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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … & Rehabilitation Center in Bergen County on March 23, 2020, coming under the care of defendant Birinder Kaur, M.D. less … (LaVecchia, J., dissenting) (noting "[t]he Legislature is free to expand, modify, or abrogate common law as it may …
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… Argued March 4, 2024 – Decided June 25, 2024 Before Judges Gilson, Berdote Byrne, and Bishop- Thompson. On … neck and attempted to choke him. He attempted to break free by wedging his left fingers between his neck and the … POINT I THE DEFECTIVE VERDICT SHEET AND THE COURT'S INCOMPLETE INSTRUCTIONS PRECLUDED THE JURY FROM CONVICTING [] …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants' Rule 4:6-2(e) motions to dismiss the Borough's complaint with prejudice. The trial court subsequently … litigation is filed for the main purpose of stifling free speech rights by imposing "the expense and burden of …
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… Argued April 24, 2024 – Decided May 16, 2024 Before Judges Currier, Susswein and Vanek. On appeal from the … supervision, Iqbal arranged through telephonic and text communications to purchase cocaine from "Kevin D." The … jail credit was improperly awarded. On remand, defendant is free, of course, to urge the sentencing judge to impose a …
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… Argued March 20, 2023 – Decided April 11, 2024 Before Judges Haas and Gooden Brown. On appeal from the … 1'S THREATS; (C) VOIR DIRE THE REMAINING JURORS ABOUT THEIR COMMUNICATIONS WITH JUROR NO. 10; AND (D) VOIR DIRE A … the case based solely on the evidence presented at trial, free from the taint of outside influences and extraneous …
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… Argued May 22, 2023 – Decided April 2, 2024 Before Judges Haas and Gooden Brown. On appeal from the … motion to bar Sheehan's identification testimony. In an accompanying written opinion, the judge began by recounting … "usurped the jury's role." Ibid. Indeed, "the jury was free to discredit" Sheehan's testimony and find that the …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the county prosecutor's office is inherently a "necessary component of their jobs as police officers," active-duty … 39, 61 (1983)). A defendant is "entitled to a jury that is free of outside influences and [that] will decide the case …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the county prosecutor's office is inherently a "necessary component of their jobs as police officers," active-duty … 39, 61 (1983)). A defendant is "entitled to a jury that is free of outside influences and [that] will decide the case …
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… Submitted January 30, 2024 – Decided March 22, 2024 Before Judges Enright and Paganelli. On appeal from the … care unit for approximately four weeks and was in a coma for three of those weeks. CAT scans showed he suffered … . lock on [defendant]," Choi started punching Park's arm to free defendant. On cross-examination, Choi admitted he threw …
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… Submitted October 24, 2023 – Decided March 14, 2024 Before Judges Sumners, Rose and Perez Friscia. On appeal from … VI THE COURT ERRED WHEN IT RULED ADMISSIBLE INCULPATORY COMMENTS MADE BY . . . DEFENDANT IN RESPONSE TO THE … and as with all testimony adduced at trial, the jury was free to accept or reject Rodriguez's brief exchange with the …
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… Argued February 26, 2024 – Decided March 15, 2024 Before Judges Sabatino, Marczyk, and Chase. On appeal from the … Trooper Lambert instructed defendant to turn around to complete another test, and when he did, Trooper Lambert … of prior infractions; whether the defendant was infraction-free for a substantial period before the most recent …
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… Argued January 9, 2024 – Decided March 19, 2024 Before Judges Sumners and Perez Friscia. On appeal from the … MERCK MANUAL (Oct. 2023), https://www.merckmanuals.com/professional/psychiatric-disorders/mood- … to compel him to speak where he would not otherwise do so freely." Miranda, 384 U.S. at 467. Incriminating statements …
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… Argued March 6, 2024 – Decided March 21, 2024 Before Judges Firko and Vanek. On appeal from the Superior … plaintiff's experts to testify about her subjective complaints of fear; in permitting plaintiff to read the … judge gave the adverse inference charge, but the jury was free "to accept or reject the inference." Davis, 424 N.J. …
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… Argued January 31, 2024 – Decided February 22, 2024 Before Judges Firko, Susswein, and Vanek. On appeal from the … lacked the requisite expertise 2 Pursuant to New Jersey's comparative negligence statute, as set forth in N.J.S.A. … accident, making it "the elephant in the room with the jury free to speculate in any direction to the unfair detriment …
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… Argued January 9, 2024 – Decided February 22, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … surveillance in an unmarked vehicle at the apartment complex at 55 Reservoir Avenue. Miller had "received … for his guilty plea, the judge found he entered the plea "freely and voluntarily," "understanding the nature and …
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… v. VOLVO CAR USA LLC, A DELAWARE LIMITED LIABILITY COMPANY, Defendant-Respondent. _______________________ … Argued December 5, 2023 – Decided February 15, 2024 Before Judges Whipple, Mayer and Paganelli. On appeal from the … that you have executed this LOI voluntarily and of you own free will. You further represent that, prior to the …
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… Argued October 2, 2023 – Decided December 15, 2023 Before Judges DeAlmeida, Berdote Byrne, and Bishop- Thompson. … COURT ABUSED ITS DISCRETION WHEN IT ADMITTED, AS "FRESH COMPLAINT," EVIDENCE OF A.S.'S VAGUE ALLEGATIONS TO HER … was 12 A-1206-19 admissible because the jury remained "free to discredit" the witnesses' testimony that defendant …
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… Argued October 21, 2024 – Decided March 6, 2025 Before Judges Gummer, Berdote Byrne, and Jacobs. On appeal … contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … of his right to silence and twice conditioned his freedom on him cooperating. As a result of those …
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… RUVOLDT PLLC, Plaintiff-Appellant, v. SENTINEL INSURANCE COMPANY, LIMITED, THE HARTFORD FINANCIAL SERVICES GROUP, and OWENS GROUP LIMITED, … define the applicable coverage conditions. The parties are free to make such arguments and appropriate motions to the …
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… Argued October 26, 2022 – Decided August 4, 2023 Before Judges Accurso, Vernoia, and Firko. On appeal from the … 144 First Holdings LLC to construct a new mixed-use commercial and residential building on a vacant lot located … City's land development ordinance. Because the Board was free to accept the testimony of the architect and the …