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… particularly concerned with def[endant] using his right to communicate with the child as a vehicle to communicate with … SAFETY. (Not raised below). 2 We have not listed the sub-points and sub-sub-points contained in defendant's brief. 6 A-4996-17T3 Having …
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… headlights on, inability to perform field sobriety tests, combativeness, swaying, and detecting an odor of alcohol on … the one-leg stand and walk-and-turn tests' reliability was compromised due to defendant's age, the fact that the …
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… violation of probation (VOP) for his alleged failure to comply with the conditions of probation imposed when he was … officer testified 3 A-4669-17T4 that defendant did not complete the intake process. When she started to "review the … he never returned. She left a phone message and she sent computer notices to him to report on two separate dates, but …
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… Craig Szemple appeals from the denial of his motion to compel the State to provide him "with copies of any and all … TRIAL COURT ERRED IN TREATING . . . DEFENDANT'S MOTION TO COMPEL DISCLOSURE OF EXCULPATORY EVIDENCE NECESSARY FOR … the motion judge erred in treating defendant's motion to compel discovery as a successive petition for …
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… gain entry and secure the premises. The PCR court issued a comprehensive well-reasoned oral decision on May 18, 2017. … 151 N.J. 41, 52 (1997) (citation omitted). "Absent compelling, extenuating circumstances, the burden to justify … satisfied he has not demonstrated excusable neglect to overcome the time bar under Rule 3:22-12. Defendant has also …
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… by the entireties. In 2014, however, when plaintiff filed a complaint for divorce, defendant moved to dismiss it on the … of the three ways according to Jewish law that a couple becomes married." Rabbi Gluck admitted that by performing a … its validity. On appeal, defendant raises the following points: POINT I: THE TRIAL COURT COMMITTED ERROR WHEN IT …
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… charge of second- degree aggravated assault based on accomplice liability, N.J.S.A. 2C:12-1(b)(1) and N.J.S.A. … mandated. N.J.S.A. 2C:43-6(a)(2)." For the sake of completeness, Judge Warshaw also considered whether … health issues placed him at higher risk to suffer medical complications should he contract COVID-19 and whether the …
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… Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … that defendant's request for a cigarette, which police complied with, and his claim that he was hungry and not … That statement, rather, was an exculpatory denial of complicity in the homicide, consistent with his claim that …
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… have been raised in direct appeals from the multiple civil commitment orders that have been entered against him … the merits of defendant's contentions, ruling that his commitment as a sexually violent predator does not violate … his scheduled release, the State filed a petition for civil commitment under the SVPA. In December 2010, after a …
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… SENIOR LIVING AT PENNSAUKEN, BENTLEY ALP, and KDG OPERATING COMPANY, LLC, Defendants-Respondents. … denied reconsideration,2 and this appeal ensued. 1 At other points in her deposition, the expert alluded to a … an "unwritten custom" of the industry). The critical ingredient 7 A-1639-19T1 is that the expert's opinion must be …
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… DIVISION DOCKET NO. A-0683-19 IN THE MATTER OF THE CIVIL COMMITMENT OF M.E.H., SVP-354-04. _______________________ … three expert witnesses, continuing his involuntary civil commitment to the Special Treatment Unit (STU), pursuant to … pointing to "documentation in [Dr. Lorah's] report as to studies showing the limited impact denial had in terms of risk …
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… guilty of contempt under N.J.S.A. 2C:29-9(b)(2). In its accompanying oral decision, the court found both I.G. and her … of shielding a victim who needs protection and who is compelled to seek judicial assistance to obtain that security; thus, we have insisted on full compliance with restraining orders no matter the flaws a …
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… defendant was indicted for second-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a and 2C:5-2 (count one); … defendant's arguments at length. We add the following comments. "Post-conviction relief is New Jersey's analogue …
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… on the property, and when he exited, he ignored police commands to stop and entered the woods. Defendant was later … to another; defendant's attempt to flee police; and his comments and conduct at the interview—it was not …
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… second-degree possession of a firearm while 6 A-2171-20 committing a CDS offense, N.J.S.A. 2C:39-4.1(b); and … to allege any claims beyond bald assertions that would overcome the presumption that his attorney's actions were trial … he could have provided credible information to alter the outcome of the case" and that defendant had "provided no …
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… Jimenez, Raul Augustin Jimenez, and Lirio Jimenez2 filed a complaint in the Law Division against defendant seeking … share the same surname. A-2495-16T1 3 Before a jury trial commenced, the parties settled their respective claims. They … attempted to levy upon moneys due from numerous companies with which defendant does business in New Jersey. …
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… proceedings triggering Sixth Amendment protections commence upon the return of an indictment. The State … are not disputed. In May 2017, defendant was charged by complaint-warrant with the charges in the ensuing … 5 A-0601-21 to detain him, "adversarial proceedings had commenced at the point of the CJP hearing," requiring …
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… sexual assault, he could be involuntarily civilly committed pursuant to the New Jersey Sexually Violent … his prison sentence, if the court found a need for such commitment. Defendant also represented he understood this … shows, if it shows that you have a pattern of repetitive or compulsive behavior that you may be sentenced to treatment …
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… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … for this transaction. Hill refused to pay Fallivene a commission from the sale1 and Fallivene subsequently filed a … of a fee or commission. II. Fallivene raises the following points for our consideration: POINT I DEFENDANT MAY NOT …
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… 2015 and June 2016. The State of New Jersey agreed to recommend concurrent ten-year terms of imprisonment, subject … "Based upon [defendant's] self-report," the evaluator recommended he be referred for intensive outpatient services. … This appeal followed. Defendant raises the following points for our consideration: POINT I A REMAND FOR …