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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … its common elements, until annexed. Not discouraged, GS points to the boilerplate master deed provisions referencing Lot 9.05. While GS now points to these provisions, courts have long held it is …
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… sexual contact. The indictment charged that defendant committed sexual assault by perpetrating "an act or acts of … provided a person is guilty of sexual assault if the person commits an act of sexual penetration "us[ing] physical force … followed. III. On appeal, defendant raised the following points for our consideration. POINT I DEFENDANT’S CONVICTION …
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… seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, … instructed defendant to show his hands, he was slow to comply. The two officers quickly patted defendant down, … v. Holmgren, 282 N.J. Super. 212, 215 (App. Div. 1995), and points out that, here, defendant could easily have grabbed …
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… need to break it up. At one point, an alleged GSC associate complained to defendant about the gang discipline being … of another gang, the Latin Kings, called defendant to complain that someone had robbed one of that gang's female 5 … FOUR IN THIS CASE (SUBPOINT A Partially Raised Below; SUBPOINTS B AND C Not Raised Below). 1 190 N.J. 219 (2007). 9 …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … the charge was incorrect or confusing. The State further points out that the jury sheet listed only first-degree … that cannot be corrected.” The Attorney General further points out that defense counsel had multiple opportunities …
njcourts.gov
… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … the charge was incorrect or confusing. The State further points out that the jury sheet listed only first-degree … that cannot be corrected.” The Attorney General further points out that defense counsel had multiple opportunities …
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… reasonably safe vehicle, and awarded plaintiff substantial compensatory damages. Nissan 1 We use "Nissan" to refer … and agreed "that the facts, as currently known, reflect a complete defense by releasee Levito and All Around Fence to … The roof header and roof then collapsed into the passenger compartment. It struck plaintiff in the head, and caused …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Argued: Argument Waived Decided: May … governs default of the agreement. Specifically, Plaintiff points to Section 12.1.7 of the Lease which provides that a … the SED Lease Agreement.” (Pl. Opp. Br., 12). Plaintiff points to a presentation presented 15 to Virtua’s Board of …
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… reported that she had been held against her will and compelled by defendant to engage in prostitution on numerous … 2C:33-30, and N.J.S.A. 2C:2-6; first-degree advertising commercial sexual abuse of a minor, N.J.S.A. 2C:13-10(b)(1); … criminal matters. In making that argument, defendant points out that Barbara was the State's "central witness," …
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… findings, the court found the search of the bags "was . . . completely justified." The court further determined it was … UNDER N.J.R.E. 702, AND BY THE PROSECUTOR'S IMPROPER COMMENTS IN SUMMATION OPINING ON THE CREDIBILITY AND … B. The Prosecutor's Improper Summary of Metz's Testimony Compounded The Prejudice Of Its Admission By Relying on …
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… pertaining to his intellectual capacity and ability to comprehend his constitutional rights. The State argued in … that shows juveniles are not only more impulsive and compliant than adults but also tend to lack the cognitive skills to comprehend Miranda rights. He contends that in view of …
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… twenty-eight 3 A-0894-21 times. The evidence that Kiett committed the crime was overwhelming. [State v. Kiett, 121 N.J. 483, 485 (1990).] Kiett committed the crime while on juvenile probation for … This appeal followed. On appeal, Kiett raises the following points for our consideration: POINT I THE PAROLE …
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… victims' families and witnesses outweigh the Judiciary's commitment to transparency in this opinion, we use initials … saw defendant shoot a man on Haddon Avenue. Frank did not come forward to tell what he claimed he saw until July 2016, … renovation. While on his grandmother's porch, Frank heard a commotion about a block away. He saw a group of people …
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… arises from a string of grocery/convenience store robberies committed in early 2015 in Perth Amboy. It returns to us … was convicted of two counts of second-degree conspiracy to commit robbery and one count of second-degree attempted … black potential jurors. He further contends the trial court committed plain error by allowing a detective to describe …
njcourts.gov
… jury trial convictions for armed robbery, conspiracy to commit armed robbery, and aggravated assault.1 Defendant and … court, defendant was tried alone and only for the robbery committed on January 16, 2012—the charges against the … thereafter, was indicted with two counts of conspiracy to commit first-degree armed robbery, N.J.S.A. 2C:5-2 and …
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… he choked her, leaving bruises and injuries that compelled her to seek medical attention in a local hospital … followed. II. On appeal, defendant raises the following points for our consideration: POINT I THE PROSECUTION'S … 553, 613 (2004)). "[E]rroneous instructions on material points" are therefore presumed to be prejudicial. State v. …
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… famil[y]. Defendant[] demonstrated that [he] had not committed infractions in prison for many years, obtained … a convenience store clerk is shot incidental to juveniles committing a theft. . . . While [defendant] appeared more … thirty to twenty-nine years. Defendant raises the following points on appeal: POINT I. IN RE-SENTENCING DEFENDANT …
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… bar. While outside, Harvey received a call from Tanner to come and get Melara, who was highly intoxicated and causing … footage of the parking lot from a nearby apartment complex. This footage showed two men entering a black car … to view the body camera footage from Ben's Bar, the video compilation of surveillance cameras footage, and Harvey and …
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… to third-degree conspiracy to July 23, 2018 A-2058-15T3 2 commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … to a third grand jury. Of relevance to one of defendant's points on 1 The record does not include the transcript of … any parole bar. On appeal, defendant raises the following points for our consideration: POINT ONE THE INDICTMENT …
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… officer, was convicted of second-degree conspiracy to commit official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. … OF THE COURT TO CHARGE THE JURY AS TO THE REQUIREMENT TO COMPLY WITH AN OFFICER'S DIRECTION. (Not Raised Below). … stuck his head out the second floor window and stated, "Come and get me". A female, later identified as Ms. [T] …