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… switching to witness mode, he set the witness up at a computer, explained how to scroll through photos with six on … an identification through “mugshot exposure” and “mugshot commitment.” Id. at 255-56. The Court in Henderson therefore … adoption of Rule 3:11. Recent technological developments complicate the analysis in those opinions, and none of those …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS JW Plaintiff V. WW Defendant Decided: … or the children's constitutional right to religious freedom nor permit the imposition upon the father of the … exposed to new lands and cultures. However, the defendant points out that the trip to Ecuador and Peru were in 2014 …
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… the years, he advanced to various positions within NJT. He commenced this action on May 13, 2011, alleging … level that results in a 15% (14.5%) rounded increase in Hay points."1 On April 11, 2008, Scott-Buczak responded to … potential 1 In his deposition, plaintiff explained that Hay points refers to the degree of difficulty the job entails, …
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… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial … . . using coercion or without the victim’s affirmative and freely-given permission, but the victim does not sustain … engaging in an improper ex parte conversation. Respondent points to several mitigating factors including an otherwise …
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… and noticed an "immediately apparent" odor of raw marijuana coming from the vehicle. MacRae asked defendant to step out … and experienced State trooper emanating from the passenger compartment of a legally stopped motor vehicle created … found the State proved defendant's statements were made freely and voluntarily in the totality of the circumstances. …
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… loaded with eight rounds. The State charged defendant in a complaint-warrant with second-degree unlawful possession of … violates the CJRA and his right to due process. Defendant points to several parts of the statute in support of his … The Association echoes the State’s arguments. Among other points, the CPANJ asserts that any discussion about whether …
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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 … that the driver of a vehicle, or its occupants, is committing a motor-vehicle violation or a criminal or …
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… of her home. Detective John Steet of the State Police accompanied him. The detectives arrived at Brown’s apartment, … the defense of qualified immunity was discussed at various points during the proceedings, the issue was not fully … 7 of the New Jersey Constitution, which guarantees freedom from unreasonable searches and seizures.5 She sought …
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… testimony at trial and his or her statements that were freely given.” State v. Tucker, 190 N.J. 183, 189 (2007). … moments after telling the officers that he did not wish to comment on that particular subject. Because defendant did … of the relevant precedent shows that a defendant who speaks freely after waiving his Miranda rights can be …
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… of third-degree theft by deception, third-degree theft by computer, third- degree wrongful impersonation, third-degree … medical services for the municipality. Morrison did not commit the offense of official misconduct because he was not … 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 … over more than a decade, defendant June Gorthy attempted to commence a relationship with C.L., a mental health therapist …
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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 … risk of identity theft and credit/debit card fraud. The complaint alleged that “there are, at a minimum, thousands …
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… of aggravated manslaughter in exchange for the State’s recommendation of a sentence not to exceed … elicited for the plea indicated that he was asserting a complete defense to the charge. In a split decision, the … The dissent disagreed, noting that self-defense is a complete defense, equivalent to an assertion of innocence. …
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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 … 18, 2007, by defendant New Jersey Manufacturers Insurance Company (NJM). The policy included a $500,000 limit for …
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… (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 … to tensions over the use of her car and her desire for more freedom to go out with friends. Defendant did not testify on …
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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 … and generated a full DNA profile for defendant. She then compared defendant’s DNA profile with the profiles generated … 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. … Supor in exchange for ten percent of the value created. The complaint alleges that in February of 2016, Bezzone began …
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… Kaltnecker, for damages and an order directing them to comply 1 Hedi Leistner was known as "Hedi Mizrack" when the complaint was filed. January 25, 2013 A-5924-09T1 3 with … II. In their cross-appeal, plaintiffs raise the following points for our consideration: I. KALTNECKER SHOULD BE LIABLE …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … CBT by virtue of the application of 15 U.S.C. § 381, more commonly known as Public Law 86-272 (“P.L. 86-272”), which … of accepting rejected produce. The Director cogently points out however that no State action applies to require …
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… the provisions of Sinclair’s plea agreement for an offense committed after the shooting in this case. Sinclair had pled … A claim that there is an inference of bias is particularly compelling when the witness is under investigation, or … the shooting at issue in this case, Sinclair allegedly committed an offense that exposed him to a lengthy term of …