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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … the Court observes that hearsay is inadmissible unless it fall into one of certain recognized exceptions. To … were admitted into evidence despite the lack of requisite foundational documents. The cumulative effect of the …
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… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., … (a)(2). In addition, defendant was acquitted of the lesser-included offense of false imprisonment, N.J.S.A. … and to the extent that mens rea is a constitutional prerequisite, defendant’s “purpose to harass” satisfied that …
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… policy on an employee’s claims of negligence or recklessness and vicarious liability; and (2) the definition of … occasions, and, on one occasion, Hill made inappropriate comments toward her and directed a female officer to … of sexual harassment, and plaintiff did not file a written complaint with the DOC. On March 8, 2010, the DOC’s Equal …
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… applied only to the murder charge but not to the lesser-included charges of aggravated manslaughter and … where recklessness or negligence establish the requisite mental element of a charged crime. Although this Court … supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned …
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… member, Saccone receives a pension and other benefits in recompense for his service. His wife and son are entitled to … An agency’s determination on the merits will be sustained unless there is a showing that it is arbitrary, capricious, or … assistance. Even if a check payable to Anthony were deposited into a trust fund established for Anthony, the …
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… v. Reginald Roach (A-129-11) (068874) [NOTE: This is a companion case to State v. Julie L. Michaels, also filed … thighs, and slides were prepared from the swabs. Those samples, along with H.H.’s clothes, were sent to the State … her duties at the State Lab, discussing the lab’s accreditation, explaining the basic principles of DNA …
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… instruction is a trial error that is amenable to the harmless-error doctrine, or a structural error that constitutes … On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … committed the acts charged in the indictment with the requisite criminal intent.” Ibid. Relying on its understanding of …
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… the lyrics was written, the State concedes that many were composed before the circumstances underlying the instant … was his assailant. During closing arguments, the prosecutor compared the “street code” to a “subculture of violence,” … majority also believed that the State had access to other, less prejudicial, evidence concerning defendant’s motive and …
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… have been summarized.) State of New Jersey v. Byseem T. Coles (A-15-12) (070653) Argued October 22, 2013 – Decided May … and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. …
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… or that defendants were trespassers, justifying a warrantless search of the house. On May 12, 2010, based on … if they were trespassers; they would not have the requisite possessory or proprietary interest in the property to … a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who …
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… but did not seek assistance. He agreed that he acted recklessly and with extreme indifference to human life, admitted … role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … process conducted by the sentencing court, and a prerequisite to effective appellate review. V. 19 This appeal …
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… Agreement" (2004 Agreement) 1 Biomet, Inc., EBI's parent company, was previously dismissed from the proceedings. … the subsequent motions, had no basis to A-5417-11T4 24 discredit it. The possibility of bias was simply not enough for … requires as to contractual intent. Savarese is inapposite, however, because the 2004 Agreement is not a life-time …
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… v. STATE OF NEW JERSEY, STATE OF NEW JERSEY MOTOR VEHICLE COMMISSION, Defendants-Respondents, and OFFICE OF THE NEW … an employee in a provisional title who had passed the requisite exam not to be made permanent. 3 See In re Foglio, ___ … could not be used both to establish causation and to discredit the MVC's proffered nondiscriminatory reasons for her …
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… after being terminated from her four-year employment as a sales representative for East Coast News Corp. (ECN), a … Longo claimed her termination was in retaliation for her complaints about fellow-salesman, Marc Kercheval, whose … restated this view, describing as an "essential prerequisite[]" to an award of punitive damages upper management's …
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… MODS AND REPAIR, INC., Plaintiffs-Appellants, v. DAVID MOLESKI, ROBERT COAKLEY, SPIRIT FLIGHT AIRWAYS, INC., and ONE … I. On February 27, 2008, plaintiffs filed an amended complaint against defendants alleging breach of contract in … part of our common law"). Furthermore, both cases are inapposite as they involved debt collection agencies separate and …
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… plaintiff ADP, LLC. Each defendant was a top- performing sales representative. To award and incentivize their success, … several years. The RCA included non-solicitation and non-compete provisions that restricted an employee from soliciting ADP's clients and competing with ADP upon leaving the company. The defendants …
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… (David A. Gies, Designated Counsel, on the briefs). Charles A. Fiore, Gloucester County Prosecutor, attorney for … After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … to prevent him from testifying against defendant in an upcoming trial for attempted murder of Mosley. The other …
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… "always" outside, unsupervised, and ate dry, uncooked noodles. The harm alleged was substantial risk of physical … children to adoption in January 2015 and a guardianship complaint was filed in February 2015. Thereafter, the … 12, 2016. Eric appeared on the next hearing date. He had completed the paternity test on the previous day. Both Eric …
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… convictions after a jury trial. She was found guilty of the lesser-included offense of second-degree vehicular homicide, … The trial judge during the difficult and lengthy trial committed no reversible error. Out of an abundance of … experienced difficulty with her children, whom she visited regularly, and struggled to support herself. Defendant …
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… 30, 2018 The Tax Court of New Jersey R.J. Hughes Justice Complex P.O. Box 972 25 Market Street Trenton, New Jersey … Court cases, many of which were tax- related cases. Examples of the types of Superior Court cases which are … unpublished opinions are available on the judiciary’s website for a period of two weeks, after which they are …