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- A-0659-18T4 Opinionnjcourts.gov… and clear exposition of the issues). This error is further compounded by the fact that the trial judge failed to …
- A-0414-17T1 Opinionnjcourts.gov… field sobriety tests, though Stevens smelled no alcohol coming from defendant. Stevens administered the horizontal … probable cause unnecessary because Stevens was performing a community caretaking function when he found defendant … This appeal followed. Defendant raises the following points on appeal: I. STANDARD OF REVIEW. II. THE COURT ERRED …
- A-2948-17T2 Opinionnjcourts.gov… and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … not satisfy the pre-2010 requirement that defendant must come forward with evidence that counsel was ineffective by … for the reasons expressed by Judge Rivas in his comprehensive oral decision. We add only the following …
- A-4809-17T2 Opinionnjcourts.gov… fails to pay the property taxes, as the unpaid balance becomes a municipal lien on the property. N.J.S.A. 54:5-6. … expired, on August 9, 2017, Fargil filed a foreclosure complaint, naming Auto as a defendant, as well as other … (collectively defendants).2 A copy of the summons and complaint was served upon Auto's registered agent on August …
- A-2831-17T4 Opinionnjcourts.gov… ineffective for fail[ing] to argue that [the] trial court committed reversible error by failing to instruct the jury … 8 A-2831-17T4 On appeal, defendant raises the following points for our consideration: I. THE [JOC] IS INCONSISTENT … RESENTENCING TRANSCRIPT[.] II. THE LAW DIVISION FAILED TO COMPLY WITH NEW JERSEY COURT [RULES] 1:21-1, 3:21- 4(B)[,] …
- A-5777-17T3 Opinionnjcourts.gov… for Drug Court and, if eligible, would have to accept the recommended treatment modality or face a prison term. At … found aggravating factors three, the risk defendant will commit another offense; six, the extent of defendant's prior … prison, we should value them as equally severe. Defendant points out that the probation revocation statute states that …
- A-5390-17T3 Opinionnjcourts.gov… "Yes, you will. Oh, yes, you will." Plaintiff ceased all communication with defendant, but defendant attempted to … disorder. The next day, plaintiff filed a domestic violence complaint in Ocean County, New Jersey, pursuant to the PDVA. … by a preponderance of the evidence that defendant had committed the alleged predicate act of criminal mischief. …
- A-1909-19T6 Opinionnjcourts.gov… investigating officers either directly or with the help of community members. Some or all of the alleged victims later … Portuguese-speaking or Spanish-speaking police officers. Complaint-warrants charging defendant with the three … and sound recordings . . ., and any other data or data compilations stored in any medium from which information can …
- A-4908-18 Opinionnjcourts.gov… THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT MR. STOUT WILL COMMIT A CRIME IF RELEASED ON PAROLE. (NOT RAISED BELOW). A. … THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT MR. STOUT WILL COMMIT A CRIME IF RELEASED. (NOT RAISED BELOW). IV. THE … to say, this is not the appropriate case to consider the points raised. An adequate record in a live controversy is …
- A-2393-18 Opinionnjcourts.gov… The remaining counts and related charges would be recommended for dismissal. As far as the recommendation pursuant to the negotiation, the defendant … A persistent offender is a person who at the time of the commission of the crime is 21 years of age or over, who has …
- A-1973-18 Opinionnjcourts.gov… EVIDENCE, OMITTING EXCULPATORY EVIDENCE CONTAINED IN THE COMPAINANT'S STATEMENTS TO THE POLICE AND CASTING DOUBT UPON … whether it's more likely than not that [defendant] has committed the crimes of aggravated arson, arson, and … grand jury's decision making capabilities in providing his comments to the grand jury or providing whatever information …
- A-3935-18 Opinionnjcourts.gov… attempted to purchase an illegal firearm prior to the commission of the robberies. Defendant did not request a … evidence. His testimony established defendant's motive for committing the robberies and provided necessary background … (counts five); and one count of second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1, N.J.S.A. 2C:5-2(a)(1), …
- A-5566-18T2 Opinionnjcourts.gov… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2491. Alterman & Associates, … appeal. This appeal followed. Petitioner has raised three points but essentially argues that the Commission's decision … the phone; (3) video footage showed him moving at various points during his shift; (4) his eyes were not visible on …
- A-1776-19T1 Opinionnjcourts.gov… 5, 2018. On February 14, 2019, plaintiff filed an amended complaint against defendants, alleging: (1) breach of … Protection Act;2 and (3) retaliation in violation of common law.3 Defendants moved to dismiss the amended … Imburgio. In sum, a binding settlement was reached, and embodied in the written agreement defendants' counsel drafted. …
- A-0378-19 Opinionnjcourts.gov… 2C:29-2(b) (count 22); second- degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2; N.J.S.A. … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 6 A-0378-19 PCR hearing that … or believing portions of both, or, indeed, believing both completely[.]" Ibid. Such was the case here. As the trial …
- A-2842-19 Opinionnjcourts.gov… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Div. 2000). As to the traffic and environmental impact studies, Vineland's zoning regulations for major site plan … site and use, including traffic and environmental studies or impact analyses." Vineland, N.J., Code § …
- A-0101-16 Opinionnjcourts.gov… probable cause to believe that a juvenile fourteen or older committed one or more specified delinquent acts (including … not dispute the fact that he was over fourteen or that he committed the requisite act(s); instead, he challenges the … seeking waiver of jurisdiction, which she prepared to comply with the Attorney General's Juvenile Waiver …
- A-3732-19 Opinionnjcourts.gov… from Judge Robert J. Mega's May 22, 2020 amended order compelling her to sell a single-family home in Plainfield … payoff statement from BOA, as required by the closing title company. The judge adjourned the sheriff's sale to January … than through loan payments. Id. at 20-21. 10 A-3732-19 points out that she requested rescission or reformation of …
- A-1129-18T4 Opinionnjcourts.gov… Probable Cause that an Offense Has Been or Is Being Committed. B. There Was No Probable Cause that [Defendant] … ]grounded suspicion" that a crime has been or is being committed.'" State v. 5 A-1129-18T4 Sullivan, 169 N.J. 204, … be considered in the totality include a police officer's "common and specialized experience," [Schneider v. Simonini, …
- A-4783-18T1 Opinionnjcourts.gov… (collectively, defendants). Plaintiffs essentially complain that defendants unduly delayed paying insurance … to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such … payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or …