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… THAT CASE: THE REPEATED USE OF "AND/OR" LANGUAGE IN THE ACCOMPLICE- LIABILITY JURY INSTRUCTION COULD HAVE EASILY LED … 10:58 p.m. on October 28, 2008, and participated in the processing of the BMW. Chai concluded the fire originated in … the model charge on passion/provocation manslaughter, which ultimately asks the jury to consider the factual …
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… JAMES and GENA JAMES, Plaintiffs, and PRECAST MANUFACTURING COMPANY, L.L.C. and GPF LEASING, L.L.C., … amounted to spot zoning; and the ordinance adoption process was tainted by the Mayor's economic ties with an … by private parties and these parties are in fact its ultimate beneficiaries." Ibid. (alteration in original) …
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… appellants The Sierra Club, Lacey Rail Trail Environmental Committee, Save Barnegat Bay, and The American Littoral … natural functioning of plant, animal, fish, and human life processes at the site and within the surrounding region. f. … Lacey's compliance with particular requirements and in its ultimate decision on the application, the DEP was required …
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… to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … the brochure did warn that "ACCUTANE MAY CAUSE SOME LESS COMMON, BUT MORE SERIOUS SIDE EFFECTS" and that patients … would be applied to statute-of- limitations issues as they ultimately were analyzed in Cornett. The "law of the case" …
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… one); first-degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3) (count two); … across a photograph of a man that caused defendant to become angry. B.M. never regained possession of the cell phone … and judgments and not from . . . reasons given for the ultimate conclusion"). Moreover, during the trial the State …
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… with his fingers. Defendant would stop if he heard someone come to the door. Ann said "it hurted" when she tried to go … Raised Below). POINT IV THE DEFENDANT WAS DENIED HIS DUE-PROCESS RIGHT TO PRESENT HIS DEFENSE WHEN HIS TESTIMONY WAS … of the court's contempt power, his direct testimony would ultimately have been legitimately stricken. The argument …
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… law, we are convinced that the cumulative effect of errors committed during the trial had the probable effect of … EFFECT OF THE TRIAL ERRORS DEPRIVED DEFENDANT OF DUE PROCESS AND A FAIR TRIAL AND WARRANTS REVERSAL OF HIS … is fully able to sort out . . . [or] express a view on the ultimate question of guilt or innocence." State v. McLean, …
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… at Hudson City spanned thirty-six years, beginning in 1975. Commencing in 1981, she reported to Michael Lee, then a … however, Hudson City did not have a formal policy or process for promotions. Generally, an employee would receive … to a position in human resources, micromanaging her, and ultimately terminating her employment. The record amply …
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… I. On June 23, 2008, plaintiffs filed a verified complaint and order to show cause (OTSC) in the Probate Part … February 6, 2008.1 She executed Wills in 1996 and 2007. The complaint alleges that in September 2007, decedent had … seeking to summarily dismiss the seventh count. The jury ultimately found a joint enterprise existed between …
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… alleged that on September 21, 2016, a number of people complained about a man riding an all-terrain vehicle (ATV) … Cumulative Effect of the Errors Deprived Defendant of Due Process and a Fair Trial and Warrants Reversal POINT II – A … and were relevant since they would address "why the police ultimately responded . . . to the address[.]" "There is …
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… The Division did not serve defendant with a copy of its complaint or contact him concerning an October 30, 2017 … the Division was required to restart the home assessment process. Verna subsequently "expressed that she was no … (2013)). "Permanent termination of parental rights is the ultimate intrusion on th[is] right . . . ." A.L., 213 N.J. …
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… as well as flood hazard areas. The Toms River Chemical Company developed 320 acres of the property for the … included a reexamination of the master plan, but that the process did not result in any change allowing for … that effect was unlikely. Indeed, the zoning ordinance was ultimately amended to remove high-density housing, and the …
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… (LAD), N.J.S.A. 10:5-1 to -42. Additionally, Falco asserted common law claims of breach of contract, breach of implied … layoffs. The State approved the layoff plan in August 2010. Ultimately, there were no layoffs but there were twelve … First Amendment retaliation and Fourteenth Amendment due process violations. Falco v. Zimmer, 767 F. App'x 288, 295 …
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… elements using colored pencils. Because several students complained they did not understand Loreno's assignment, … specific, clear, aligned to curriculum, and contains high process skills." At trial, plaintiff testified these were … from defendant terminating her employment. The decision was ultimately made by Haggerty, on advice from Frederique and …
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… Jersey, Law Division, Camden County, Docket No. L-0350-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. … for a disabled employee requires an "interactive process" in which "both [the] employer and employee bear … Significantly, this "burden merges with the plaintiff's ultimate burden of persuading the court that she or he was …
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… counts that were charged in an indictment alleging that he committed various acts of sexual assault and related crimes … against her children. Her plea was made without any recommendation by the prosecutor and she was sentenced to … was not similar in this regard to impermissible expert "ultimate-issue testimony [that] usurp[s] the jury's singular …
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… and Corrupt Organizations Act, 18 U.S.C.A. §§ 1961 to 1968, commonly known as the RICO Act or RICO. State v. Ball [Ball … as well. According to Mulholland's testimony, defendant ultimately recruited Francis Mulholland (Frank)—no relation … roles, the level of planning, the decision-making process, the coordinated implementation of decisions, the …
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… that he repaid a $200,000 debt he owed to the school. The process included the issuance of two cashier's checks out of … making small short-term loans to citizens in the Lakewood community. The director of GZYD, Jonathan Rubin, testified … the $200,000 was not public money. Given that count three ultimately specifically referred to donated funds in …
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… general manager called the ploy "unfortunately . . . very common." At 1:54 a.m., Bridgewater Township Patrol Sergeant … JURY CHARGE(S)/ INSTRUCTIONS DEPRIVED APPELLANT DUE PROCESS AND A FAIR TRIAL [U.S. CONST. AMENDS. VI, XIV; N.J. … there is a substantial likelihood the errors impacted the ultimate outcome of the case. The trial court granted the …
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… IV CONDUCT BY THE PROSECUTOR IN QUESTIONING WITNESSES AND COMMENTS HE MADE DURING SUMMATION WERE GROSSLY PREJUDICIAL … FOURTEENTH AMENDMENT RIGHTS TO HAVE A FAIR TRIAL AND DUE PROCESS BY ALLOWING THE STATE TO VIOLATE CONDITIONS OF THE … to try to fit the evidence that you saw two weeks ago. And, ultimately, the pieces that they submit through their …