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- A-3664-17T1 Opinionnjcourts.gov… 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 …
- A-3957-18T1 Opinionnjcourts.gov… 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 …
- A-3858-19T4 Opinionnjcourts.gov… 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 …
- A-3390-18T4 Opinionnjcourts.gov… 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 …
- A-3965-17T3 Opinionnjcourts.gov… tops, [three] razor blades and $453." Weaver was advised to complete and return a form indicating whether he wished to … A-3965-17T3 actions.3 Although Weaver sent correspondence complaining that his hearings were not promptly scheduled as … of any requests by his counsel to schedule the hearings or complaints by his counsel concerning any purported delays by …
- A-4496-16T2 Opinionnjcourts.gov… of N.J.S.A. 39:3-10, which prohibits the operation of a commercial motor vehicle with an alcohol concentration of … 39:4-50a, the general refusal statute, instead of the [commercial driver's license (CDL)] statute pursuant to … of the consequences of refusal." Ibid. Defendant correctly points out that in State v. Cummings, 184 N.J. 84, 90 n.1 …
- A-0677-18T2 Opinionnjcourts.gov… 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 …
- A-4669-17T4 Opinionnjcourts.gov… 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 …
- A-0722-17T3 Opinionnjcourts.gov… 2C:39-5(b), that an indictment charged him with having committed. The court sentenced defendant in accordance with … activity by a defendant before effectuating a Terry stop. Comparing the CI's information in this case to that which … denial of his suppression motion, and the State agreed to recommend a sentence of five years with a three-and-one-half …
- A-2758-17T2 Opinionnjcourts.gov… to collect the dishonored check, Berry filed a third-party complaint against third-party defendants alleging fraud, … . . . ." According to the allegations in the third-party complaint, in June 2016, Berry wrote a check for $3800 … was cashed on July 1, 2016. After receiving plaintiff's complaint, Berry reviewed his financial records. He …
- A-2542-17T1 Opinionnjcourts.gov… 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 …
- C-191-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … “Defendants”), for an Order dismissing Plaintiff’s Complaint in Lieu of Answer, filed on October 23, 2018. … of many of the problems and areas Plaintiffs’ Complaint points to. It is also clear based on the business judgment …
- A-1058-14T4 Opinionnjcourts.gov… a September 17, 2014 judgment of conviction and order for commitment, sentencing NOT FOR PUBLICATION WITHOUT THE … Avenue. The dispatch audiotape recorded Officer Warriach's comment on the chase as it occurred, described defendant as … 6 A-1058-14T4 to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person …
- A-0422-15T2 Opinionnjcourts.gov… the State agreed to dismiss the remaining charges and recommend a six-year custodial term with thirty-three months … evidence present in the record . . . . [our] task is complete and [we] should not disturb the result." Id. at … judge erred by denying his suppression motion, defendant points to several observations made by Detective Szbanz and …
- A-0857-14T1 Opinionnjcourts.gov… cocaine. As a condition of the plea, the State agreed to recommend that the court sentence defendant to a term of three … The Irvington Police Department had received numerous complaints regarding the presence of gang members and drug … is a particularly small sidewalk. Where defendant and his companion were standing, they were blocking pedestrian …
- A-0622-16T1 Opinionnjcourts.gov… pertinent to this appeal from the record. Following the completion of a sentence served at the Adult Diagnostic and … for an unspecified sexual offense, defendant was civilly committed to the Special Treatment Unit (“STU”), pursuant to … at the STU. On appeal, defendant raises the following points for our consideration: POINT ONE THE PCR PETITION …
- A-3588-14T4 Opinionnjcourts.gov… jury trial, asserting that the trial court erred by (1) not compelling a co-defendant to testify despite the invocation … he made to the police. He asked the court for various remedies, including a direction to the State to grant immunity … to be sentenced and [has not] exhaust[ed] his appellate remedies, his conviction [is] not final." Ibid. It is also …
- A-5495-15T4 Opinionnjcourts.gov… third- degree drug distribution, N.J.S.A. 2C:35-5. The recommended sentence for the certain persons charge was the … RECOVERY OF THE EVIDENCE TO AVOID SUPPRESSION A. Failure to Comply With Command To Stop Does Not Automatically Render Evidence …
- A-0194-15T1 Opinionnjcourts.gov… revealed the cause of death to be asphyxia caused by a combination of blood in 3 A-0194-15T1 the lungs, the … and concluded: [A]lthough defendant presented reasonable points regarding defendant's Motion for New Trial on the … sustain any new information from . . . Webb: As the State points out, defendant had been seen in a tavern in Tuckerton …
- A-1883-15T4 Opinionnjcourts.gov… to upward adjustment based on whether plaintiff's annual income exceeds $500,000 annually. Plaintiff earned $758,971 in … that plaintiff earned $758,971 in 2013, based on his 2013 income tax return, while defendant received a base alimony … $7062.17. On appeal, plaintiff raises the following points for our consideration: POINT ONE THE TRIAL COURT'S …