njcourts.gov
… in an opening statement is not evidence. The evidence will come from the witnesses who will testify and from whatever … through any electronic means, such as shared Internet websites.[footnoteRef:1] Thus, for example, do not talk face to … has any connection to this case. Do not visit or view any place discussed in this case and do not use Internet maps or …
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njcourts.gov
… and heroin, N.J.S.A. 2C:35-5(b)(1), in exchange for a recommended ten-year prison term, including five years of … At this time, I removed the yellow bag from Tackeem and placed him in handcuffs. Inside the open unsealed bag was a … and based on the marijuana smell, handcuffed him and placed the bag on the trunk. VanSyckle searched Tackeem, …
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njcourts.gov
… 5, 2020 SOLOMON, J., writing for the Court. Unlike the common estate-planning strategy whereby a married couple … to Marita. The property’s transfer, in its entirety, took place “at or after” Mary’s death, and was appropriately … separate trusts, and the Court discusses and finds inapposite the cases advanced in support of the argument that the …
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njcourts.gov
… to step out of the truck, told him that he was being placed under arrest, and directed him to put his hands up. … The provision affords a defense to those who attempted to comply with its terms. As with other affirmative defenses, a … not limit any effort by defendant to establish the requisite proofs and makes no findings on those issues. (pp. …
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njcourts.gov
… defendant had a reasonable expectation of privacy in the common areas of his residence, and it was unreasonable for … point, "everything[] [was] starting to match up." He then placed defendant under arrest for possession of marijuana, … on appeal. Those cases are factually and legally inapposite as the living arrangements at issue in those cases are …
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njcourts.gov
… exited their police vehicle and noticed smoke or fire coming from beneath the disabled vehicle. Fidalgo stated … could be charged. The PCR judge heard oral argument and placed his decision on the record. The judge found that … the court, that he made any effort to locate Rentas in any place other than the City of Elizabeth. Ibid. Moreover, we …
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njcourts.gov
… a July 13, 2020 Law Division order that dismissed her complaint against the New Jersey Department of … July 4, 2017, plaintiff was walking along Route 46 to her place of employment in Teterboro when she fell into a … a train station about three hundred feet from the accident site complaining of intense knee pain. Officer Detrizio also …
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njcourts.gov
… was improper. POINT II THE IDENTIFICATION INSTRUCTION WAS INCOMPLETE, RESULTING IN PLAIN ERROR THAT DEMANDS REVERSAL. … his identification of defendant; and only one viewing took place. However, the judge found "insufficient evidence" that … first prong of [N.J.S.A. 2C:]44-1(f)(2)." Id. at 502. To place defendant's newly-minted arguments in context, we …
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njcourts.gov
… N.J.S.A. 2C:12-1(b)(4)(Count Nine). We affirm. Defendant placed a gun to the head of his ex-wife (the victim), pulled … to help the police locate defendant's whereabouts. The son complied and defendant answered the call but then quickly … Here, the conversation between McCain and defendant took place four days before he murdered the victim, and one day …
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njcourts.gov
… and [I] would like to confirm that a civil reservation was placed on the plea.” That same day, the municipal court … in any civil proceeding.” The Maidas subsequently filed a complaint seeking damages. They claimed that plaintiff … htm (last visited Mar. 11, 2015). 11 If a civil complaint has been filed …
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A-34-24 Petition For Certification
Briefs
njcourts.gov
… DI- VISION DOCKET NO.: A-1286-22 BERKLEY INSURANCE COMPANY, Defendant-Respondent. Sat Below: Hon. Morris Smith, … the capacity exclusion was an absolute bar. Quite the oppo- site, Berkley confirmed the “existence of potentially … its Coverage-Permitting Interpreta- tion which had been in place from 2016 – 2020 into a “No Coverage Interpreta- …
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njcourts.gov
… second-degree aggravated arson, the State [wa]s going to recommend at sentencing six years New Jersey State Prison … 1 N.J.S.A. 2C:43-7.2. 3 A-2800-23 residents that were displaced as a result of this fire she set. Defendant submitted … court found that "defendant failed to demonstrate the requisite facts required to overcome the strong presumption that …
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njcourts.gov
… of one of those institutions, had a nearly decade-long commercial lending relationship. That relationship ended in … of the 1 The court's statement that discovery had taken place in a New York action is likely a reference to an … as a sensible aid in carrying out its intendment."); Homesite Ins. Co. v. Hindman, 413 N.J. Super. 41, 48 (App. Div. …
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njcourts.gov
… search warrant application was tantamount to a motion to compel defendant to turn over potentially incriminating … a new categorical rule under which the bullet would be placed beyond the reach of a search warrant simply because … probable cause to believe evidence of a crime is at the place sought to be searched.2 I. We discern the following …
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njcourts.gov
… vehicle hit a sign, go off the road, and stop in front of a commercial establishment on Route 35. Officer Donald Porter … if she failed to take the field sobriety test, she would be placed under arrest. Defendant continued to refuse the … . . . defendant that if she did not comply, she would be placed under arrest." In denying the motion, the court …
njcourts.gov
… doubt, whether the defendant's past offenses were "committed on occasions different from one another" under the … conclusion a jury could have reached had Erlinger been in place at the time of sentencing." Id. at 644. Applying that … conclusion a jury could have reached had Erlinger been in place at the time of trial. Id. at 644. We are also …
njcourts.gov
… DURING SEVERAL KEY AREAS DURING TRIAL; FIRST PCR COUNSEL COMPOUNDED THE HARM BY FAILING TO RAISE THESE CLAIMS DURING … Well-settled principles guide our review. Rule 3:22-4(b) places strict limitations on second and subsequent petitions … manager's office of the county in which the conviction took place." Rule 3:22-1. "[F]iling can only be effected by the …
njcourts.gov
… because his injury did not occur in a designated combat zone or while he was performing qualifying … readiness and engaging in combat-simulation activities—placed him squarely within these definitions, despite not … basic training . . . [does not] satisfy the statutory requisites of service 'in a theater of operations and in direct …
njcourts.gov
… New Jersey Department of Corrections (DOC), finding that he committed a disciplinary infraction. Cotman contends the … not the subject of this appeal. The first search took place in the "I- Wing South F-pod first shower." Twenty-five … "[Incarcerated Person] Cotman states that he was initially placed on [Pre-Hearing Disciplinary Housing] because the …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS _____________________________________ … dispute in favor of the non-moving party.” The burden is placed on the movant to exclude any reasonable doubt as to … position was eliminated need not show that he or she was replaced, but must show that the employer retained someone …