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… by the domestic violence victim, who had a child in common with defendant but slept in a separate bedroom. The … a weapon, N.J.S.A. 2C:39-5(d); third-degree threatening to commit a crime of 4 A-2336-19 violence, N.J.S.A. … [or she] resides." Id. at 202–03. The Court emphasized that ultimately, the "[a]uthority to consent to search a …
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… his laptop. Plaintiff was not injured, and he did not complain of pain. Plaintiff alleged that defendant's actions … The same procedure set forth above will be followed. The [process] is defendant testifies, plaintiff will have the … of plaintiff's case." We disagree. "A trial judge has the ultimate responsibility to control the trial in the …
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… moved to dismiss with prejudice the counts in plaintiffs' complaint alleging professional and/or medical malpractice … or a slavish adherence to form over substance[,]" the Court ultimately established what is now commonly referred to as a … nature of this cause of action, at this early phase of the process, caused the judiciary's case management system to …
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… a sale contract for certain premises is obligated to pay a commission to a third-party broker that secured a … broker, or other basis to impose liability for the commission, we affirm. We discern the following relevant … rights and obligations that come from the contract. Ibid. Ultimately, the "real test is whether the contracting …
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… had two children who reside with defendant. After filing a complaint for divorce, plaintiff filed a case information … plus bonus)." Defendant testified that when she began the process to refinance the mortgage for the Basking Ridge … permits a broad use of extrinsic evidence to achieve the ultimate goal of discovering the intent of the parties. …
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… test, N.J.S.A. 30:4C-15.1(a), reinstated the Division's complaint for guardianship, held the Division had … psychological parents, the court's plan for Gracie was to ultimately remove her from their care "when the time was … that "[p]arental rights are individual in nature and due process requires that fitness be evaluated on an individual …
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… the trial court's order dismissing her domestic violence complaint against her husband J.S. (John), and denying her a … harassment or terroristic threats. Turning to its ultimate legal conclusions, the court held, "taking as true … hair and pushing her head against the steering wheel in the process of getting plaintiff off of him constitutes assault …
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… had voluntarily and knowingly waived his rights after becoming aware of the charges against him from the detective's … answered that it was a large room with two cells, an arrest processing room, and a restroom. Counsel asked if there was … the confession can also be of substantial relevance to the ultimate factual issue of the defendant's guilt or …
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… Caba-Placencia was arrested and charged with conspiracy to commit robbery. Two weeks after the robbery, Sanjay reported … I. THE TRIAL COURT DENIED [DEFENDANT] A FAIR TRIAL AND DUE PROCESS OF LAW BY FAILING TO ALLOW THE JURY TO CONSIDER … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, 61 N.J. at …
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… for the first time that he was fourteen years old when he committed his crimes. He argues that N.J.S.A. … judgment of conviction, Smith was fifteen years old when he committed the murder. Smith challenged his conviction and … to a new sentencing hearing under Zuber, the motion court ultimately reached the opposite conclusion, issuing an April …
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… BE REVERSED BECAUSE THE COURT VIOLATED DEFENDANT'S RIGHT TO COMPULSORY PROCESS AND HIS RIGHT TO PRESENT A COMPLETE DEFENSE WHEN IT … remained relevant to the sexual assault for which the jury ultimately convicted defendant. 26 A-2099-17T1 The judge …
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… are subject to plenary review. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). The … received a referral after Amy's hospital admission. It ultimately effectuated the second Dodd removal after she … though she missed some sessions, Amy "appeared motivated to process her trauma and maintain her sobriety." In April …
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… a September 26, 2019 Final Administrative Action of the Commissioner of the Department of Workforce and Labor (the … to the State regulations . . . ." As part of the oversight process, Devereux staff visit the homes once per week. … "some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… ISSUE IN THE CASE, DEFENDANT WAS DENIED HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY THE TRIAL COURT'S FAILURE TO … first address defendant's contention that the trial court committed plain error by failing to sua sponte provide the … mitigating circumstances—including defendant's youth—and ultimately imposed a sentence on defendant's murder …
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… 4 A-3835-19 available housing with her aunt in order to become eligible for temporary rental assistance (TRA). Evan's … grandparents, R.F. and P.F., and his maternal aunt, M.F., commenced visiting Caden at St. Clare's because they were … for marijuana, was referred to drug treatment, and was ultimately discharged from the program due to noncompliance. …
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… an exterior surveillance camera showed Foye and Peppers coming and going from the location. The video is not clear … the court's oral ruling in the transcript, this particular component of the sentence should be made concurrent to other … jail when the sisters had contact with him. Defense counsel ultimately agreed to include the admonition proposed by the …
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… I., ¶ 1, 10. [(Partially raised below)] POINT IV THE COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS TAMPERING WITH EVIDENCE BECAUSE THIS CRIME IS NOT COMMITTED BY SIMPLY DISCARDING A WEAPON UPON APPROACH OF A … constructive possession." Citing Randolph, defense counsel ultimately acknowledged the mere presence instruction …
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… 104 overnights per year, defendant's $1423 gross weekly income, and plaintiff's imputed income of $375 per week. … he stays in one of the several properties that are in the process of renovation. He lives rent-free in Delray Beach[,] … was rendered in favor of [d]efendant. While I did not ultimately accept [d]efendant's position at the plenary …
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… CONVICTIONS SHOULD BE ORDERED BECAUSE HE WAS DENIED DUE PROCESS AND A FAIR TRIAL BY THE ERRONEOUS ADMISSION OF TESTIMONY ABOUT CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME. U.S. CONST. AMENDS. V AND XIV; N.J. … three recorded calls between R.P. and defendant that were ultimately played before the jury.2 After R.P. testified, …
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… agreed to pay 1.5 million dollars to the Federal Maritime Commission (FMC). Direct purchasers of RO-RO shipping … intended to: (1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the … 136 (App. Div. 2010)). No deference is due to an agency's ultimate legal conclusion, whether formal or informal, with …