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- A-68-12 Opinionnjcourts.gov… appeal an erroneous jury instruction that denied defendant a valid defense to the charges of aggravated … supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … retroactively on collateral review, such as on PCR. It points out that the Court in Moore “made the broad …
- A-53-12 Opinionnjcourts.gov… on the driver’s side and ordered the occupants, defendant Kevin Gamble and co-defendant Terrell Wright, to exit … protruding from the center console. Bryant then heard a commotion and realized defendant was attempting to flee. … to justify a limited vehicle protective frisk. The State points to the recent United States Supreme Court decision in …
- A-42-12 Opinionnjcourts.gov… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … civil commitment pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 3-:4-27.24 to -27.38, may … and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question …
- A-27-12 Opinionnjcourts.gov… of any opinion may not have been summarized). State v. David M. Gibson (A-27-12) (070910) Argued October 8, 2013 -- … At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … ‘trespassing’ denote different types of conduct.” Gibson points out that “‘loitering’ is commonly understood to mean …
- A-22/23/24-12 Opinionnjcourts.gov… of any opinion may not have been summarized). Wayne Davis v. Brickman Landscaping, Ltd. (A-22/23/24-12) (071310) … expert concluded that defendants’ inspectors had properly complied with NFPA 25, which did not require them to … care, a standard that requires precautions beyond compliance with NFPA 25. He concluded that defendants’ …
- A-15-12 Opinionnjcourts.gov… to by the homeowner and which occurred while the defendant was unlawfully detained. Late on May 18, 2009, Camden … and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. …
- A-8-12 Opinionnjcourts.gov… v. Kelvin Williams (A-8-12) (071306) [Note: This is a companion case to State v. Christopher Dekowski, also filed today.] Argued October 8, 2013 -- Decided August 11, 2014 … a real bomb affixed to his neck and torso. United States v. Diehl- Armstrong, 739 F. Supp. 2d 786, 788 (W.D. Pa. 2010), …
- njcourts.gov… NFI’s security manager, James Matlock, signed criminal complaints against Trident’s principals. An assistant … of crime victims “[t]o be informed about available remedies” and “[t]o be compensated for their loss whenever … Rule of Professional Conduct.” In the dissent’s view, the points were “substantively without merit and unsupported by …
- A-3876-17T2 Opinionnjcourts.gov… AND PERMANENCY, Plaintiff-Respondent, v. M.T., Defendant-Appellant, and C.T., Defendant. … they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best … home would cause severe and enduring harm. In addition, she points to evidence that John lacked a strong emotional …
- A-0206-15T1 Opinionnjcourts.gov… DEVELOPMENT, LLC and TOWNSHIP OF NORTH BERGEN, Defendants-Respondents. _____________________________ Argued … only 6.07 uplands.2 The property changed depths at multiple points; for example, its widest part ranged from ninety to … of enclosed parking with 537 spaces built underneath a common area with lobbies, a fitness room, a lounge, and …
- A-3788-15T4 Opinionnjcourts.gov… AND PERMANENCY, Plaintiff-Respondent, v. H.D.C., Defendant-Appellant, and R.B., Defendant. … of Child Protection and Permanency (Division) to file a complaint for Tara's adoption by E.B. and H.Y. The Division … that contributed to . . . [] her removal have not been remedied"; and observations from the bonding evaluation where . …
- A-0569-16T1 Opinionnjcourts.gov… GUNDERSON, TOWNSHIP OF WINSLOW, and COUNTY OF CAMDEN, Defendants-Respondents. _________________________________ Argued … northbound side of Sicklerville Road, with his back to oncoming traffic, towards his home on Rose Court. Sicklerville … decisions of its legislative and quasi-judicial bodies and is entitled to 18 A-0569-16T1 immunity under …
- A-2023-15T2 Opinionnjcourts.gov… JERSEY, Plaintiff-Respondent, v. EUGENE RICHARDSON, Defendant-Appellant. ___________________________________ … arrest by a police officer as the initial process, or on a complaint by a police officer, local law enforcement [becomes] part of the prosecutor's office for discovery …
- A-4693-14T4/A-4746-14T4 Opinionnjcourts.gov… Service of Greater Monmouth County, and B'nai B'rith Foundation of the United States (Parsons & Nardelli, attorneys; … Division, Probate Part, dismissing plaintiffs' verified complaint and Thomas's counterclaim. Having thoroughly … On August 29, 2013, plaintiffs filed a two-count verified complaint, seeking in count one a judgment declaring that an …
- A-70-13 Opinionnjcourts.gov… Court. The issue in this appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … 17:33A-7(a). The IFPA does not set forth equitable remedies for private-party insurance actions, but that does not …
- A-46-13 Opinionnjcourts.gov… the Court determines whether, under Rule 3:9-2, defendant John Tate provided an adequate factual basis supporting … aggravated criminal sexual contact for acts he allegedly committed between September and November 1999, while serving … the State agreed to dismiss the remaining charges and recommend a sentence of time served. During the plea hearing, …
- A-43/44-13 Opinionnjcourts.gov… of Operating Engineers, Local 68 (Local 68); for Belmar the Communications Workers of America, AFL-CIO (CWA); and, for … each municipality obtained approval from the Civil Service Commission (Commission) for a layoff plan. Keyport’s plan … layoff plan provided for ten involuntary unpaid furlough days for all Department of Public Works employees. Belmar …
- A-48-17 Opinionnjcourts.gov… for the Court. When the State seeks to detain a defendant pretrial under the Criminal Justice Reform Act (CJRA), … offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . positively … the CJRA and related court rules. 1. The Attorney General points to section 19(f), which offers guidance in a …
- A-46-17 Opinionnjcourts.gov… controversy doctrine seeks to impel litigants to consolidate their claims arising from a single controversy whenever … Borrus firm, Dimitrakopoulos and his wife filed a verified complaint against Eleftheriou and his wife. For reasons that … that govern here. 1. The entire controversy doctrine embodies the principle that the adjudication of a legal …
- A-44/45-17 Opinionnjcourts.gov… to plain error. The Court also examines whether the State committed reversible error by commenting, during summation, on defendant’s silence when the victim, H.B., accused him of having … when I have some trust in you.” This is not a stupid man, ladies and gentlemen. . . . . He can’t deny it, ladies and …