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- A-14-16 Opinionnjcourts.gov… motor vehicle stop. Officer Carletta asked the driver, defendant Ryan Sutherland, for his driver’s license, motor … because his vehicle had three operable taillights, in compliance with the requirements of N.J.S.A. 39:3-61(a) and … on the relevant question, we would note, as the State points out, that the Legislature did at one point begin …
- A-88-15 Opinionnjcourts.gov… to disclose electronically stored information in accordance with the New Jersey Open Public Records Act (OPRA), … response to an OPRA request.” One month later, Paff filed a complaint and order to show cause in the Superior Court, Law … is also the records custodian) violated both OPRA and the common law right of access. Paff sought an order compelling …
- A-70-15 Opinionnjcourts.gov… automatic standing to challenge a search or seizure. Defendant Amir Randolph was charged with various drug offenses … a box, a cigarette box, and a letter from an insurance company addressed to Amir Randolph (defendant) at a … States Constitution. Lamb, supra, 218 N.J. at 313-14. The points of departure between federal and state concepts of …
- A-43-15 Opinionnjcourts.gov… Court. In this appeal, the Court determines whether a defendant seeking a waiver of the mandatory minimum sentence … prosecutor abused his discretion in denying a waiver was to compare the facts of his case to the facts of other similar … a weapon for an unlawful purpose, and the State agreed to recommend that he be sentenced as a third-degree offender. The …
- A-15-15 Opinionnjcourts.gov… N.J.S.A. 47:1A-1 to -13, preclude disclosure of the day’s worth of video footage from a stationary security … OPRA’s exemption for security information. Gilleran filed a complaint in the Law Division seeking the requested footage under OPRA and the common law right of access. Gilleran argued that the camera …
- A-70-14 Opinionnjcourts.gov… fight and an altercation with police in Asbury Park, defendant was charged with third- degree aggravated assault upon … have a constitutional right to an impartial and mentally competent tribunal. Jury irregularity, including sleeping, … denied, 151 N.J. 466 (1997), where the court suggested remedies for the problem of a sleeping juror and “defense …
- A-63-14 Opinionnjcourts.gov… In this appeal, the Court considers the Limited Liability Company Act (LLCA) and the circumstances under which … authorizes the expulsion of a member of a limited liability company (LLC). This appeal arises from a conflict among the … a business formed as an LLC. After a dispute between defendant Kenneth Carroll (Carroll) and the other members, …
- A-62-14 Opinionnjcourts.gov… Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … complaint, holding that the Supreme Court and the ethics bodies that it established have exclusive jurisdiction over … Director, after consultation with the committee chair, appoints a Secretary for each DEC. R. 1:20-3(c). Secretaries …
- A-48-14 Opinionnjcourts.gov… the Court considers whether the State may introduce in defendant’s trial for sexual assault evidence of a prior sexual … find beyond a reasonable doubt that a defendant actually committed the prior offense before that evidence may receive … beyond a reasonable doubt that the defendant actually committed the prior offense. Having determined that the …
- A-30-14 Opinionnjcourts.gov… At issue is whether the trial court properly denied defendants’ remittitur motion. Plaintiffs Ramon and Jeffrey … that when lunch was served, Bartikofsky, and others, would comment about the lack of “Mexican restaurants in the area” … distress, including humiliation and indignity, are remedies that require a far less stringent standard of proof …
- A-26-14 Opinionnjcourts.gov… J., writing for a unanimous Court. In this appeal from defendant’s conviction for driving while intoxicated (DWI) and … municipal prosecutor. However, defendant did not seek to compel the prosecutor to comply with the State’s disclosure obligations, as …
- A-102-13 Opinionnjcourts.gov… Court. In this appeal, the Court considers the standard governing revocation of direct access from a state highway to property used for commercial purposes pursuant to the State Highway Access … because it would reduce the number of total traffic points of conflict by eliminating turns across traffic by …
- A-90-13 Opinionnjcourts.gov… not have been summarized.) State of New Jersey v. Raymond Daniels (A-90-13) (073504) Argued October 7, 2015 -- Decided … of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … defense are clearly indicated by the evidence. Defendant points to State v. R.T., 205 N.J. 493 (2011), as further …
- 01323-2018 Opinionnjcourts.gov… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS _____________________________________ … : : v. : : DIRECTOR, DIVISION OF TAXATION, : : Defendant. : ____________________________________: Decided: May … there was no assessment of additional CBT for 2007-2011, it points out that this subsection is silent whether the …
- 08305-2007 Opinionnjcourts.gov… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … ________________________________________ LORILLARD TOBACCO COMPANY, : TAX COURT OF NEW JERSEY : DOCKET NO. 008305-2007 … : : v. : : DIRECTOR, DIVISION OF TAXATION, : : Defendant. : _______________________________________ : Decided: …
- 07576-2017 Opinionnjcourts.gov… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINION ____________________________________ … Plaintiff, : : v. : : CITY OF NEW BRUNSWICK, : : Defendant. : ___________________________________ : Decided: April … opinion decides defendant’s motion to dismiss plaintiff’s complaint. Defendant (“City”) urges a dismissal on grounds …
- State of New Jersey v. A.L.A Opinionnjcourts.gov… of reasonable corporal punishment applied to both a child endangerment charge and a simple assault charge where the … offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … basis in the evidence to support the instruction. Defendant points out that defense counsel asked the court to instruct …
- A-2326-20 Opinionnjcourts.gov… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2326-20 LINA DA SILVA, Plaintiff-Appellant, v. AMARO DA SILVA, … house. 1 Plaintiff's version of events is taken from her complaint because there is scant discovery or other evidence … moved into the house. In February 2016, plaintiff filed a complaint for divorce in Bergen County, which contained a …
- CAM-L-003124-20 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS VALLEYBROOK COUNTRY CLUB, LLC, et al., … vs, HALLMARK SPECIAL TY INSURANCE COMP ANY, et al., Defendants. Decided: January 26, 2022 SUPERIOR COURT OF NEW … exercise of that civil authority was the virus. Plaintiff points to no direct physical loss or damage to covered …
- L-2287-15 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MORRIS … INC., a New Jersey corporation, Plaintiff/Counterclaim Defendant, v. HONEYWELL INTERNATIONAL INC., THOMAS JACOSITZ, … Cert. in Supp. of Prudential’s Mot., Ex. G. Honeywell points out that November 18, 2015 letter specifically states …