njcourts.gov
… and Grant Golightly. The trial court dismissed plaintiff's complaint determining plaintiff raised claims of … Without expert testimony, plaintiff failed to show what a similarly situated EMT was required to do or refrain from … by members of that profession in good standing in similar communities." Levine v. Wiss & Co., 97 N.J. 242, 246 …
njcourts.gov
… who conducted his Avenel Evaluation where defendant denied committing the offense. Counsel stated defendant was "here … anything about the charges." 5 Because defendant's family members share a common surname, we refer to them by … claim for IAC. Defendant now appeals, raising the following points: POINT I: THE PCR COURT ERRED IN PROCEDURALLY BARRING …
njcourts.gov
… 1996 at the age of five with his parents and sister. The family resided in Eatontown, initially on visitor visas. Defendant’s parents obtained legal permanent … Appointed counsel filed a brief raising the following points: POINT I PETITIONER WAS DENIED THE EFFECTIVE …
njcourts.gov
… ROMA PIZZERIA, on behalf of itself and all others similarly situated, Plaintiff-Appellant,1 v. HARBORTOUCH, … a new class action brought against the same defendant company for conduct that occurred after the date of the … terms of the class action involved the payment of millions of dollars to the plaintiff class members, plus …
-
njcourts.gov
… allegedly failed to diagnose or detect signs of Acute Compartment Syndrome. On December 17, 2018, plaintiff first … established policies, or rested on an impermissible basis," Milne v. Goldenberg, 428 N.J. Super. 184, 197 (App. Div. … Essex Cnty. Prosecutor, 171 N.J. 561, 571 (2002)). II. In Points I and II, State defendants argue the judge abused her …
-
njcourts.gov
… home. Id. at 3. M.F. testified the man gestured for M.F. to come over to the man's porch, but M.F. went directly into … he had seen to his mother, stepfather, siblings and a family friend, J.P., who lived at M.F.'s home. Ibid. About ten … was ineffective by failing to move for a speedy trial, communicate with defendant, and obtain discovery. The brief …
-
njcourts.gov
… had reason to believe defendant was staying. Based on prior communications with the occupant of that apartment, … I have a meeting with them all. They're busy. They can't come down here, so they asked me to interview you on their … or mental exhaustion was involved." Ibid. (quoting State v. Miller, 76 N.J. 392, 402 (1978)). 16 A-1413-19 Law …
-
njcourts.gov
… At issue is the propriety of the prosecutor's closing comments on a seven-minute segment of surveillance footage, … defendant drop the object, Mancheno recovered a loaded nine-millimeter handgun wrapped inside a black ski mask. Portions … State v. Timmendequas, 161 N.J. 515, 575 (1999). In a similar vein, our review of a trial court's evidentiary …
-
njcourts.gov
… N.J.S.A. 2C:17-1(b)(1), and one count of conspiracy to commit arson, N.J.S.A. 2C:5-2(a)(1). They subsequently … 14, 2017, the Middlesex County Probation Department recommended to the Prosecutor's Office that defendants' … executed separate orders, together with separate but similar written decisions, denying each defendant's appeal. As …
-
njcourts.gov
… not stop and continued at a high rate of speed. At various points after turning onto other roadways, with Ehnstrom … drove through red lights, and veered into a lane of oncoming traffic. When Ehnstrom was able to drive alongside 3 … next to him." Fearing defendant who appeared to be wearing military camouflage clothing was headed to Fort Dix military …
-
njcourts.gov
… and grade, have systematically been promoted." An amended complaint was filed in January 2013, which alleged the … and instead assigned him a 1999 Chevrolet with 212,000 miles.2 When Giles complained, he was assigned a different … grade" were promoted to Lieutenant while he was not. Giles points to the timeframe from when he was promoted from …
-
njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Appellant, v. JOHNNY MILETE, Defendant-Respondent. ________________________ … A Passaic County Grand Jury indicted defendant Johnny Milete with attempted murder, N.J.S.A. 2C:11-3 and N.J.S.A. … to Rule 3:20-1. The judge explained her reasoning in a comprehensive oral decision delivered from the bench, …
-
njcourts.gov
… also challenges his sentence, claiming that the prosecutor committed a gross and patent abuse of discretion by refusing … judge denied defendant's motion for reasons explained in a comprehensive and detailed oral opinion. Defendant was tried … 2C:43-6(c). The court concluded that the State did not commit a gross and patent abuse of prosecutorial discretion …
-
njcourts.gov
… en route to the hospital because Kahe was having pregnancy complications, specifically discomfort and bleeding. Defendant stated they left Muhlenberg … the degree to which the police conduct engenders fear or humiliation, and whether the suspect was isolated, handcuffed, …
-
njcourts.gov
… a knowing, intentional control of a designated thing, accompanied by a knowledge of its character. Thus, a defendant … (citing Alvarez, 246 N.J. Super. at 148-49; State v. Miller, 321 N.J. Super. 550, 555 (Law Div. 1999)). A … v. Mastapeter, 290 N.J. Super. 56, 64-65 (App. Div. 1996); Miller, 321 N.J. Super. at 555). In his sentencing …
-
njcourts.gov
… counts consisted of sexual assault and related offenses committed against four other victims. Counts one through … was walking from her mother's house on Second Street in Millville to a friend's house a short distance away. After … Multiple police officers, paramedics, an ambulance, and the Millville Rescue Squad responded to the scene. Emergency …
-
njcourts.gov
… that Perez banged on the door to defendant's bedroom and complained about the loud volume of the music. According to … THAT IF HE WERE DEEMED TO BE A CRIME VICTIM, HE COULD OVERCOME HIS STATUS AS AN UNDOCUMENTED IMMIGRANT AND RECEIVE A … working at a restaurant in Pennsylvania when a co- worker recommended that he find a lawyer to help him seek …
-
njcourts.gov
… railroad tracks. There 3 A-4934-18 was no train immediately coming and the victim was able to climb back safely onto the … police drove him to the New Jersey Transit Police District Command station in Hoboken. Even after arriving at the … we agree with defendant's first argument but not his other points of claimed error. II. It is fundamental to our system …
-
njcourts.gov
… aggravating factors three, the risk that the defendant will commit another offense; six, the extent of the defendant's … 2C:44-1(b)'s List of Mitigating Factors. 2. Defendant and Similarly Situated Defendants Are Entitled to a Remand Under … factors as one step. 119 N.J. 152, 162 (1990); see also Miller v. Alabama, 567 U.S. 460, 483 (2012) (referring to a …
-
njcourts.gov
… each victim. In exchange for his pleas, the State recommended that he receive a county jail sentence not to … be serving county jail, versus prison, time under his recommended sentence. In his amended petition, defendant also … 429 N.J. Super. 387, 400 (App. Div. 2013) (quoting State v. Milne, 178 N.J. 486, 492 (2004)). In determining whether the …