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… second-degree possession of a firearm during the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); … and when the officer told him to get on the ground, he complied. Stranahan searched defendant and found cash, three … to compel him to speak where he would not otherwise do so freely." Miranda, 384 U.S. at 467. Even if the officer reads …
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… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE … PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was … reversed and the matter remanded for new trial. The State points out that defendant did not raise these issues during …
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… the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … parking lot when he saw the hatch of an SUV rise and "a bat come out where two gentlemen were standing behind." He went … to a fair trial, erroneous instructions on material points are presumed to possess the capacity to unfairly …
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… motion for reconsideration and dismissing Summit's complaint in its entirety. This dispute arose from a … contract between Summit and Mercer, which guaranteed Summit commission payments from an arrangement it brokered between … Covanta and Mercer or Fairless, with Summit receiving commission as the broker. On October 25, 2006, Matecun sent …
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… See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … where the State has had a reasonable opportunity to present complete evidence against a defendant in a criminal trial … which it failed to muster" and that "the prosecution cannot complain of prejudice [when] it has been given one fair …
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… engaged in anal intercourse. They gave K.B. a sex toy, commonly referred to as a "rabbit" that was "a dildo as well … by, ___ N.J. ___. "'[E]rroneous instructions on material points are presumed to' possess the capacity to unfairly … charge mandates this result. We need not consider the other points raised by D.C. on appeal. 14 A-2825-14T4 Reversed and …
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… prison term. On appeal, defendant raises the following points: POINT I THE STATE'S IMPROPER BOLSTERING OF ITS … to Taylor, he was told to meet defendant at a condominium complex in Marlboro Township, where Narcotic Strike Officers … subsequently set up surveillance before Taylor drove to the complex's parking lot. Taylor testified that after he parked …
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… while defendant was in a liquor store. He used his in-car computer to check the vehicle's license plate, and … BOLSTERED. (Not raised below.) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN VOUCHING FOR THE CREDIBILITY OF A … arguments in turn. First, defendant contends that the companion cases, State v. Cain, 224 N.J. 410 (2016) and …
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… In doing so, we intend no disrespect. 3 A-4492-14T2 competitive advantage of MCI remaining as a female-owned … the Dilworth's attorney sent a letter to Marie demanding compliance with the agreement to transfer her ownership … was dismissed. Marie and MCI raise the following points on appeal: POINT I A DE NOVO STANDARD OF REVIEW IS …
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… an evidentiary hearing. We affirm. I. The following facts encompassing defendant's underlying conviction are pertinent … hearing to authenticate the video depicting the sexual acts committed by defendant against N.B. On at least five … appeal followed. On appeal, defendant raises the following points for consideration: POINT I DEFENDANT'S PETITION FOR …
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… restraining order in August 2020. She amended her TRO complaint approximately three weeks later. During the … but accepted the ring, fearing defendant "would continue to come back over" if she did not. During her testimony, … of plaintiff, defendant's attorney moved to dismiss the complaint. He argued the "hair pull back in April . . . …
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… On appeal, defendant limits his contentions to two of those points, contending: POINT I AS DEFENDANT PRESENTED … HIS ATTORNEY CALLED A REPRESENTATIVE FROM GEICO INSURANCE COMPANY TO TESTIFY AT TRIAL AND THERE WAS A REASONABLE … surrounding area in order "to know [the site's] in- and-out points . . . so if something bad happened, [they] would know …
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… Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … errors created a "reasonable probability" that the outcome of the proceedings would have been different than if … J.M. Furthermore, distinctive post-mortem lividity and skin compression marks on J.M.'s body matched the pattern of the …
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… N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … N.J.S.A. 2C:35-5(b)(1), in January 2013, with a recommended sentence of twelve years. On that plea form, the … He asserts excusable neglect in that he did not become aware of his deportable status until 2016. Accepting …
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… instructing the jury on a lesser-included offense as an accomplice. Defendant also argues that (4) the prosecutor … which she articulates as follows: POINT I – THE TRIAL COURT COMMITTED PLAIN ERROR IN ALLOWING THE STATE WITNESSES TO … to paint the cab driver as a homophobic bigot. The State points to arguments made in opening and questions asked on …
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… defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of … say that it’s better to have an attorney . . . you’re not comfortable with." The court added, "a lawyer can argue … from our review of the record that the trial court complied with the principles of Reddish6 and Crisafi, and …
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… and Mitterhoff. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-34. Laddey, Clark & Ryan, LLP, … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … findings. On appeal, the Township raises the following points: 4 A-2578-19 POINT I THE COMMISSION ERRED AND ITS …
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… shoplifting, N.J.S.A. 2C:20-11(b)(2), and imposing fines, community service, and ninety days in the Monmouth County … February 2018 while defendant shopped at a supermarket in Freehold Township. Supermarket security cameras show … his decision pending appeal. Defendant raises the following points on appeal: POINT I THE EVIDENCE FAILS TO ESTABLISH …
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… on a rural road near the bar. They found defendant's truck "completely destroyed." Defendant's nephew was "[h]anging out … An expert in accident reconstruction testified that a computer chip from defendant's truck indicated it was … were admissible pursuant to N.J.R.E. 804(b)(6). In a comprehensive oral opinion, Judge Linda L. Lawhun denied …
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… business through an entity known as United Excavating Company. When, in the 1970's, litigation arose with his … that through this process United Excavating was "virtually" freed of any "income tax" obligation. A-3747-18T3 9 … written opinion. Donald and John, Jr. present three other points for our consideration: II. THE COURT ERRED WHEN IT …