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- 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 …
- A-22/53-19 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-8-19 Opinionnjcourts.gov… real property within New Jersey is subject to taxation unless it qualifies for a statutory exemption. N.J.S.A. … restaurant provides students and members of the University community “an alternative dining experience”; Gourmet … on the University grounds and provides the University with compostable waste. 459 N.J. Super. 323, 327, 334-35 (App. …
- A-69-18 Opinionnjcourts.gov… concluding that “public defenders are public employees that come within the TCA’s immunities and defenses” and that … extent that a private person would be liable for same, unless an immunity attaches. It is well recognized that, … includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any …
- 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 … but not to supplant New Jersey assignment statutes and common law in the setting of this appeal or to preclude an …
- A-77-17 Opinionnjcourts.gov… prosecutor improperly linked defendant to one of the vehicles shown in the video. The Texas Fried Chicken and Pizza … followed in a black Cadillac. He also asked the jury to discredit her testimony because “she [didn’t] see all the … into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent …
- 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 … of another swab. Moving on to the State’s application to compel defendant to provide a new buccal swab under Rule …
- A-57-16 Opinionnjcourts.gov… may not have been summarized.) David Spade v. Select Comfort Corp. (A-57-16) (078611) Argued November 8, 2017 -- … (Select Comfort). They allege that Select Comfort’s sales contract included language prohibited by N.J.A.C. … must prove: that the defendant was a “seller, lessor, creditor, lender or bailee or assignee of any of the …
- A-20-16 Opinionnjcourts.gov… required him to execute an agreement entitled “Worker’s Comp Disclaimer” (Disclaimer) as a condition of his … or related to injuries which are covered under the Workers’ Compensation statutes.” Allied Barton assigned Vitale to … addressed in section 40. (pp. 21-25) 5. Applying the principles set forth in Rudbart, Stelluti and Rodriguez, the …