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- njcourts.gov… Plaintiff-Appellant, and NEW JERSEY DEMOCRATIC STATE COMMITTEE, Plaintiff/Intervenor- Appellant, v. ANN GROSSI, … LLC, attorneys for appellant New Jersey State Democratic Committee; Jardim, Meisner & NOT FOR PUBLICATION WITHOUT THE … While plaintiffs concede the law is ambiguous on those points, they urge that we resolve the ambiguity by …
- A-2051-20 - STATE OF NEW JERSEY VS. RALPH P. JAMISON (15-05-0584, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… a plea agreement pursuant to which the State agreed to recommend a nineteen-year sentence subject to the requirements … aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, a … is reliable." Strickland, 466 U.S. at 687. "The error committed must be so serious as to undermine the court's …
- A-0361-21 - STATE OF NEW JERSEY VS. RUSSELL E. OLEXA (19-07-1833, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… "statement did not provide the requisite extraordinary and compelling circumstances, justifying consideration of the … of "Graves Act" 2008 Directive with Respect to Offenses Committed by Out-of-State Visitors from States Where Their … determined defendant failed to present extraordinary and compelling circumstances as required under Rule …
- njcourts.gov… incident. The lieutenant pled guilty to a lesser charge and completed pre-trial intervention (PTI). Afterwards, he sent … consumed before the incident, the charges, and his completion of PTI. In the matter of In re Attorney General … their discipline reports. 246 N.J. 462, 476 (2021). In compliance, the JCPD added the lieutenant's name back to the …
- njcourts.gov… 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: A. The Trial Court Deprived Defendant of a Fair … and that this deficiency negates probable cause. She points to the record, which shows that Lt. Loos "last …
- A-3382-23 – L.E.O. VS. A.S. (FV-13-1892-24, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… 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 …
- A-1270-22 – LUIS FERMIN VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… for purposes of this appeal, largely undisputed. Fermin commenced his employment with the City as a Paterson Police … in the passenger side of a car driven by a "female civilian companion" when an unidentified man approached the vehicle … notice of disciplinary action (PNDA) on January 2, 2019, recommending his termination. According to the PNDA, "Fermin …
- njcourts.gov… and related entities, summary judgment on Jersey Shore's complaint that Keansburg's Second Amended Redevelopment Plan … the trial court erred in dismissing its Law Division complaint, challenging the merits of the TRC's decision to … redevelopment of the property as a mixed-use housing and commercial development. In 2019, the TRC considered …
- A-1335-23 – STATE OF NEW JERSEY VS. SERGIO DEROSA (16-09-2118, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- A-0274-23 – STATE OF NEW JERSEY VS. VICTOR BAVEROV (MA-23-004, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… of first impression regarding when the State may be compelled to provide field and health reports of narcotics … rather than factual issues." Defendant argues the following points on appeal: THE DEFENSE IS ENTITLED TO THE DISCOVERY … a warrantless search. The police seized various ingredients for making methamphetamine. Id. at 240. The canine …
- njcourts.gov… 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 …
- A-0228-23 – STATE OF NEW JERSEY VS. JASON FRENCH (22-02-0233, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… counts of the indictment was denied and his motion to compel production of outstanding discovery "was withdrawn … going into that room when the [police] came in. I was coming out of the bathroom, which is a completely different direction. They lied. I have asked for …
- njcourts.gov… nine years old. On November 30, 2021, plaintiff filed a complaint in the Superior Court of New Jersey, Passaic … or application of the law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). III. We first … in the litigation are in conflict." Id. at 584. "[W]hen a complaint is timely filed within one state's statute of 7 …
- A-0606-23 – SEBASTIAN ROJAS-GOMEZ VS. JAMES TYLICZKA (L-1413-20, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… of removal. On March 4, 2020, defendant filed another complaint against plaintiff for unpaid rent. Plaintiff … plaintiff on April 10. On April 7, 2020, plaintiff filed a complaint against defendant for breach of contract and fraud, seeking compensatory, consequential, and punitive damages. Defendant …
- njcourts.gov… OF EDUCATION and DR. ANGELICA ALLEN-MCMILLAN, ACTING COMMISSIONER, Respondents-Respondents. Submitted November 7, … for making fiscally responsible decisions. Petitioner points out that N.J.S.A. 18A:7F-68(c)(5), which exempts … we have not commented on them specifically, all other points petitioner raises on appeal lack sufficient merit to …
- njcourts.gov… home, which originated in a location where defendants had completed renovations. The trial court found plaintiff's … damage in 2014, his insurance carrier supplied a list of recommended contractors to make necessary repairs. 3 A-2404-21 … in violation of the CFA amounts to negligence. Plaintiff points out numerous supporting arguments to buttress its CFA …
- A-3234-22 – STATE OF NEW JERSEY VS. BRANDON D. WILLIAMS (21-06-1587, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… 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 …
- njcourts.gov… 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 …