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- A-47-20 Opinionnjcourts.gov… to the United States Constitution and this state’s common law, now embodied in statute, N.J.S.A. 2A:84A-19, and … persons suspected or accused of crime contains inherently compelling pressures.” Ibid. Hence, where an “individual …
- A-45-20 Opinionnjcourts.gov… surveillance, a sergeant heard a very loud metallic bang coming from the backyard of 81 Browertown and, almost … Petrosky and Sergeant Koller of the Prosecutor’s Office, accompanied by Trooper Hershey and Trooper Smith, went to the … struggled with Boston and eventually handcuffed him. A computer check revealed that both Boston and Willis had …
- A-44-20 Opinionnjcourts.gov… surveillance, a sergeant heard a very loud metallic bang coming from the backyard of 81 Browertown and, almost … Petrosky and Sergeant Koller of the Prosecutor’s Office, accompanied by Trooper Hershey and Trooper Smith, went to the … struggled with Boston and eventually handcuffed him. A computer check revealed that both Boston and Willis had …
- A-41-20 Opinionnjcourts.gov… to establish the identification of the actor by means of comparison to the physical evidence.” (emphasis added). The … In 2002, the Lab entered the DNA profile into CODIS, the Combined DNA Index System, which is a national DNA database … and SOLOMON join in JUSTICE PIERRE-LOUIS’s opinion. JUDGE FUENTES (temporarily assigned) did not participate. 1 …
- A-13-20 Opinionnjcourts.gov… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … Paden-Battle on the charges of kidnapping, conspiracy to commit kidnapping, and felony murder, and acquitted Paden- Battle of first-degree murder, conspiracy to commit murder, and both weapons offenses. In sentencing …
- A-6-20 Opinionnjcourts.gov… concern about tainting the jury and added, “I think coming to court for jury service no one expects they are … the help of experts, interested stakeholders, the legal community, and members of the public -- and consider … convene in the fall to assess this important issue and recommend improvements to our system of justice. 1. …
- A-67-19 Opinionnjcourts.gov… plates, which do not contain the phrase “Garden State.” A companion statute to section 33 addresses groups that supply … Reading the statute in that way avoids absurd results and comports with the view that the Legislature “writes motor- … under section 33c from 2012 through 2019. Law enforcement commonly attacks problems at their source, yet here, rather …
- A-66-19 Opinionnjcourts.gov… plates, which do not contain the phrase “Garden State.” A companion statute to section 33 addresses groups that supply … Reading the statute in that way avoids absurd results and comports with the view that the Legislature “writes motor- … under section 33c from 2012 through 2019. Law enforcement commonly attacks problems at their source, yet here, rather …
- A-46-19 Opinionnjcourts.gov… this appeal, the Court considers whether the prosecutor’s comments and use of a particular PowerPoint slide in her … nor did he verbally threaten violence if Cervantes did not comply with his request. Defendant then walked out of the … the alarm. The central trial issue was whether defendant committed second-degree robbery -- theft using force or the …
- A-44-19 Opinionnjcourts.gov… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … Paden-Battle on the charges of kidnapping, conspiracy to commit kidnapping, and felony murder, and acquitted Paden- Battle of first-degree murder, conspiracy to commit murder, and both weapons offenses. In sentencing …
- A-34/35-19 Opinionnjcourts.gov… the heightened duty-of-care standard governing private common carriers applies to public common carriers such as defendant New Jersey Transit … of the three TCA immunities they invoke, as well as whether comparative fault could be allocated to the unidentified …
- A-96-18 Opinionnjcourts.gov… court issued a written opinion, stating that Smith would be compelled to testify at trial and that if she refused to … implicate Lewis. Additionally, the State presented a more compelling case against Lewis, which included DNA evidence … crafting the curative instruction does not make the defense complicit in inviting or acquiescing in an error -- the …
- A-60-16 Opinionnjcourts.gov… warrant for defendant S.N. for acts alleged to have been committed against his stepdaughter in 2012. In a complaint-warrant, the State charged defendant with … The affidavit of probable cause in support of the complaint-warrant stated that the victim told a staff member …
- A-28-16 Opinionnjcourts.gov… house in the afternoon and told her that he had just come from town, where he had argued again with his brother … that the State’s improper use of the evidence in summation compounded the trial court’s failure to promptly instruct … trial that the fire was incendiary, intentionally set, and fueled by an accelerant. He further determined that the fire …
- A-84-15 Opinionnjcourts.gov… of fact, and with experience in fulfilling that role comes expertise. Duplication of the trial judge’s efforts in … Court released its decision in Anderson. The Advisory Committee rejected “a more searching appellate review” in … judicial authority.” See Fed. R. Civ. P. 52(a) advisory committee’s note to 1985 amendment. Acknowledging that a …
- A-34-14 Opinionnjcourts.gov… dressed and act as though nothing had happened. The victim complied, and the parties and defendant’s sister then … the DNA evidence, which prevented him from presenting a complete defense. A divided Appellate Division panel … eleven stitches to her lip. Upon her release, Detective Fuentes transported Sara to the Union Township Police …
- A-16-14 Opinionnjcourts.gov… back to the United States, but Carrascosa failed to comply with the order. In October 2007, Innes filed a complaint in the Law Division against defendants, Van Aulen, … summary judgment and sua sponte severed the third- party complaint against Carrascosa. However, the trial court …
- A-13-14 Opinionnjcourts.gov… on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … seeing the porch’s sliding glass door open, its screen door come crashing down, and defendant step onto the porch. In … to dispel the reasonable suspicion of danger or to complete the arrest and depart the premises. (pp. 16-20) 2. …
- A-118-13 Opinionnjcourts.gov… the provisions of Sinclair’s plea agreement for an offense committed after the shooting in this case. Sinclair had pled … A claim that there is an inference of bias is particularly compelling when the witness is under investigation, or … the shooting at issue in this case, Sinclair allegedly committed an offense that exposed him to a lengthy term of …
- 00240-2015 Opinionnjcourts.gov… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY DOCKET NO. … Division of Taxation (“Taxation”), on the underlying complaint challenging New Jersey estate tax assessed … Procedurally, Taxation seeks judgment dismissing the complaint for lack of subject matter jurisdiction that the …