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… individual. The second hypothesis proposed the mixture comprised of defendant, D.A., and two unknown individuals, … sexual assault. On appeal defendant raises the following points: POINT I WHAT D.T. WROTE ON THE LEGAL PAD WAS … 801(c); N.J.R.E. 802. For statements by sexual assault complainants under age twelve, N.J.R.E. 803(c)(27), the …
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… PCR petition substantially for the reasons expressed in the comprehensive written and oral opinions rendered by Judge … was dismissed. As part of the plea agreement, the State recommended that defendant be sentenced to twenty-three years' … appeal. 5 A-0535-24 In a forty-four-page written opinion accompanying the July 29, 2024 order, the judge determined …
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… affirm. I. Because this domestic violence litigation has a complex procedural history, we recount the pertinent events … On February 3, 2020, plaintiff filed a domestic violence complaint alleging that defendant committed five predicate … again review these videos, [which] as [plaintiff's counsel] points out, are somehow edited from many hours of videos. …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and 5 A-2227-22 2C:15-1; … plead guilty to second-degree aggravated assault, with a recommended eight- year sentence subject to NERA, while the … raised on direct appeal. Defendant raises the following points in his appeal: POINT I: THE PCR COURT ERRED IN …
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… an inmate exit a janitor's closet with red eyes and complaining of blurred vision. Officer Naul sent the inmate … 3 A-2741-21 On January 15, 2022, Fleming was charged with committing prohibited act *.002, assaulting any person, in … 10A:4- 9.13(e). We disagree with appellant's first two points as the record does not support appellant's argument …
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… A. BRADLEY, a/k/a HOOP BRADLEY, MALCOLM H. BRADLEY, and MALCOM BRADLEY, Defendant-Appellant. ________________________ … citing the short period of the deliberations and the complexity of the case. Instead, it ordered the jury to … which part of Triarsi's testimony was tainted—he simply points out a contradiction between Scott's and Triarsi's …
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… 148 N.J. 89, 158 (1997). Defendant presents the following points and arguments for our consideration: POINT I THE … a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … evidence establishing a prima facie PCR claim, and he points to no evidence establishing a dispute as to material …
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… As a result of this incident, plaintiffs filed the instant complaint on May 3, 2019, seeking damages pursuant to a … was holding onto the handrail both 4 A-2852-21 when she was coming down the stairs and "at the time [she] began to … she noticed anything wrong with the handrail when she was coming down the stairs, Janet testified that, "[t]he only …
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… 29, 2023 order denying 1 Because certain parties share a common last name, we refer to them in this opinion by their … a neurological birth injury. The matter arises from the complications encountered during Michelle's labor and … located Dr. Balazs in the operating room, where he was completing a C-section on another patient, and asked him to …
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… judgment. 4 A-0396-23 I. The pertinent facts are not complicated. As noted, we consider them in a light most … view and into the passenger side, Hogan no longer felt comfortable with his wife driving the vehicle for longer … fear that higher speeds would cause the windshield to fail completely. In addition, Hogan began handwashing the SUV …
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… vacate his guilty pleas. That being said, for the sake of completeness, we conclude the record does not support his … to the Edison house to execute an arrest warrant against Malcom A. Bradley – believing he was present in the house – who … any way, shape, or form that the police were not allowed to come in; police asked about Bradley's presence and …
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… fines, and penalties. Defendant raises the following points for our consideration on appeal: POINT I THE … STATE FAILED TO PRESENT PRIMA FACIE EVIDENCE THAT DEFENDANT COMMITTED SERIOUS[]BODILY[]INJURY MURDER. 1. Incorrect … "knowingly" causes the 8 A-1719-16T4 death of the victim or commits serious bodily injury that results in death. See …
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… and has two second-floor residential units, a first-floor commercial storefront tenant facing the street, and, in the … followed. II. On appeal, the Board raises the following points1 for our consideration: POINT I DUE DEFERENCE WAS NOT … in lieu of prerogative writs, 1 We have condensed the points raised by defendant for clarity. 11 A-3114-14T3 the …
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… remand for a new trial. Alessi and co-worker, Philip Izzo, commenced a dating relationship in 2011. At the time, Izzo … them to Fornaciari at the address listed in the civil complaint. Included was an unsigned cover letter stating her … a new trial. In light thereof, we do not address the other points of error raised on appeal. Reversed and remanded. We …
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… 2C:15-1(a)(2) (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … In his brief on appeal, defendant raises the following points for our consideration: POINT I THE VIDEO WAS HIGHLY … in the area of the scene shortly after the crime was committed. Following the robbery, defendant threatened D.H. …
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… that was robbed; and Emendo E. Bowers, defendant's accomplice in the robbery. The manager testified that shortly … that three other men, including defendant's brother, committed the robbery with him. Bowers testified at trial … any of the other three men Bowers previously claimed committed the robbery, including defendant's brother. By …
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… guilty after his attorney waived a formal reading of the complaint and withdrew his not guilty plea. After the judge … in the negative but stated he and defendant "read it on the computer . . . together." Before accepting defendant's … 2021. During oral argument, defense counsel reiterated the points raised in the PCR petition but added the long delay …
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… prison terms on the remaining counts, ordered defendant to comply with the Megan's Law registration requirements, and … Instruction. B. The Court Neglected to Issue a Fresh Complaint Instruction. POINT II THE PERVASIVE PROSECUTORIAL … the jury a specific unanimity charge as well as a fresh complaint instruction. We disagree. It is well settled that …
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… cases is limited. R. 1:36-3. 2 A-1840-20 PER CURIAM In this commercial landlord-tenant dispute, plaintiff Aperion … annual rent was $82,200. Arbitration took four years to complete. During that time, defendant continued to pay … rent. On July 18, 2018, plaintiff filed a two-count complaint. Count one alleged a breach of the lease by …
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… were called to the scene, Officer Albert Bower issued a complaint against defendant for disorderly conduct, N.J.S.A. … charge filed by Officer Bower against defendant, as well as complaints for 1 We use Militinia Bland's first name in this … and Deborah Alston.3 A private attorney prosecuted the complaints filed by Bland and Militinia against defendant …