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… to plain error. The Court also examines whether the State committed reversible error by commenting, during summation, … having a tendency in reason to prove or disprove any fact of consequence to the determination of the action. … when I have some trust in you.” This is not a stupid man, ladies and gentlemen. . . . . He can’t deny it, ladies and …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ____________________________________ … the reasons stated below the court grants Hazlet’s motion. FACTS The facts for purposes of the motion in limine are … both benefits and responsibilities. Municipal governing bodies should recognize the right of an assessor to be …
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… S. Hoffmann. Defendants cross-appeal. We affirm. I. The facts and procedural history of this matter are lengthy. … to 1997, N&A was known as Nightingale & Associates, Inc., a company founded in 1975 as a turnaround management … 1380 (Del. 1993), Delaware courts had refused to apply remedies for alleged oppression; and plaintiff had not …
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… Plaintiff-Respondent, v. TERRANCE L. JOHNSON, a/k/a MALCOM PIERCE, Defendant-Appellant. ________________________ … the vehicle was lawful. We begin by recounting the relevant facts elicited at the suppression hearing and the motion … sister's car. [Defense counsel]: Since we're talking about facts let's just stick to what was in the incident report. …
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… care of K.H., N.J.S.A. 2C:24-4(a)(1). Finding aggravating factors one, two, three, four, and nine, N.J.S.A. 2C:44- … and (9), substantially outweighed mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the trial court … by the Undue Prejudice of a Joint Trial. B. The Trial Court Committed Plain Error by Failing to Provide a Limiting …
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… Treatment Fund (SCVTF), N.J.S.A. 2C:14-10(a). We recite the facts from the fresh complaint evidentiary hearing and the trial testimony. G.V. … the kissing reference during opening argument: So, ladies and gentlemen[,] if you see the [c]ourt stop counsel at …
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… J. Howard, of counsel and on the briefs). Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for the … contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … offering Reid's statements to "prove that the shooter in fact didn't have dreadlocks" but rather to demonstrate that …
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… to -4.14, and its application to a defendant employer's commission structure. The trial court ruled the plaintiff … claims. I. As a prelude to our discussion of the salient facts and allegations, we provide the following brief … statutory framework in mind, we summarize the pertinent factual background from the record. We do so with the caveat …
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… and BRAD INGERMAN and MBI DEVELOPMENT COMPANY, INC., Defendants. ____________________________ … by a written opinion. This appeal followed. I. The relevant facts are set forth in our prior opinion. Schwartz, slip. … "part of the development team to build [the] project." In fact, he projected the total development costs of the …
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… the police confiscated his phone. Initially, the PCPO's computer services unit was unable to bypass the phone's … EXCESSIVE AFTER BALANCING [THE] AGGRAVATING AND MITIGATING FACTORS (Partially Raised Below). [A]. IT WAS NEVER … COURT FAILED TO PROPERLY BALANCE AGGRAVATING AND MITIGATING FACTORS WHICH [RESULTED IN] AN OVERLY EXCESSIVE SENTENCE …
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… 4 A-0060-14T2 POINT V BECAUSE THE OFFICERS FAILED TO COMPLY WITH THE RECORDING REQUIREMENT OF STATE v. DELGADO, … and applicable law, we affirm. I. We recount the pertinent facts from the trial record. In the early morning hours of … 647 (quoting State v. Macon, 57 N.J. 325, 336 (1971)). In fact, "[e]ven in the context of a constitutional error, a …
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… CREDIBILITY IN BOTH TRIALS. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT ADMITTED EVIDENCE, … IS REQUIRED BECAUSE THE COURT ERRONEOUSLY FOUND AGGRAVATING FACTOR ONE, RESTRAINED FREDERICK'S ALLOCUTION, DID NOT … IS REQUIRED BECAUSE THE COURT IMPROPERLY FOUND AGGRAVATING FACTOR ONE, DID NOT AFFORD A FULL OPPORTUNITY TO ALLOCUTE, …
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… after the East Orange Police Department (EOPD) issued complaint-warrants; seven years after the alleged victim, … reverse and remand in part. I. We summarize the pertinent facts from the limited record before us. On the evening of … and evidence, assert an alibi, and even conduct basic fact investigation." He contends the locations where the …
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… of State v. Ricky Zuber (A-2677-18), and State v. James Comer (A-1230-18) decided today, raises Eighth Amendment … in Zuber required sentencing judges to consider the five factors set forth in Miller that distinguish juvenile … in Zuber and for application of the constitutional Miller factors. At that resentencing hearing in November 2017, the …
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… further proceedings and retrial. We discern the following facts from the evidence presented at the joint trial of … gas, Charles pointed a BB gun at him while Herbert stole computer equipment. The trio then fled the scene. Hillside … that the firearm at issue was "originally designed or manufactured to fire or eject any solid projectile [or] ball[.]" …
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… In 2010, defendant was charged with child endangerment and completed a pre-trial intervention program. The charge … $400,000 in combined salary. The judge then considered the factors set forth in N.J.S.A. 2A:34-23(a) and noted that … equitable award in favor of defendant. Equitable remedies are distinguished for their flexibility, unlimited …
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… found guilty of murder, N.J.S.A. 2C:11-3(a); conspiracy to commit murder, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:11-3(a); … of review is well established. We review the trial court's factual findings from the suppression hearing on defendant's … 37, 48 (2012). Our appellate function, as it relates to the facts, is simply to consider "whether the findings made …
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… from the January 14, 2021 Law Division order dismissing its complaint with prejudice and affirming defendant Raritan … For the following reasons, we affirm. I. The following facts are derived from the record. Plaintiff was the … despite the deviation." He based his opinion on the fact that "there is no disturbance proposed on the physical …
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… a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … of the sender, to the extent it is based solely upon the fact of his being the sender, terminates once delivery of … by another person). In State v. Patino, presented with factual circumstances very similar to ours, the Rhode Island …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … denied, 23 N.J. 579 (1957). Because of that material factual distinction, the panel was required to define … conduct that resulted in his or her discharge had the ingredients of willfulness, deliberateness and intention." Ibid. …