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… Major arrived on the scene as backup. Officer Major was accompanied by a narcotics canine. Upon Officer Major’s … exited the QuickChek. At that time, Officer Tardio confirmed that all three individuals arrived at the QuickChek … sniff does not prolong the stop beyond the time required to complete the stop’s mission. 1. The Fourth Amendment to the …
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… testified that after he and Daleckis finished talking, he immediately walked back up his stairs and handed the machete … 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 …
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… N.J.S.A. 10:6-1 to -2, against a police detective named in his individual and official capacity. The events … 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 …
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… to police. Defendant elected to testify at trial and claimed to have acted in self-defense. On cross-examination, … moments after telling the officers that he did not wish to comment on that particular subject. Because defendant did … What happened today about the loaded gun or did that come in play at all? [Defendant]: That came in play a long …
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… appeal, the Court considers whether a volunteer emergency medical technician (EMT), working for a private, non-profit … of third-degree theft by deception, third-degree theft by computer, third- degree wrongful impersonation, third-degree … 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 … with instructions not to contact C.L., but then resumed doing so. Defendant was arrested again, and charged with …
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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 … for class certification. The Appellate Division affirmed the dismissal as it pertained to the class action …
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… where he was shot and how he got to the hospital. While medical professionals were tending to defendant, his mother, … 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 …
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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 … duty to supervise his friends. The Appellate Division affirmed, 459 N.J. Super. 377, 399 (App. Div. 2019), but set …
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… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … in favor of I.R. On appeal, the Appellate Division affirmed as to both H.R. and I.R. 457 N.J. Super. 250, 255 (App. … ,’” (quoting N.J.S.A. 30:4-123.90(e)). The Board also points to SOMA’s language about deterrence and …
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… for assistance. On October 17, 2008, police were informed that the couple was missing and that unauthorized … 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 …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … and others. Wright appealed and the Appellate Division affirmed. State v. Wright, 431 N.J. Super. 558 (App. Div. 2013). … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among …
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… of aggravated manslaughter in exchange for the State’s recommendation of a sentence not to exceed … parole supervision. At the plea hearing, defendant confirmed that he had sufficient time to speak with his family and … elicited for the plea indicated that he was asserting a complete defense to the charge. In a split decision, the …
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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,” … v. Koskovich, 168 N.J. 448, 484-87 (2001), the Court affirmed the admission of violent lyrics authored by a defendant …
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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 … for employees than that which is provided to the “named insureds” on the policy. On July 5, 2007, plaintiff …
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… own defense. On direct appeal, the Appellate Division affirmed the conviction, remanding only for the criminal sexual … (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 …
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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 … scene of the offense, but who was not the analyst who performed the testing procedures that provided the basis for the … violated defendant’s confrontation rights. The State points out that the Court in Melendez-Diaz, supra, expressly …
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… that there is a substantial likelihood that [Acoli] will commit a crime if placed on parole.” On May 2, 1973, Acoli … Army, James Costan and Joanne Chesimard. All three were armed with handguns. Shortly before 1:00 a.m., New Jersey … thirty years. Under the law that controlled the crimes he committed in 1973, Acoli first became eligible for parole in …
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… the years, he advanced to various positions within NJT. He commenced this action on May 13, 2011, alleging … Title VI Program, write position statements, participate in mediations and carry out the entire EEO Specialist and EO/AA … level that results in a 15% (14.5%) rounded increase in Hay points."1 On April 11, 2008, Scott-Buczak responded to …
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… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial … discourteous and inappropriate.” The questions also shamed the alleged victim by intolerably suggesting she was to … engaging in an improper ex parte conversation. Respondent points to several mitigating factors including an otherwise …