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… to dismiss the remaining counts in the indictment and recommend the court sentence defendant to a term of three … the detectives asked him to step out of the car. He complied without incident. McCall ran a computer 3 See … an effect on traffic." We disagree. As the State correctly points out in its brief, this court made clear in State v. …
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… both orders and remand for entry of an order dismissing the complaint. I. The following facts are derived from the … in South Plainfield. Although the property is zoned for commercial use, a house situated on the parcel was a … board approved the parties' site plan application for a commercial development, subject to the condition that the …
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… 2017, defendant pled guilty to second-degree conspiracy to commit robbery1 in exchange for the State's agreement to … carefully reviewed defendant's PCR arguments and rendered a comprehensive decision on the record. We affirm … defendant's arguments at length. We add the following comments. The State argues that defendant's PCR claims are …
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… on his claim of jury taint based on an allegedly improper communication with a Sheriff's Officer. After an evidentiary … THE JURY TO THE ELEMENTS OF THE PREDICATE FELONY OF 1 To comport with our style conventions, we have altered the capitalization of defendant's subpoints A and B but have omitted these alterations for …
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… 2C:11-3(a)(3). In exchange for his guilty plea, the State recommended a prison term of thirty years with a thirty-year … is clear beyond a reasonable doubt.'" N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 591 (2020) (quoting State v. … not affected by N.J.S.A. 2C:43-7.2(a). Notably, in State v. Comer and State v. Zarate, 249 N.J. 359, 380-81 (2022), our …
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… a bench trial entering a no cause of action dismissing the complaint against defendant New NOT FOR PUBLICATION WITHOUT … a "Club Information Briefing" meeting with the staff. The accompanying presentation identified all staff members as … with prejudice. On appeal, plaintiff raises the following points for this court's consideration: [POINT I] THE TRIAL …
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… regulations promulgated pursuant to the United States Comprehensive Drug Abuse Prevention and Control Act of 1970, … v. Lee, 452 N.J. Super. 198 (App. Div. 2017) does not compel a different conclusion. In that case, an inmate filed … from Schedule I to Schedule IV in light of the New Jersey Compassionate Use Medical Marijuana Act. Id. at 200. The …
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… marriage, and potentially misrepresenting his A-1784-19 3 income and assets. Plaintiff also disclosed to Mr. Celli the … parties' financial arrangements, lifestyles, assets, and income. Specifically, plaintiff disclosed the parties' … access is outweighed by the interest in nondisclosure. Keddie v. Rutgers, 148 N.J. 36, 54 (1997). Here, the motion …
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… property for a resident. We affirm. Walsh is a civilly committed resident at the STU pursuant to the Sexually … The condition causes flatulence, which is frequently accompanied by an odor that is offensive to the olfactory … in Walsh's vicinity. Walsh is housed at the ADTC with other committed residents. Sandra Connolly, M.D., evaluated and …
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… member in another classroom requesting help with a non-compliant student. When Buday arrived in the classroom, she … and sporadic crying fits. She sought treatment for these complaints, and her treating psychiatrist 3 A-2692-20 … Buday testified about the assault and her residual complaints. At the end of the two-day trial, the ALJ …
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… damages "to the value of his property before the loss as compared to 1 Plaintiff appeals from: a November 30, 2021 … $2,146.36; a December 24, 2021 order denying his motion to compel discovery; a January 12, 2022 order granting in part … retained the vehicle.3 Plaintiff subsequently moved to compel discovery — more detailed responses to …
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… plaintiff provided her good credit and employment income while defendant provided money for the down payment and … that, as a result, she and plaintiff were tenants in common. The parties agreed that defendant and her husband, … or deed. On June 22, 2021, plaintiff filed a verified complaint and order to show cause for partition by sale of …
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… in an August 27, 2007 order, for reasons expressed in an accompanying letter opinion. Defendant appealed that order, … persistent offender: is a person who at the time of the commission of the crime is [twenty-one] years of age or … convicted on at least two separate occasions of two crimes, committed at different times, when he was at least …
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… parties prior to the beginning of jury selection. Defendant complained that his appointed attorney did not provide him … Defendant replied he was a high school graduate, had not studied the law, and had never observed a trial. He named some … defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of …
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… he/she was not responsible, or that it was of a kind which commonly occurs without negligence on the part of anyone and … directed verdict. 2 Restatement (Second) of Torts § 328 E, comment o, p. 166. �Brown v. Racquet Club of Bricktown, 95 … he/she was not responsible, or that it was of a kind which commonly occurs without negligence on the part of anyone and …
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… of misconduct against him. Because the case was not complex, the attorney stated that only a brief adjournment … the State agreed to begin the trial on May 24, 2016 to accommodate the prosecutor's need to attend a training … longer able to preside over the case because of other work commitments, and the matter was transferred to another judge …
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… this motion as well. III. Defendant raises the following points for our consideration: POINT I THE FIRST MOTION TO … an open air narcotics market about which numerous civilian complaints had been received. Although that factor alone … mitigating factors found by the trial judge were based upon competent and credible evidence, and the sentence does not …
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… The prosecutor then addressed defense counsel's complaints about the brevity of the reports, explaining: And … above standards, we discern no error in the prosecutor's comments warranting reversal of defendant's conviction. "A … 602, 605 (App. Div. 1993). Furthermore, a prosecutor's comments may be harmless if they are only a response to …
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… to advise him 2 Defendant's filing also included motions to compel discovery previously ordered in the first PCR …
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… in other cases is limited. R. 1:36-3. 2 A-4088-16T3 In this commercial mortgage foreclosure action, defendant Simon … Trust),1 and denying defendant's motion to dismiss the complaint. Defendant also appeals from the April 6, 2017 … argues the court erred by rejecting his contention that the complaint was filed beyond the six-year limitations period …