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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS D.D., on behalf of S.R. and A.R. … Castro have filed the present motion seeking to have the comt dismiss with prejudice Counts II through IX of Plaintiffs' Complaint for failure to state 1 This action is being …
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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 Conduct (ACJC) alleged four counts of … 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 … to believe that a violation of law had been or was being committed," relying upon State v. Walker, 213 N.J. 281, 290 …
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… be-on-the-lookout (BOLO) description of the person who had committed a robbery in the vicinity just minutes earlier. … for the dispatcher's assumption that a Black man committed the robbery constitutes a failure to rebut the … appellate courts construe the Constitution, statutes, and common law de novo—with fresh eyes—owing no deference to 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 … subject to the dictates of OPRA or requests made under the common law right of access." The ACLU filed this action to … 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 … 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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… became particularly strained after Burkert read online comments attributed to Halton’s wife that Burkert felt … him and his family. Angered by the insulting online comments, Burkert retaliated. Burkert downloaded the … “course of conduct was alarming and injurious,” the State points to Burkert’s admission that “he made the flyers as an …
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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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… 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 … surrounding circumstances and the machete’s status as an uncommon item sufficiently supported the jury’s verdict. The …
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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 … for leave to appear as amicus curiae. II. A. The State points to United States Supreme Court precedent in arguing …
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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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… Room at University Hospital in Newark at 11:20 a.m. complaining of significant pain in his left arm and left … Detective Miranda interviewed the two passengers who accompanied defendant and Byrd to University Hospital -- Ja-Ki … Crawford claimed he felt threatened by Cline, so he complied by going into the Café and ordering food as Cline …
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… for the Court. The issue before the Court is whether the common law imposes a duty on underage adults -- over the age … so, the standard for liability if an underage guest, who becomes intoxicated, afterwards drives a motor vehicle and … purchased the alcohol. In turn, Amboy filed a third-party complaint against Zwierzynski. The trial court granted …
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… ambiguous, officers are required to stop the interrogation completely, or to ask only questions narrowly directed to … talk to your uncle, no doubt about it. DEFENDANT: What it comes down to, as far as it goes, I can’t say anything to … will to resist providing the statement to police was overcome by the interviewing officers’ use of the information he …
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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 … scrutiny,” State v. Bolte, 115 N.J. 579, 583 (1989). To overcome that presumption, the State must show that a …
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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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… the lyrics was written, the State concedes that many were composed before the circumstances underlying the instant … was his assailant. During closing arguments, the prosecutor compared the “street code” to a “subculture of violence,” … a strong nexus between specific details of the artistic composition and the circumstances of the offense for which …