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njcourts.gov
… the driver of a vehicle, 10 A-1865-19 or its occupants, is committing a motor-vehicle violation or a criminal or … the person's liberty has been restricted." State v. Bacome, 228 N.J. 94, 104 (2017) (citing State v. Smith, 134 … removal from a car stopped for a motor-vehicle violation. Bacome, 228 N.J. at 105. Under New Jersey's Constitution, …
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njcourts.gov
… August 9, 2018 amended order dismissing the first amended complaint with prejudice, and a January 25, 2019 order … for variances to renovate the Tavern for residential and commercial purposes that are unrelated to the present … related to hours of outdoor use, noise levels, and required communication with local police for gatherings of fifty or …
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njcourts.gov
… empty. He then began to search the center console, glove compartment, and back seat. Not finding anything of … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID … See State v. Witt, 223 N.J. 409, 419 (2015) (holding "the points of divergence developed in proceedings before a trial …
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njcourts.gov
… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … to Instruct the Grand Jury to Consider Only a Theory of Accomplice Liability. B. The State Provided No Evidence to the …
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njcourts.gov
… term (FET). On appeal, McBrearty raises the following points for our consideration: POINT I THE STATE PAROLE BOARD … "a substantial likelihood existed that [McBrearty] would commit a new crime if released on parole at this time" and a … of [the] offense(s)"; the fact that McBrearty was committed to incarceration for multiple offenses; …
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njcourts.gov
… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … to Instruct the Grand Jury to Consider Only a Theory of Accomplice Liability. B. The State Provided No Evidence to the …
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njcourts.gov
… they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … attitude in open court." A. Opening Statement Defendant points to trial counsel's failure to provide an opening … During closing arguments, trial counsel said: I go first? Ladies and gentlemen, members of the jury, the evidence …
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njcourts.gov
… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … when defendant was admitted to the emergency room, he was complaining of chest pain and anxiety. Patrolman Scott … 39:3-60. II On appeal, defendant asserts the following points for our consideration:4 POINT I: THE SUPERIOR COURT, …
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njcourts.gov
… to allow his claim that the State's plea offer was not communicated to him. In June 2017, a new PCR judge heard … agreement and, if so, whether counsel had failed to communicate that plea of fer to defendant. In November 2017, … 2018, the PCR court denied defendant's petition in a comprehensive oral opinion and written order. II. Defendant …
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njcourts.gov
… v. NEW JERSEY MANUFACTURERS RE-INSURANCE COMPANY, Defendant-Appellant. ____________________________ … Re-Insurance Company (NJMRe), appeals, raising numerous points of evidentiary error. We reject all but one. We agree … a responsive opinion. We briefly discuss NJMRe's remaining points on appeal, none of which are persuasive. NJMRe …
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njcourts.gov
… following issues on appeal: POINT I: THE STATE'S FAILURE TO COMPLY WITH [RULE] 3:13-3(b) REGARDING PRODUCING TRANSCRIPTS … ARREST SHOULD HAVE BEEN GRANTED. POINT III: CERTAIN COMMENTS MADE BY THE PROSECUTOR DURING HIS SUMMATION [WERE] … he crashed the vehicle, then ran and threw away his gray hoodie while running. 6 A-2057-17T2 Peace also gave a …
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njcourts.gov
… to the Division's Enrollment Bureau questioning Newark's compliance with the pension statutes regarding the … a year later, on May 29, 2015, NFU filed a Superior Court complaint against Newark and the Division. The complaint … THE LEGISLATIVE ENACTMENT AND FRUSTRATES THE POLICY EMBODIED IN THE STATUTE. POINT III THE BOARD OF TRUSTEES OF THE …
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njcourts.gov
… a new trial and a lesser sentence. He argues the following points: POINT I THE COURT'S FAILURE TO PROVIDE A COMPLETE IDENTIFICATION INSTRUCTION DENIED DEFENDANT HIS … The jury rejected this defense. II. Defendant argues two points in an attempt to have the jury's verdict overturned. …
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njcourts.gov
… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … award. On appeal, defendant raises the following points for our consideration: POINT I THE PROCEDURAL AND … rights. B. The [a]rbitration [a]greement does not comply with mandatory provisions of R[ule] 5:1-5. C. There …
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njcourts.gov
… entered following a fact finding hearing concluding they committed abuse or neglect of their children F.E.C. (Flynn) … to the parties' residence regarding a domestic violence complaint. When they arrived, Songui observed a man inside … Risk Of Substantial Harm. In A-4904-17, Floyd the following points: POINT I - THE DETERMINATION THAT [FLOYD] VIOLATED …
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njcourts.gov
… address, phone number and social security number; defendant complied. The officer also asked defendant "if she knew … her. He did not limit her movement; in fact, defendant felt comfortable enough to get up from the bench. The officer did … It is of no moment that the officer left defendant in the company of another officer when he left to speak to the …
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njcourts.gov
… charge. However, in defendant's pre-sentence report (PSR) completed on or around May 10, 2013, defendant stated, "I … which was entered with regard to an eluding charge. He points to after acquired information, specifically a memo … defendant asserts a colorable claim of [i]nnocence. He points to the [Timek] deposition and memo. However, …
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njcourts.gov
… by yelling "No, fuck you." All of them ignored his command.2 Devlin remained outside the residence and waited … of the home. A limited credentials search was an expedient, safe, and unobtrusive option under the circumstances. … at 450. It also held that an officer's "convenience and expediency" does not invalidate the officer's requirement to …
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njcourts.gov
… participation would have 6 A-0525-20 affected the outcome. In fact, defendant did not even identify sidebars of … Now on appeal, defendant raises the following three points: POINT I THE PCR COURT ERRED IN DENYING [DEFENDANT'S] … to refute the expert testimony. 14 A-0525-20 Defendant also points to a perceived inconsistency in I.C.'s testimony— …
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njcourts.gov
… murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), second-degree … or tan, stopped at an intersection in front of an apartment complex. Police eventually identified the car, captured on … for copies of Forbes's statement. "An essential ingredient of a fair trial is that a jury receive adequate and …