johnson v. Cyklop Strapping Corp., 220 N.J. Super. 250, 264 (App. Div. 1987)). "This court may only disturb the …
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… sentenced both defendants in accordance with the State's recommendations. Defendants now appeal from a June 17, 2016 … items on the ground behind him as [the officers] went in to get him." Those items included two .223 ammunition rounds, … only if clearly mistaken. State v. Hubbard, 222 N.J. 249, 262 (2015). "We accord no deference, however, to a trial …
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… granting defendant summary judgment and dismissing her complaint. On appeal, she contends that, contrary to the … understood that "not being 7 A-1294-16T4 married and getting pregnant [violated] the rules of the Catholic … the Supreme Court's opinion in McKelvey v. Pierce, 173 N.J. 26, 32-33 (2002), the trial court stated that it was not …
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… from the May 6, 2016 Law Division order, dismissing their complaint with prejudice. In so doing, the trial court … food prepared on site, "that passes through the kitchen, gets prepped, and then is brought out into the banquet … the Board." Instead, citing Kohl v. Fair Lawn, 50 N.J. 268 (1967) and Burbridge v. Mine Hill, 117 N.J. 376 (1990), …
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… placed with the maternal great aunt. The Division filed a complaint of guardianship in the Family Part in September … parents, and defendants at time have spent holidays together and attended religious services. The children have … N.J. 204, 208 (1988)); Matthies v. Mastromonaco, 160 N.J. 26, 28-29 (1999) (holding "to obtain a patient's informed …
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… Argued January 7, 2019 – Decided March 26, 2019 Before Judges Messano and Gooden Brown. On appeal … second. Defendant's truck flipped over several times before coming to a stop. Witnesses, including an emergency medical … the scene that he was returning from "[g]etting our boat together," and he did not know what happened and was …
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… family transactions or to any transaction that involves companies affiliated with John and Christina Paftinos. On … a matter of law for the court subject to de novo review." Fastenberg v. Prudential Ins. Co., 309 N.J. Super. 415, 420 … in hasty sale of foreclosed property "for what it could get" was "not a bona fide sale nor was it a true indication …
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… COUNCIL, RICH MACGUIRE, WASHINGTON CELEBRATES AMERICA COMMITTEE, WASHINGTON ORANGE CRATE DERBY and RALPH BANGHART, … or somebody, if they're close enough, will say, "get off the hay bales" before each race. Plaintiff was … Hoffman v. Asseenontv Com, Inc., 404 N.J. Super. 415, 425-26 (App. Div. 2009)). "That the trier of fact makes …
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… arrest and before his trial. 3 A-5066-14T2 without coming to a full and complete stop at a stop sign. Officer … cell phone to give his girlfriend instructions on how to get to the station. Defendant explained he was having a … of the remaining Barker factors, Cahill, supra, 213 N.J. at 266. The delay here is clearly sufficient to require …
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… To quote one of our earlier opinions: "This is a convoluted commercial landlord/tenant" dispute. Defendant Richard … entered on August 25, 2014, September 8, 2014, and August 26, 2015, because the facts found at trial established that … to be in contempt of that order; and ultimately failed to get the subdivision because he had no plan regarding parking …
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… CUMULATIVE PREJUDICIAL IMPACT OF THE PROSECUTOR'S IMPROPER COMMENTS DENIED APPELLANT A FAIR TRIAL. We affirm. I … video-recorded statement she provided to police on January 26, 2011, the day her husband passed away. She argues the … a CD [recording of the testimony] . . . if someone wants to get a copy of it," and the absence of any suggested cure by …
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… 25, 2000, three agreements were executed between Nycoil Company ("Nycoil" or "the Seller") and N-C Acquisition, LLC … and language. Thus, we must consider all the agreements together, and construe them in light of the referenced … apply the definition of an NFA letter found in N.J.A.C. 7:26B-1.4, which, unlike the definition of an NFA letter in …