-
njcourts.gov
… in New Jersey, there must be territorial jurisdiction. At common law, the requirement for territorial jurisdiction … meant that a state could prosecute only those crimes committed within its territorial borders, but this notion has relaxed over time. It has now become common for states to invoke jurisdiction whenever any …
-
njcourts.gov
… this Court’s decision in In re Opinion No. 26 of the Committee on the Unauthorized Practice of Law, 139 N.J. 323 … the property. In December 2008, Zaman filed the underlying complaint, claiming that he was the purchaser in an … Felton claimed that the parties’ transactions collectively comprised an equitable mortgage and that the transactions …
-
njcourts.gov
… crime, N.J.S.A. 2C:40-18b. The State agreed to recommend dismissal or merger of the vehicular homicide charge … controls, or other laws whose violations risk harm to the community at large.” Defendant argues that a violation of … by defendant, however, the Seat Belt Law does protect the community at large and not merely discrete individuals. The …
-
njcourts.gov
… June 18, 2019 APPELLATE DIVISION 2 A-3298-17T3 Newark Communities for Accountable Policing (Gibbons, PC, … City of Newark (the City), which created a civilian complaint review board (the CCRB) in response to an alarming … and second, the Ordinance improperly permits disclosure of complainant and police officer identities. Otherwise, we …
-
njcourts.gov
… to impose conditions of PSL restricting Internet access. "Community supervision for life was 'designed to protect the … sentence, a special sentence of parole supervision for life commencing upon the offender's release from incarceration. … and (b). PSL offenders remain in the legal custody of the Commissioner of the Department of Corrections, are …
-
njcourts.gov
… (NOT RAISED BELOW) POINT II: A CRIMINAL ATTEMPT CAN ONLY BE COMMITTED WITH A PURPOSEFUL STATE OF MIND; YET THE JURY … "not very much different." However, viewed in context, that comment would not have confused the jury, because the judge … entered a structure without permission, with the purpose to commit an offense therein, and that during the course of the …
-
njcourts.gov
… incorrect, that would "curtail" the doctor's ability "to come to a conclusion with a reasonable degree of certainty." … but the analyst needed a buccal swab from Amelia for comparison purposes. Heck then collected a swab from Amelia. … defendant, 9 A-0256-19 the trial court gave the jury "an incomplete jury instruction as to ' [C]redibility- Immigration …
-
njcourts.gov
… two aggravating factors, specifically that defendant committed the murder while engaged in the commission of, or flight from, the other murder or the … conduct was purposeful or knowing, as the State argued, or, committed in the heat of passion or by accident, as …
-
njcourts.gov
… PREJUDICED THE DEFENDANT. II. THE PROSECUTOR'S IMPROPER COMMENTS IN CLOSING ARGUMENT REGARDING THE SURVEILLANCE … against her back and told her to open the register. Bohnert complied and after the customer stole $714.30, she ran … jury's attention from the evidence and produce a verdict fueled by emotion rather than a dispassionate analysis of …
-
njcourts.gov
… GARB. (PARTIALLY RAISED BELOW) POINT III THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION, INCLUDING WHEN SHE URGED, … to the sentencing court a . . . still photograph, a computer- generated presentation, or a video presentation of … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
-
njcourts.gov
… focus on the "puzzle pieces" he had presented, use their "common sense" and not to be distracted by defense counsel's … The prosecutor asserted Nadjhier's "willing[ness]" to accompany defendant created a "probability" of knowledge from … depends on a balancing of the relevant factors." State v. Fuentes, 217 N.J. 57, 72 (2014). "[W]hen the mitigating …
-
njcourts.gov
… and fire-bombing of four Jewish synagogues and a Jewish community center. Specifically, defendant was convicted of … 2C:17-1(a); two counts of first-degree conspiracy to commit arson, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:17-1; two counts of first-degree aggravated arson as an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:17- 1(a)(2); three …
-
njcourts.gov
… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … Susan Cohen Esquilin testified about Child Sexual Abuse Accommodation Syndrome (CSAAS). Dr. Esquilin stated that CSAAS … these behaviors are secrecy, helplessness, entrapment and accommodation, delayed disclosure, and recantation. In …
-
njcourts.gov
… time, materials it received in response to a July 4, 2004 communications data warrant. The date of the materials … and whether there is a reasonable probability that the outcome of the trial would have been different had the State … pointed it at De Souza, and ordered him out. De Souza complied, then pushed the gunman and began to run when he …
-
njcourts.gov
… again started to attend the youth group activities and her communications with defendant increased. She would see … Defendant said he could help her "be happy" and "become closer to God" if they reenacted his "visions." B.H. … we apply a deferential standard of review. State v. Fuentes, 217 N.J. 57, 70 (2014). "The reviewing court must …
-
njcourts.gov
… that it did not warn of the hazard with the intensity commensurate with the outcome. Four, that it did not explain how to act to avoid … the condition, and the nature of the danger, as well as the combination with the foreseeable permitted use of the …
-
njcourts.gov
… Div. June 30, 2020). In an October 21, 2020 order and accompanying written opinion, the Family Part again concluded … findings are made without concern that the judge may remain committed to her earlier conclusions, and because the judge … Leslie also began a polygraph examination but was unable to complete it because she became too emotional. 7 A-0840-20 …
-
njcourts.gov
… respect to the transcript. He also argues the prosecutor's comments in summation deprived him of a fair trial. After … counsel agreed to discuss redactions after the hearing and come to an agreement before trial. At the close of the … The judge instructed counsel "to work together to come up with a limiting instruction for the [c]ourt." II. …
-
njcourts.gov
… her siblings, that same child replied "not that much." She complained that her sister "ruins [her] stuff" and that her … reviews and analyzes this information and makes a recommendation as to whether any action should be taken … 448 N.J. Super. at 395 (distinguishing the "broad impact accompanying an established finding"). We turn to consider …
-
njcourts.gov
… an order dismissing with prejudice her product liability complaint against American Honda Motor Company, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … led to the dismissal order. Plaintiff initially filed her complaint pro se on October 4, 2012. She named only Honda …