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- A-4034-17T4 Opinionnjcourts.gov… (count one), for causing the death of Donna Wine while recklessly operating his vehicle while intoxicated within 1000 … became mentally alert, oriented, and able to follow commands. Defendant could not recall anything about the … David Ware from the Passaic County Prosecutor's Office visited defendant at St. Joseph's and asked for his consent to …
- A-5071-13T1/A-1056-14T1 Opinionnjcourts.gov… with surveillance and the seizure of evidence, was compelling. We have consolidated their appeals and now … Holdren was charged with second-degree conspiracy to commit armed robbery of J.H., N.J.S.A. 2C:5-2 (count 1 The … COUNTS IN THE INDICTMENT WAS ERROR. POINT II THE WARRANTLESS SEARCH OF THE MITSUBISHI GALANT VIOLATED THE 7 …
- A-2891-17T1 Opinionnjcourts.gov… convicted of felony- murder, armed robbery, conspiracy to commit robbery, and related weapons offenses for his … man was carrying a shotgun. A police artist drew composite sketches of the suspects based on her descriptions, but … version rang true. Obviously, the prosecutor sought to discredit defendant's belated story. In that regard, he was …
- A-3702-18T1 Opinionnjcourts.gov… effect on the cared-for individual results from the obstacles it creates for health care providers striving to … disorder/symptoms-causes/syc-20356028 (last visited Oct. 15, 2020). 4 A-3702-18T1 expressed by Judge Terence P. Flynn in his comprehensive and thorough sixty-page oral decision that he …
- njcourts.gov… Family Part, Somerset County, Docket No. FM-18-0528-11. Charles C. Rifici argued the cause for appellant (Rotolo Karch … he appointed Dr. Suneeta Sayyaparaju, a psychiatrist recommended by Alice's school, to perform an independent … defendant lacked funds for the appointment. Counsel also posited Dr. Merritt A. Hubsher as an alternate psychiatrist.5 …
- A-4313-17T3 Opinionnjcourts.gov… from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-1273-14. Richard Armen Mc Omber argued the cause for appellant (McOmber & McOmber, PC, attorneys; Richard Armen Mc Omber, … [her] cubicle again" and complained when other employees visited plaintiff. Although plaintiff claimed that McGrath's …
- A-5586-13T2 Opinionnjcourts.gov… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 13-06-0880. Joseph E. Krakora, … how the victim was afraid of defendant, who had made sexual comments to her and tried to get in her house. The neighbor … protect possible evidence connected with the foul deeds." Commonwealth v. Cross, 496 A.2d 1144, 1150 (Pa. 1985). …
- A-28-21 Opinionnjcourts.gov… is represented by counsel in this appeal, he has nevertheless submitted a pro se supplemental brief that raises a … his right hand, and with his left hand "ordered" May to come down to the sidewalk where he was standing. Defendant … that after he was "fully" awake, he heard a female voice coming from the first-floor hallway yelling, "[n]o, stop." …
- A-15-21 Opinionnjcourts.gov… during a custodial interrogation, questioning must cease unless the accused initiates further communication or conversation, counsel is made available, or … was taken to a local hospital. That evening, detectives visited Rivas in the hospital. After reading Rivas his Miranda …
- A-65-20 Opinionnjcourts.gov… Court. In this appeal, the Court considers whether crimes committed by a defendant while under the age of eighteen may … counts of first-degree robbery in 1990. In February 1996, less than three years after his release from prison, … as an adult and that Miller and Zuber were therefore inapposite. The court further noted that defendant had his …
- A-54/55-20 Opinionnjcourts.gov… them of the opportunity to construct an affordable housing complex on a property in Monroe Township. Schwartz had … in which it has no experience and should bar that claim unless it can be proven with reasonable certainty. The Court … upon which to estimate lost profits with the requisite degree of reasonable certainty,’” but that “there is no …
- A-52-20 Opinionnjcourts.gov… April 19, 2013, when pre-school teachers at the Livingston Community Center observed a man dressed in camouflage, … or do nothing. . . . [H]e is YOUR employee . . . .” Nevertheless, Meade testified that certain members of the Council … returned to patrol. Chief Handschuch and Sergeant Hanna visited the pre- school classrooms to apologize for the …
- A-19-20 Opinionnjcourts.gov… did not appear intoxicated. Gonzalez’s Estate filed a complaint against the City of Jersey City, the JCPD, and … the highway and two of those passengers were struck by vehicles and killed. 171 N.J. Super. 1, 5-10 (App. Div. 1979). … “for the exercise of discretion when, in the face of competing demands, [the public entity or employee] …
- A-5-20 Opinionnjcourts.gov… approval for disability retirement.” Pritchett filed a complaint alleging the State violated the New Jersey Law … Baker, 161 N.J. at 231. (pp. 23-26) 3. The Court singles out two matters of significance to this appeal: Lockley … 160 N.J. 221, 242-43 (1999))). To ensure that requisite relationship, the Appellate Division stated courts are …
- A-70-19 Opinionnjcourts.gov… for the Court. The Court considers whether the State can be compelled to search its file to determine the existence of … -- are not granted automatically under either the Court Rules or Brady. Rather, post-verdict discovery requests fall … Brady materials. Here, defendant has not made the requisite showing that the requested material should be …
- A-53/22-19 Opinionnjcourts.gov… before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the Borough violated their constitutional, statutory, and common law rights to reclaim their property. The trial court … Realty Partnership, John Winberry, Mary Lourdes Winberry, Celeste Winberry, and Gregory Winberry, …
- A-49-19 Opinionnjcourts.gov… incident related to the County’s selection of workers’ compensation counsel in 2014. Plaintiff testified that, … County’s contract with Ballard Spahr was not the result of competitive bidding and was “non-fair” and “non-open.” … Spahr’s invoice and advised County counsel they did not comply with competitive bidding requirements. 2 On July 14, …
- A-39-19 Opinionnjcourts.gov… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … sex offenses -- without violating ex post facto principles as to those predicate offenses. 2 1. In Doe v. Poritz, … this Court. 9 In a joint brief, defendants take the opposite view. Defendants argue that the 2007 amendment to …
- A-31-19 Opinionnjcourts.gov… with Gideon’s trial testimony. The PCR court nevertheless granted Gideon’s petition. The State appealed, and the … to the credibility issue raised by Bey’s failure to come forward in support of Gideon’s alibi until roughly five … or work, was seen by anyone in South Carolina, or ever visited Florida. Id. at 586. To counter that sparse evidence, …
- A-28-19 Opinionnjcourts.gov… 240 N.J. 159 (2019). HELD: The Court affirms settled principles of law that require trial judges to conduct a “reasoned, … failing to act with reasonable diligence. Sixth, no other competent counsel was prepared to try the case: defendant … not yet approached his family or private counsel. As to the complexity of the case, the eighth factor, no defendant can …