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njcourts.gov
… that term. On appeal, defendant argues that the trial court committed plain error in three separate aspects of its jury … out of concern, she texted her mother, telling her not to come home. Defendant discovered the warning text on his … with a generalized psychosis, as well as severe obsessive-compulsive disorder, explaining that "people with very …
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njcourts.gov
… State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … Div. 1994), "[t]rial [c]ounsel does not have the ability to compel a plea offer as the prosecutor solely possesses this … See ibid. ("[A] defendant has no legal entitlement to compel a plea 8 A-0224-19T1 offer or a plea bargain; the …
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njcourts.gov
… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6103). On August 5, 2015, Scott filed a denial of access complaint with the GRC. He argued that the HCFFA custodian … and its employees. Before the GRC, the HCFFA custodian compiled a list of records responsive to Scott's request and …
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njcourts.gov
… IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … BECAUSE THE INTERVIEWER FAILED TO EXTRACT A PROMISE FROM COMPLAINANT TO TELL THE TRUTH OR OTHERWISE DISCUSS TRUTH AND LIES WITH COMPLAINANT. U.S. CONST. AMEND. VI, XIV; N.J. CONST. ART. I, …
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njcourts.gov
… 25, 2020 order denying their motion to dismiss plaintiff's complaint and compel arbitration. We conclude the judge 3 A-0519-20 erred … 5 A-0519-20 On appeal, defendants raise the following points for this court's consideration: POINT I THE [JUDGE] …
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njcourts.gov
… Charles Talian (Paul R. Garelick, on the brief). Giblin Combs Schwartz Cunningham & Scarpa attorneys for respondent … denying their motion to dismiss plaintiff Charles Talian's complaint for failure to file a timely notice under the New … plaintiff told him about the surgery to treat an abdominal complication, such as a bowel infarction or obstruction, …
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njcourts.gov
… Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … obligor" for four "Parent Plus loans[2] so each son could complete college." Edmund "complete[d] five to six years at … 8 A-4080-19 On appeal, plaintiff raises the following points for our consideration: POINT I: PURSUANT TO [RULE] …
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njcourts.gov
… empty. He then began to search the center console, glove compartment, and back seat. Not finding anything of … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID … See State v. Witt, 223 N.J. 409, 419 (2015) (holding "the points of divergence developed in proceedings before a trial …
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njcourts.gov
… the allegations that he possessed child pornography on his computer, and that some of that pornography was available for download by other users of a peer-to-peer computer network. The events leading to the indictment … was able to download three video files depicting sex acts committed with prepubescent children from a specific "IP …
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njcourts.gov
… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2471. Zinovia H. Stone argued … General, attorney for respondent New Jersey Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … agency decision entered on remand by the Civil Service Commission (CSC).1 On remand, an administrative law judge …
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njcourts.gov
… additional delivery of cocaine. Defendant told the CI to come to his apartment. Detectives maintained visual … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRONEOUSLY FOUND … Ribeiro's affidavit. 12 A-5553-16T3 Specifically, defendant points to the affidavit's omission of a statement made by …
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njcourts.gov
… smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … order denying the petition for the reasons stated in an accompanying written opinion. This appeal followed. On appeal, … he arrived two hours after the fact. 10 A-1863-16T4 A juror commented that because defendant had a prior record, he …
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njcourts.gov
… issue with the system. Defendant filed a motion to compel discovery on March 14, 2016. During the hearing, … in "bad faith." The judge granted defendant's motion to compel discovery and, as a sanction for the State's … truck. This appeal followed. The State raises the following points on appeal: 5 A-4776-15T1 POINT I THE TRIAL COURT …
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njcourts.gov
… years. On appeal, he argues: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY DENYING DEFENDANT'S REQUEST … THAT JURORS WERE NOT UNANIMOUS AS TO THE VERDICT, THE COURT COMMITTED REVERSIBLE ERROR BY FAILING TO INQUIRE AS TO … OF REACHING A UNANIMOUS VERDICT. POINT III THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO READ THE PORTION OF …
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njcourts.gov
… five years' special probation conditioned on his successful completion of the drug court program. Defendant appeals from … REASONABLE BASIS FOR BELIEVING THAT DEFENDANT HAD COMMITTED MOTOR VEHICLE VIOLATIONS, THEREFORE THE TRAFFIC … high beam statute). After the briefing in this matter was complete, the State brought to our attention, pursuant to …
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njcourts.gov
… N.J.S.A. 2C:13-2a (count two); and second-degree attempt to commit sexual assault, N.J.S.A. 2C:5- 1/2C:14-2c(1) (count … probation, defendant was required to perform 150 hours of community service and undergo sex offender counseling and … case is particularly strong." Ibid. As defendant correctly points out, evidence of prior crimes and bad acts are not …
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njcourts.gov
… and assault on a corrections officer. The State agreed to recommend that defendant be sentenced to an aggregate … his pleas, his counsel advised the judge that defendant was competent to stand trial based upon a psychiatric … him, counsel explained that it was necessary to assess his competency to stand trial. During defendant's plea to the …
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njcourts.gov
… her over. She identified defendant as the man who had come into the store, demanded money, and threatened her with … give the knife to one of the officers. Defendant eventually complied, and the officers attended to his wounds and took … appeal followed. On appeal, defendant raises the following points: POINT I THE PCR COURT SHOULD HAVE HELD THAT …
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njcourts.gov
… stood outside a friend's house in Elizabeth. Portillo was accompanied by five others, including one who swung a machete … See, e.g., State v. Davis, 104 N.J. 490, 505 (1986). "Common sense and good judgment . . . require that police … all wearing the same dark clothing. Statistically speaking, coming across such a grouping, even where the majority of …
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njcourts.gov
… certain-persons charge. In return, the State agreed to recommend a sentence of seven-years imprisonment with a … with a five-year parole ineligibility period along with accompanying fines and penalties. Defendant did not appeal his … hearing before the PCR judge and raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …