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… Trooper Lambert instructed defendant to turn around to complete another test, and when he did, Trooper Lambert … her car door, taking out her phone, and attempting to communicate with defendant and Trooper Lambert. She told … but in the recording, defendant addresses her by the common nickname "Flaca." 7 A-1301-22 using his feet and …
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… whom represented plaintiffs Mark and Anthony Chernalis in a complex commercial real estate transaction in 2009. Specifically, … (2) a July 11, 2019 order dismissing plaintiffs' complaint, with prejudice, as against defendants Debra …
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… leaders of a drug trafficking network, N.J.S.A. 2C:35-3, commonly referred to as the “kingpin” offense. As to the … in the trial court’s general kingpin instruction, which comports with the statute and interpretive case law. (pp. … “need not have any specific configuration or chain of command.” Alexander, 136 N.J. at 575. It was unnecessary for …
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… 144 First Holdings LLC to construct a new mixed-use commercial and residential building on a vacant lot located … counsel summarized the application for the Board, noting it complied with all of the requirements of both the … development ordinance. He testified the rooftop structures complied "with all area requirements for enclosed amenity …
njcourts.gov
… 2C:11-3(a)(1)(2) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) … jury instruction. The court found that defendant did not comply with the notice requirements under Rule 3:12-2 but … OF AN ILLEGALLY INCORRECT BASIS TO FIND DEFENDANT GUILTY, COMBINED WITH JURY INSTRUCTIONS THAT WERE INSUFFICIENT TO …
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… in November 2021. In April 2022, they filed a class action complaint alleging in part that IEW violated the WHL and … The trial judge properly dismissed the portions of the complaint relying on Chapter 212 but arising from conduct … the new provision attaches new legal consequences to events completed before its enactment.” 511 U.S. 244, 269-70 …
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… REVERSIBLE ERROR. 3 A-3756-15T2 POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY PRECLUDING STAR FROM … HAD NOT PROVEN HER NJCFA CLAIM. POINT III THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY REFUSING TO DECERTIFY A CLASS EVEN THOUGH COMMON ISSUES DID NOT PREDOMINATE OVER INDIVIDUAL ONES. …
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… from a November 1, 2017 final agency decision of the Commissioner of the Department of Environmental Protection … is the largest radon measurement business in the State. The Commissioner's final decision followed proceedings before … home 3 A-1777-17T3 inspection businesses and perhaps other companies who actually employ such field workers. RDI …
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… 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 … deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… JAMES and GENA JAMES, Plaintiffs, and PRECAST MANUFACTURING COMPANY, L.L.C. and GPF LEASING, L.L.C., … JAMES and GENA JAMES, Plaintiffs, and PRECAST MANUFACTURING COMPANY, L.L.C. and GPF LEASING, L.L.C., … CORREA, Plaintiffs-Appellants, and PRECAST MANUFACTURING COMPANY, LLC and GPF LEASING, L.L.C., …
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… v. RETROFITNESS, LLC, ABC FINANCIAL SERVICES COMPANY, INC., Z TIMES THREE, LLC, d/b/a RETROFITNESS OF … and having undertaken a qualitative assessment of the common and individual questions presented by those claims, … A. The parties are a fitness facility franchisor, a finance company, four franchisees, and individuals who signed health …
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… Industry Association, The New Jersey Chapter of NAIOP, The Commercial Real Estate Development Association, New Jersey … At issue in these appeals is whether the DEP substantially complied with the procedural requirements for rulemaking … extended the May 3, 2019, deadline for submission of public comments to June 3, 2019. 5 A-3545-19 On March 4, 2020, the …
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… door opened, Reilly smelled the "strong odor of marijuana coming from inside the vehicle[,]" and he called for backup. … yelled "gun" upon discovering a handgun inside the glove compartment. Defendant and Calo were then placed under … Bogert retrieved the handgun from the vehicle's glove compartment, secured the gun, and later brought it to police …
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… with a forty-year period of parole ineligibility, comprised of two consecutive sentences. The convictions … became aware of the criminal conduct, an investigation commenced that included consensual telephonic interceptions … sex acts for money in Rockaway Township. Haigh then accompanied S.B. to the Rockaway Township Police Department,4 …
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… undisturbed. Plaintiff was released from prison and commenced this action against defendant, State of New … by clear and convincing 3 A-4816-14T2 evidence "he did not commit the crime for which he was convicted" as a matter of … served all or any part of his sentence; and b. He did not commit the crime for which he was convicted; and c. He did …
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… December 2, 2020 – Decided February 24, 2021 Before Judges Fuentes, Whipple and Firko. On appeal from the Tax Court of … as well as flood hazard areas. The Toms River Chemical Company developed 320 acres of the property for the … in 1952 and was "scaled back" in the early 1980's, when the company was acquired by CIBA. On April 24, 1989, the EPA …
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… no fatal procedural errors and plaintiff provided no competent evidence of wrongful conduct on the part of … which were sent to all beneficiaries after they were completed. Decedent's estate also contained multiple … to be liquidated and distributed to the estate as taxable income. While the accounts qualified for a five-year deferred …
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… arguments on appeal: POINT I THE PROSECUTOR'S IMPROPER COMMENTS CONSTITUTE PROSECUTORIAL MISCONDUCT AND PLAIN ERROR … PROCEEDINGS. (Raised Below) POINT III THE PROSECUTOR'S COMMENTS DURING SUMMATION AND CROSS-EXAMINATION CONSTITUTES … judge's sentencing determination is deferential, State v. Fuentes, 217 N.J. 57, 70 (2014), and "review of the length …
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… and Corrupt Organizations Act, 18 U.S.C.A. §§ 1961 to 1968, commonly known as the RICO Act or RICO. State v. Ball [Ball … JURORS AGAINST THE DEFENDANT BY [ITS] INFLAMMATORY COMMENTARY AND IMPROPER REFERENCES[.] A. The State Relied upon Inappropriate Comments and Inferences Throughout [Its] Entire Opening …
njcourts.gov
… by failing to sua sponte hold a hearing to determine his competency to stand trial. He also challenges his sentence, … March 5 and April 2, 2014. The indictment alleged defendant committed armed robberies, two carjackings, theft of three … voluntarily" with a full understanding of the plea form he completed and signed, and the maximum sentence and penalties …