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… FOR OFFENSES WHICH THE JURY DID NOT CONVICT HIM OF COMMITTING. B. THE SENTENCING COURT ASCRIBED UNDUE WEIGHT TO … be a witness against himself.'" State v. P.Z., 152 N.J. 86, 100 (1997) (quoting U.S. Const. amend. V); see also State v. … defendant was not acquitted; the jury hung. Defendant refutes application of this principle, citing State v. …
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… Public Defender, attorney for appellant (Theresa Yvette Kyles, Assistant Deputy Public Defender, of counsel and on the … The judge also found that the search was valid under the community caretaking doctrine. She determined that the … 387, 401 (1978)); see also State v. Rose, 357 N.J. Super. 100, 103 (App. Div.), certif. denied, 176 N.J. 429 (2003); …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 14-10-1112. Joseph E. Krakora, … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and … in separate, unrelated episodes." State v. Yarbough, 100 N.J. 627, 644 (1985), cert. denied, 475 U.S. 1014, 106 …
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… got something out of his Yukon and motioned for Merrill to come with him into the porch. There, [defendant] gave … that leads us to conclude defendant could provide the requisite factual basis for a guilty plea.2 Consequently, a trial …
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… The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … step in the course of conduct planned to culminate in the commission of the crime. . . . . The substantial step taken … court is the basis of an appeal, we will not reverse unless the appellant can show "plain error." R. 2:10-2. Plain …
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… The order also provided that defendant should provide $100,000 of life insurance with the children as beneficiaries … Rucker III, we reviewed plaintiff's December 2011 motion to compel defendant to pay college costs and medical expenses … . . . to repeated and ongoing violations of [c]ourt [r]ules and processes at the expense of the rights of the …
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… August 1, 2013, to provide proof of a written mortgage commitment in the amount of $150,000, in furtherance of her … of the record and in application of relevant principles of law, and conclude they lack sufficient merit to … accountings. In re Estate of Yablick, 218 N.J. Super. 91, 100 (App. Div. 1987). Neglia filed exceptions to the …
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… (DOC) upholding a hearing officer's finding that he committed prohibited acts *.306, conduct which disrupts or … tool prison officials use to maintain order and discourage future misconduct by a perpetrator." McDonald, 139 N.J. at … vague in all its applications." State v. Cameron, 100 N.J. 586, 594 (1985). However, when the law is …
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… 2010, defendant, who was then fifteen years old, and an accomplice, R.J., jumped into the car of a … drove to the Detective Bureau and reported two males sexually assaulted her. She was transported by ambulance … Preciose, 129 N.J. 451, 459-60 (1992). 2 State v. Yarbough, 100 N.J. 627 (1985). 5 A-3673-19 On January 4, 2019, …
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… the knife in connection with a late- night street robbery committed with five others — one brandishing a machete — of … sentences were consistent with State v. Yarbough, 100 N.J. 627 (1985), noting the judge relied principally on … twenty "are more like individuals in early and middle adolescence in their behavior, psychological functioning, and …
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… Moynihan and Mitterhoff. On appeal from the New Jersey Commissioner of Education, Docket No. 3-5/18A. Sanford R. … that any penalty is unnecessary because she's "learned her lesson" or inappropriate because of the lengthy passage of … Id. at 28. The Court's observations in Abbott v. Burke, 100 N.J. 269, 300-01 (1985), albeit made in addressing the …
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… Homel, on the brief). PER CURIAM By order to show cause and complaint in lieu of prerogative writs, plaintiffs Joel … own public participation or advocacy going forward in the future." In sum, the judge found the Board properly noticed … of this State.'" McGovern v. Rutgers, 211 N.J. 94, 99-100 (2012) (quoting N.J.S.A. 10:4-21). However, if the court …
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… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 16-02- 0280, and Accusation … and the sole count in 17-06-0576. The State agreed to recommend 100 months in prison with fifty months of parole …
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… entitlement to a farmland assessment when the prerequisites of actual agricultural use is maintained for a … 4 A-2561-18T3 of time and there is a sufficient average income from that use. Byram Twp. v. Western World, Inc., 111 …
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… (counts three, four and five); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … of third- degree possession of a handgun without the requisite permit, N.J.S.A. 2C:39- 5(b) (count eleven). The sole …
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… not excused by his alleged lack of knowledge about the outcome of his direct appeal. Moreover, she concluded that … than five years after entry of a judgment of conviction unless the delay "was due to defendant's excusable neglect and … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality …
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… 2014, claimant applied for and received unemployment compensation benefits, which she collected until June 2015. … . . . demonstrates she was not totally disabled," regardless of her intention or what she had been told about the … or legislative policy. Barry v. Arrow Pontiac, Inc., 100 N.J. 57, 71 (1985). Although acknowledging she performed …
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… had to have one-on-one supervision when he was out in the community and could not be left alone in a vehicle. … shoved it in his mouth, and began pacing and walking in circles before collapsing on the floor. V.E. then ran to get … to -15.12; see also Delguidice v. New Jersey Racing Comm'n, 100 N.J. 79, 84 (1985). Nonetheless, evidence rulings in …
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… Atlantic City (Bally's) summary judgment and dismissing his complaint. We affirm. Plaintiff was hired by Bally's as a … about the mini-baccarat scam would be protected. Nonetheless, to prevail on a retaliatory discharge claim under … of proof. Fleming v. Corr. Healthcare Sols., 164 N.J. 90, 100 (2000) (citation omitted). In a mixed-motives case, …
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… by a jury in March 2017 of the shooting death of Bruce Miles, Jr. and sentenced in May 2017. He is an inmate at South … of parole ineligibility, for second degree manslaughter committed in the heat of passion, N.J.S.A. 2C:11-4(b)(2), … 4 In In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100, 124 (App. Div. 2013), we observed that the waiver of a …