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… be-on-the-lookout (BOLO) description of the person who had committed a robbery in the vicinity just minutes earlier. … under Segars. When, as in this case, the evidence supports such an inference, a burden of production shifts to … for the dispatcher's assumption that a Black man committed the robbery constitutes a failure to rebut the …
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… Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ACLU requested CPANJ to … against the State's interest in preventing disclosure. Kiddie v. Rutgers State Univ., 148 N.J. 36, 50 (1997). See also … leave to appear as amicus curiae. ACLU raises the following points for our consideration: POINT I [CPANJ] IS A PUBLIC …
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… loaded with eight rounds. The State charged defendant in a complaint-warrant with second-degree unlawful possession of … of a defaced firearm. The affidavit of probable cause in support of the complaint generally tracks the language of … violates the CJRA and his right to due process. Defendant points to several parts of the statute in support of his …
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… Major arrived on the scene as backup. Officer Major was accompanied by a narcotics canine. Upon Officer Major’s … sniff does not prolong the stop beyond the time required to complete the stop’s mission. 1. The Fourth Amendment to the … stop and, if so, whether independent reasonable suspicion supported that delay. I. A. The following facts derive from …
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… the disorderly persons offense of criminal mischief. The complaint-warrant specified that Montalvo was charged with … self[-]defense, is limited only to cases of spontaneous and compelling danger.” Minutes later, the jury found Montalvo … and the machete’s status as an uncommon item sufficiently supported the jury’s verdict. The panel concluded that the …
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… of her home. Detective John Steet of the State Police accompanied him. The detectives arrived at Brown’s apartment, … November 20, 2008, precedent was not sufficiently clear to support a conclusion that Detective Steet violated clearly … the defense of qualified immunity was discussed at various points during the proceedings, the issue was not fully …
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… of third-degree theft by deception, third-degree theft by computer, third- degree wrongful impersonation, third-degree … them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … that defendant performed a governmental function, the State points to the comparable legislative benefits, privileges, …
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… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her to assert an insanity defense, based on the … the insanity defense notwithstanding evidence that could support the defense, the court should undertake a detailed …
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… sufficiently pled a class action against defendants for noncompliance with the Fair and Accurate Credit Transactions Act of 2003 (FACTA) such that their complaint should have survived a motion to dismiss under … Rule 4:32-1(a)’s numerosity requirement. That estimate is supported by the class period pled, which spanned two years …
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… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … ,’” (quoting N.J.S.A. 30:4-123.90(e)). The Board also points to SOMA’s language about deterrence and … high recidivism rates and, according to some studies, are four to five times more likely to commit a new sex …
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… Defendant told his uncle that he knew where his parents’ bodies were buried and that one other person was involved. … His other convictions are affirmed because they are supported by evidence independent of the suppressed … ambiguous, officers are required to stop the interrogation completely, or to ask only questions narrowly directed to …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among … had already found. The court noted that Jacobsen could not support such a warrantless search: “[t]he decision . . . was …
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… and Maryann James v. New Jersey Manufacturers Insurance Company (A-26-12) (071344) Argued October 7, 2013 -- Decided … prohibits the use of step-down provisions in an employer’s commercial motor vehicle liability policy to provide less … for injuries sustained in the July 5, 2007, accident. In support of his claim, James primarily relied upon N.J.S.A. …
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… exculpatory and corroborative evidence that would have supported the defense; (2) obtain and introduce into … (pp. 14-16) 3. Here, defendant’s petition was not accompanied by an affidavit or certification setting forth the … Further, although defendant’s simple verification does not comply with the Court Rules, the Court accepts the statement …
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… v. Reginald Roach (A-129-11) (068874) [NOTE: This is a companion case to State v. Julie L. Michaels, also filed … North Carolina, Tennessee, Texas, and Wisconsin to support its claim that the majority of jurisdictions have … violated defendant’s confrontation rights. The State points out that the Court in Melendez-Diaz, supra, expressly …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS JOSEPH BEZZONE, JR., et al., SUPERIOR … for defendants. I. BACKGROUND INFORMATION This matter comes before the Court by application of Paul H. … that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual …
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… Longo claimed her termination was in retaliation for her complaints about fellow-salesman, Marc Kercheval, whose … customer as a means of obtaining lucrative business for the company. Longo complained orally and by e-mails sent on … party was found to have presented sufficient evidence to support a damages award, such as Totaro, supra, 191 N.J. at …
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… He alleged his demotion was in retaliation for certain complaints he had voiced about practices he had observed at … Individuals serving in those positions would provide support in their particular areas for several different UPS … that he did not consider such conduct "fraudulent." It also points to the more than a year that separated plaintiff's …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … not required to state all possible grounds and theories to support he assessment, and should not be precluded from … of accepting rejected produce. The Director cogently points out however that no State action applies to require …
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… drivers to dim their high beams only when approaching an oncoming vehicle within 500 feet. The Court granted the … because it is not fully consonant with the interests embodied in Article I, Paragraph 7 of the State Constitution. … time because the issue was of no moment. Generally, “the points of divergence developed in proceedings before a trial …