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njcourts.gov
… may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight. … appeal ensued. On appeal, defendant raises the following points: POINT ONE THE TRIAL COURT IMPROPERLY CONSTRICTED … find any drugs or money on him but found heroin in a nearby freezer that he had been using. Ibid. Garcia was later …
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njcourts.gov
… 2C:15-1(b) (count one); second-degree conspiracy to commit robbery in violation of N.J.S.A. 2C:5-2(a)(1) and/or … subject to NERA. The judge also required each defendant to complete a five-year period of parole supervision upon … the consent must be 'unequivocal and specific' and 'freely and intelligently given.'" (Citation omitted). In her …
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njcourts.gov
… had been parked in Asbury Park in front of the apartment complex of S.B.1 S.B. contacted the Asbury Park Police … variations, however, in the details she described at trial compared with her earlier statement to the police, including … conviction. Id. at 687; Fritz, 105 N.J. at 52. III. In points I.A.1 and 2, defendant alleges that his trial counsel …
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njcourts.gov
… and sixteen); three counts of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 … thirty); and one count of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 15-1 … 2015 alleged robbery, with the option to pause at certain points selected by the foreperson (juror note C-6). The …
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njcourts.gov
… Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, and ALLSTATE INSURANCE COMPANY, Defendant-Respondent. ________________________ … presented a claim for underinsured motorist (UIM) compensation to their auto insurance carrier, Allstate …
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njcourts.gov
… Hernandez approached Elmer Street in a vehicle; a CI accompanied the detective to introduce him to a suspected … from a distance. He said the seller entered a car after completing the transaction and "rode right directly by me, . … POINT IV THE SENTENCE IS EXCESSIVE. We address these points in the order presented. I. Defendant first argues the …
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njcourts.gov
… Chief Executive Officer, in a first amended four-count complaint charging them with misconduct in their involvement … violated. II. On appeal, plaintiff argues the following points for our review: 9 A-4272-19 POINT I THE DISMISSAL OF … excuse." Printing Mart, 116 N.J. at 751. Plaintiff merely points to [d]efendants' allegedly wrongful conduct in …
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njcourts.gov
… back seat.1 The indictment alleged that "in the course of committing" the burglary of Sally's car, defendant … on defendant.2 Defendant now appeals, raising the following points for our consideration: POINT I THE STATE VIOLATED THE … We do not retain jurisdiction. II. The arguments raised in Points II and III are related and must be addressed for the …
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njcourts.gov
… his car in a manner that blocked defendant's driveway. P.M. complied with defendant's demand to move the vehicle. P.M. … arguments for our consideration: POINT I THE TRIAL COURT COMMITTED ERROR WHEN IT DENIED DEFENDANT'S REQUEST FOR A … urges us to interpret the word dwelling expansively to encompass any part of the so-called "curtilage" of a house, …
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njcourts.gov
… imposed under the 2017 indictment raising the following points for our consideration: POINT I THE LOWER COURT ERRED … the terms of the plea agreement, the State agreed to recommend an aggregate sentence of five years' probation, conditioned upon successful completion of a long-term in-patient drug treatment program, …
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njcourts.gov
… and "coherent." At around 11:00 p.m., when M.W. heard "a commotion," she went outside and saw Taylor arguing with … his hair. He told Lusby to "handle that." Defendant and his companions walked down the street. M.W. was seated outside … ineligibility. On appeal, defendant raises the following points: POINT I THE COURT ALLOWED THE JURY TO CONSIDER AN …
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njcourts.gov
… his PSL sentence. On appeal, defendant raises the following points for our consideration: POINT I DEFENDANT'S ANIMAL … 86 N.J. 281, 287 (1981)). "Jury charges must provide a 'comprehensible explanation of the questions that the jury … knowingly, or recklessly; number two, that the defendant committed one or more of the following acts, tormented, …
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njcourts.gov
… or eliminate the interception of such [non-relevant communications] by making reasonable efforts, whenever … history leading up to our remand order are set forth comprehensively in our prior opinion and need only be … (1981). 8 A-2247-22 II. We first consider whether the State complied with the Wiretap Act's minimization requirements. …
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njcourts.gov
… A-1723-22 EJK REALTY LLC, a New Jersey Limited Liability Company, and EDWARD KLOSS, JR., Plaintiffs-Appellants, v. … and Andrew Rusin summary judgment dismissing plaintiffs' complaint with prejudice, and January 20, 2023 order denying … the court denied. On appeal, plaintiffs raise the following points for our consideration: POINT I SUMMARY JUDGMENT …
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njcourts.gov
… only evidence about defendant's intoxication will need to come from you and again from Masone, who can provide … willfulness, deliberation, and premeditation necessary to commit purposeful and knowing murder. At trial, defendant … ALLEGED BY PAUL BARDO. POINT VI TRIAL COUNSEL ERRONEOUSLY RECOMMENDED, AT [T]HE BEGINNING OF THE DEFENSE CASE, THAT …
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njcourts.gov
… her home from school, defendant would tell J.E. to accompany him to the basement. Once there, he "put his . . . … MCPO detectives contacted defendant and asked him to come to CPD headquarters. Defendant drove himself to the … has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. …
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A-3574-22 Briefs
Briefs
njcourts.gov
… 8 TRIAL COURT ERRED DISMISSING PLAINTIFF’S COMPLAINT, PURSUANT TO RULE 4:23-4 AND/OR RULE 4:23-5(C) … JUNE 1, 2023 ORDER GRANTING DISMISSAL OF PLAINTIFF’S COMPLAINT WITH PREJUDICE … 1 JANUARY 6, 2023 ORDER GRANTING DISMISSAL OF PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE .......................... AP 46 …
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njcourts.gov
… 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 … other than that of an ordinary passenger vehicle . He points to no evidence that would identify a particular …
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njcourts.gov
… forth in R. 4:42-11. We affirm. I. AC Toms River owned a commercial shopping center known as Hooper Commons in Toms River (the Property). AC I Toms River Mezz, … the 5 A-1422-18 defendants' right to collect rent and become entitled to possession of all amounts in the "lockbox." …
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njcourts.gov
… Atlantic County Prosecutor's Office [(ACPO)] made public complaints against the ACPO and specifically, Prosecutor … "defendant ha[d] not provided any evidence, for any of his points, that trial counsel was deficient nor fell below … prejudice. On appeal, defendant raises the following points for our consideration: POINT I AS DEFENDANT HAS MET …