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… that the new evidence must have been discovered after completion of trial and must not have been discoverable … through the exercise of reasonable diligence." State v. Ways, 180 N.J. 171, 192 (2004) (citing Carter, 85 N.J. at … statements constitute "new" evidence to satisfy the requisite criteria. The State offered the testimony of Clyburn …
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… ORDER THIS MATTER having been brought before the Court by way of Motion to Dismiss filed by Ballard Spahr LLP, … court “must accept as true all factual assertions in the complaint” and accord the non-movant every reasonable … Legislature intended something other than that expressed by way of the plain language.” O’Connell v. State, 171 N.J. …
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… and had no alcohol in his blood. The officer and his tour commander then decided to call in a drug recognition expert … that the accident "occurred on a typically busy state highway," all "indicate[d] an objective exigency . . . ." Id. at … knowing which substance was intoxicating defendant, had no way to estimate the dissipation rate. Therefore, the …
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… DIVISION DOCKET NO. A-0819-16T3 IN THE MATTER OF THE CIVIL COMMITMENT OF R.M., SVP-143-00. … . . . . And . . . he has no expertise on his side to in any way refute . . . the uncontroverted opinion of Dr. Gilman … not spontaneously remit and could only be mitigated by way of treatment. The judge found Dr. Gilman's and Dudek's …
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… sexual contact. In return, the prosecutor agreed to recommend the court sentence defendant to a term of … if defendant wishes to assert them he should do so by way of a petition for post[-]conviction relief. The judge … PCR matters be considered by virtue of PCR as opposed to by way of appeal[.]" The State relied on its brief. On July 17, …
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… she was injured, and that defense counsel made an improper comment during summation. After a review of these … this . . . witness on the video. . . . I'm fine with the way the video came in at this point. So, I don't need any … on the video." He continued, stating he was "fine with the way the video came in." We are satisfied there was no abuse …
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… during the pendency of this appeal. 3 A-1547-17T4 and the way it was bundled and not satisfied with defendant's … Witt, 223 N.J. 409, 450 (2015). Judge Polansky cogently and comprehensively addressed the evidence in the record … fact that the breakup of the money that was found and the way it was packaged and the significant amount of money …
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… N.J.S.A. 45:19A-4(c), Buggé's March 11, 1999 conviction by way of a guilty plea for a general violation of civil … well as his work history in law enforcement, and numerous commendations. Buggé's work history included working for the … Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway St. Prison, 81 N.J. 571, 579 (1980)). "[W]e do not …
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… failure to deter criminal behavior despite juvenile community supervision; technical violations during prior … The panel concluded that Battle "continues to act in a way consistent with his criminal thinking in a way that puts all around him in danger." Additionally, the …
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… Defendant entered a conditional plea to acts, which, if committed by an adult, would constitute third-degree … many hundreds of times he had encountered heroin in this way. Officer Congleton testified that D.H. was cooperative … And he testified, and I find he did it in a methodical way, looking for a weapon because the police officers knew …
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… practitioner who concluded she was unable to work, and recommended that Zippin apply for short term disability (which … because of illness, and then her employer terminated her by way of the letter quoted above. We are unpersuaded. … impression. Zippin apparently did just that, when she visited her workplace after receiving the letter. Second, as …
njcourts.gov
… from the grant of summary judgment dismissing her civil complaint for negligence against Atlantic County. She also … our review of the record that the County did not act in a way that is beyond ordinary negligence or in a way that could reasonably be described as a manner in which …
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… Plaintiff-Respondent, v. KB ELECTRIC SERVICES COMPANY, INC., and THE HARTFORD INSURANCE COMPANY, … roof from inside the library. Plaintiff found an alternate way to reach the roof, and while there, leaned on a … had tossed to him. Plaintiff fell when the balustrade gave way. It is undisputed that a dangerous condition existed. …
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… born in 2005 and the other in 2008. The parties divorced by way of a judgment of divorce on March 30, 2016. Pursuant to … his "case worker instructed [him] to file a motion 1 The website address on the document indicates the document is from … are 'so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
njcourts.gov
… traffic control devices, failing to yield the right of way, or following another vehicle too closely. The third … conduct statute, however, the Model Criminal Jury Charge Committee does not believe that 2C:12-1c(1) is a lesser … Degree) (N.J.S.A. 2C:12-1c(4)) Page 2 of 3 the right of way, or following another vehicle too closely.3 The third …
njcourts.gov
… under-rang merchandise offered for sale by (name of commercial establishment); 2. That (name of commercial … a person acts purposely if he/she means to act in a certain way or to cause a certain result. A person acts purposely … a person acts purposely if he/she means to act in a certain way or to cause a 1 N.J.S.A. 2C:20-11(a)(3). 2 N.J.S.A. …
njcourts.gov
… this charge is based reads in pertinent part: … A person commits an offense if he purposely and unlawfully destroys, … a person acts purposely if he/she means to act in a certain way or to cause a certain result. A person acts purposely … a person acts purposely if he/she means to act in a certain way or to cause a certain result. A person acts purposely …
njcourts.gov
… By reasonably foreseeable manner, it is meant that the way in which the plaintiff used the product could have been … 505 (D.N.J. 1973). Thus, if the defect which, singly or in combination, caused the injury existed before, as well as … By reasonably foreseeable manner, it is meant that the way in which the plaintiff used the product could have been …
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njcourts.gov
… born in 2005 and the other in 2008. The parties divorced by way of a judgment of divorce on March 30, 2016. Pursuant to … his "case worker instructed [him] to file a motion 1 The website address on the document indicates the document is from … are 'so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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njcourts.gov
… practitioner who concluded she was unable to work, and recommended that Zippin apply for short term disability (which … because of illness, and then her employer terminated her by way of the letter quoted above. We are unpersuaded. … impression. Zippin apparently did just that, when she visited her workplace after receiving the letter. Second, as …