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… to advance an insanity defense was not only reasonable but compelled by prevailing law. DWI under N.J.S.A. 39:4-50 is a … [T]he offense of driving while intoxicated precludes the common-law defense of insanity for two reasons. The 10 … first is that the statute creating the offense embodies a strong legislative policy of precluding defenses that …
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… OF COUNSEL FOR COUNSEL'S FAILURE TO OBJECT TO PREJUDICIAL COMMENTS DURING THE PROSECUTOR'S CLOSING WHICH WERE NOT … expert testimony, object to the prosecutor's summation comments, and conduct pretrial interviews of defendant's son … financial difficulties and 11 A-1335-23 marital discord. He points to counsel's certification attesting that she was …
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… adult at the time of the TRO. Plaintiff's domestic violence complaint alleged defendant committed harassment on April 1, 19, and 20, 2024, and … FRO because there was no evidence he feared defendant. She points to the March 31 meeting as evidence he was not afraid …
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… after plaintiff Allen J. Satz voluntarily dismissed his complaint against them. We reverse and remand for the … and called for a protest outside of his parents' home. The complaint sought a judgment for: removal of the image "from … seclusion; and damages of $30 million. Plaintiff served the complaint on The Jewish Link on November 2, 2023, and on …
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… motion to suppress and by granting the State's motion to compel a buccal swab for DNA testing of a handgun recovered … established at the suppression hearing and the motion to compel a buccal swab. The State presented testimony from … "r[a]n the plate" in his mobile data terminal (MDT), the "computer inside the vehicle." The search returned "a …
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… detected the . . . odor of an alcoholic beverage" coming from inside the truck. There were no passengers. Lt. … stay application. Defendant appealed, arguing the following points: 7 A-2798-22 A. The Trial Court Deprived Defendant of … and that this deficiency negates probable cause. She points to the record, which shows that Lt. Loos "last …
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… handgun, N.J.S.A. 2C:39-5b; (6) second-degree conspiracy to commit unlawful possession of a handgun, N.J.S.A. … possession of a handgun for unlawful purposes, a community gun, N.J.S.A. 2C:39-4a(2). Further, indictment … defendant was charged with: (1) second-degree conspiracy to commit carjacking and threatening occupants with bodily …
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… WINDUSTRIAL SUPPLY CO., INC. d/b/a NEWBURGH WINDUSTRIAL COMPANY, Defendant-Respondent. ___________________________ … to the sale of goods, as well as their respective remedies for nonperformance by the other 12 A-0125-23 party." … Corp., 207 N.J. 344, 363 (2011). Generally, "the UCC's remedies are to be 'liberally administered to the end that the …
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… in plaintiff's fifty-percent ownership of four separate companies, including his office-furniture business, … average of [his] annual gross salary of $296,000 and no income attributable to [defendant]." His "income [was] … not include a copy of it in the appellate record. Plaintiff points out that he referenced in his certification his plan …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1938-22 NC COMMUNITY CENTER ASSOCIATES, Plaintiff-Respondent, v. … defenses with prejudice and finding BE, LLC in breach of a commercial lease; (2) an October 21, 2022 order denying … and Shallan are married. On July 10, 2019, BE, LLC leased commercial premises owned by plaintiff NC Community Center …
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… not have reasonable articulable suspicion that defendant committed a crime to justify a request to search his vehicle … Malibu was a rental under someone else's name. Defendant complied with a request to step out of the car. He then … left the car without it. However, as defendant correctly points out and the State concedes, the court had no factual …
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… night of the incident, as the witnesses were unwilling to come to court. Defendant testified on his own behalf. On … was ordered to pay various fines and was required to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23, including … This appeal follows. II. Defendant raises the following points for our consideration: 6 A-0347-22 POINT I AS …
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… prong is particularly demanding and requires "[t]he error committed . . . be so serious as to undermine the court's … presence of media or the alleged disruption affected the outcome of his trial. First, defendant fails to demonstrate … trial strategy is clearly within the discretion of competent trial counsel); see also State v. Echols, 199 N.J. …
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… the State presented testimony about Child Sex Abuse Accommodation Syndrome (CSAAS) from Susan Esquilin, Ph.D., who … not requesting a stay of the direct appeal pending the outcome of the Supreme Court's disposition of the then- pending … that "expert testimony about CSAAS in general, and its component behaviors other than delayed disclosure, may no …
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… of the Crime Were Satisfied and a Crime Was Therefore Committed. 3. The Defendant Must Be Resentenced Because the … notified the DNA samples matched defendant's DNA from the Combined DNA Index System (CODIS). Officers collected a … to dismiss the remaining counts of the indictment and recommend a sentence of twenty-five-years, subject to the No …
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… Road. M.A.Z. had driven across the center line into an oncoming vehicle. The officers observed his 2 We use the … medication but advised he had gout. After unsuccessfully completing the field sobriety tests, M.A.Z. stated, "[j]ust … crime or disorderly persons 3 "THC . . . is the main ingredient that produces the psychoactive effect" in marijuana. …
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… appeal the trial court's denial of their motion to compel arbitration of claims brought in the Law Division … shall have the same power to award damages and remedies as a court would have, sitting in the same … or his claim that he did not sign the forms. All other points raised on appeal lack sufficient merit to be …
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… 2018, plaintiff, as trustee for RASC, filed a foreclosure complaint. Plaintiff hired a process server to serve … and writ of execution. Plaintiff then filed an amended complaint to join other parties in interest. In November 2022, defendant moved to dismiss the amended complaint with prejudice for a failure to state a claim. On …
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… pled guilty to second-degree possession of lysergic acid diethylamide (LSD) with intent to distribute in violation of … and that the van had abruptly turned into an industrial complex parking lot after observing the police's overhead … decided to investigate and drove to the nearby industrial complex located on Hook Mountain Road. After entering the …
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… from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he … is not constitutionally required unless the defendant accompanies the plea with a claim of innocence"). The record … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality …