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- A-42-12 Opinionnjcourts.gov… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … in the proceedings only through counsel. Therefore, in future SVPA hearings, including D.Y.’s hearing on remand, … reported to the court that the State had failed to have its designated expert interview D.Y. within five days of the …
- A-27-12 Opinionnjcourts.gov… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … with a four-year parole disqualifier and imposed all requisite fines and penalties.1 The remaining charges in the … of intruders; or (3) Fencing or other enclosure manifestly designed to exclude intruders. [N.J.S.A. 2C:18-3(b).]3 This …
- A-53-14 Opinionnjcourts.gov… a “tail policy.” In October 2012, Mortgage Grader filed a complaint against W&O, Olivo, and Ward alleging legal … court also determined that W&O failed to maintain the requisite insurance pursuant to Rule 1:21-1C, which provides that … to obtain malpractice insurance should carry into the future by requiring law-firm LLPs to maintain insurance …
- A-51-14 Opinionnjcourts.gov… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her … 437 N.J. Super. 339 (App. Div. 2014). Michele A. Adubato, Designated Counsel, argued the cause for appellant (Joseph … (holding “[t]he evidence necessary to establish the requisite bona fide doubt as to a defendant’s competence is …
- A-24-14 Opinionnjcourts.gov… the police, under certain circumstances, to intercept communications on a newly discovered telephone facility used … was the target of five wiretaps; co- defendants Jessie Morales and Santos Cuevas were the targets of the other … by the Attorney General or county prosecutor or a person designated to act for such an official and to perform his …
- A-13-14 Opinionnjcourts.gov… on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … apartment was July 5, 2006. The record does not contain irrefutable evidence to support that assumption. However … Public Defender, attorney; Ms. Kyles and John V. Saykanic, Designated Counsel, on the briefs). JUSTICE ALBIN delivered …
- A-99-13 Opinionnjcourts.gov… A new trial is warranted only where the jury could have come to a different result had it been correctly instructed. … but a special application of foreseeability principles in recognition of the extraordinary risks that arise … results from the business’s method of operation, which is designed to allow patrons to directly handle merchandise or …
- A-86-13 Opinionnjcourts.gov… defendant, who received the ticket in South Carolina and visited relatives in Florida, defendant’s trial counsel did … additional testimony would not have altered the trial’s outcome. The Appellate Division affirmed in an unpublished … In defendant’s view, that evidence would have been easily refuted had defendant’s trial counsel presented the testimony …
- A-4-19 Opinionnjcourts.gov… SOLOMON, J., writing for the Court. Child Sexual Abuse Accommodation Syndrome (CSAAS) includes five “preconditions” … to any cases still on direct appeal, as well as to future cases; or complete retroactive effect. That … than to forestall certain conduct going forward -- it was designed to enhance the reliability of the factfinding …
- A-2-19 Opinionnjcourts.gov… appeal, the Court reviews the Public Employment Relations Commission’s (PERC) decision that the employees’ health … school districts negotiate contracts on different schedules, and that the statute’s impact would vary from district … of the Association, thus usurping the role of PERC and the designated arbitrator. 18 B. The Association disputes the …
- A-96-18 Opinionnjcourts.gov… court issued a written opinion, stating that Smith would be compelled to testify at trial and that if she refused to … Public Defender, on the briefs). 2 Michael Confusione, Designated Counsel, argued the cause for respondent Tyleek … Smith recounted that several days earlier, Greene had visited her. According to Smith, her grandson, while sobbing, …
- A-72-18 Opinionnjcourts.gov… Amendment to the United States Constitution or New Jersey’s common law or statutory protections against … and texted him the license plate number of one of the vehicles Lowery believed was following him. According to Lowery, … which run an operating system named iOS. Numerical names designate different versions of the operating system (e.g., …
- A-55-18 Opinionnjcourts.gov… N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles, the Court holds that Investors had the right as an … action was defective because the NOI prematurely designated Investors as the lender two months before …
- A-8/9-18 Opinionnjcourts.gov… and the drug-induced death in another state, the requisites for territorial jurisdiction have been satisfied. (pp. … an element of the offense” refers to but one element of a completed crime. In contrast, the term “conduct charged” … is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction …
- A-79-17 Opinionnjcourts.gov… the jury on the elements of second-degree kidnapping as a lesser-included offense of first-degree kidnapping, the … and that certain sentences arising from crimes committed in the same criminal episodes should run … intended for recordation of the jury’s verdict and is not designed to supplement oral jury instructions”). Thus, …
- A-73-17 Opinionnjcourts.gov… DNA sample, along with the approximately twenty other samples collected from local homeless individuals, to the State … further pointed to other investigatory failings or shortcomings, citing as “shocking” the failure to interview … Jura, of counsel and on the brief, and Laura C. Sutnick, Designated Counsel, on the brief). Alexander Shalom argued …
- A-26-12 Opinionnjcourts.gov… and Maryann James v. New Jersey Manufacturers Insurance Company (A-26-12) (071344) Argued October 7, 2013 -- Decided … commercial motor vehicle liability policy to provide less uninsured or underinsured motorist coverage (UM/UIM … retroactive application if it is “curative,” that is, designed to “remedy a perceived imperfection in or …
- A-18-12 Opinionnjcourts.gov… role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … discretion of prior law with a structured discretion designed to foster less arbitrary and more equal sentences.” … process conducted by the sentencing court, and a prerequisite to effective appellate review. V. 19 This appeal …
- A Promise Unfulfilled Documentnjcourts.gov › edit week 2 appellate calendar… In Batson v. Kentucky, the Supreme Court attempted to accommo date the goals of empaneling an impartial jury and … jurors for racial reasons alone.32 The Supreme Court revisited the peremptory challenge system in Batson v. Kentucky. … "exercising [the peremptory] challenges may support or refute an inference of discrimina tory purpose."40 Once the …
- A-91-15 Opinionnjcourts.gov… the constraints on her freedom of movement from having become the focus of law enforcement attention. Accordingly, an … U.S. Const. amend. IV; N.J. Const. art. I, ¶ 7. Warrantless searches and seizures presumptively violate those … 572 (1988) (explaining that “reasonable person” test is designed to evaluate effect of officer conduct “taken as a …