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- A-30-21 Opinionnjcourts.gov… summarize all portions of the opinion. Linden Democratic Committee v. City of Linden (A-30-21) (086255) Argued April … to Nicholas P. Scutari, Chairman of the Linden Democratic Committee, alerting him to Yamakaitis’s resignation and to … Chairman Scutari advised the city clerk that the Democratic Committee had met and selected three candidates, including …
- A-2-21 Opinionnjcourts.gov… applies wherever “there is a nexus between self-service components of the defendant’s business and a risk of injury … containers, not grapes, on the display. The Court finds it compelling that Sam’s Club elected not to sell grapes in … more accidents, and an increased number of blameless and uncompensated victims. In Justice Albin’s view, Jeter was …
- A-54/55-20 Opinionnjcourts.gov… them of the opportunity to construct an affordable housing complex on a property in Monroe Township. Schwartz had … 322, LLC with a developer to build a market-rate rental and commercial development on the property. Plaintiffs contend … and Brad Ingerman and MBI Development Company, Inc., Defendants. Larry Schwartz, …
- A-25-20 Opinionnjcourts.gov… pled guilty to second-degree aggravated assault based on accomplice liability. His prison intake form indicated that … the sentence “actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing … a clear mandate by the Legislature that those who commit the most violent of crimes must serve 85% of the …
- A-18-20 Opinionnjcourts.gov… appeal, the Court considers whether a records request for complaint- summonses from a municipal police department is … N.J.S.A. 47:1A-1 to -13. The key question is whether the complaint- summonses -- electronic records populated with … City of Millville Police Department (collectively, MPD) for complaint-summonses, known as CDR-1s, for certain classes of …
- A-11-20 Opinionnjcourts.gov… police station call means that the Piscataway police had to comply with the warrant requirement of Article I, Paragraph … The police arrested Rasheem McQueen for allegedly committing certain offenses and brought him to the police … ACLU, ACDL, and Center for Social Justice) echo many of the points made by the panel majority. They assert that the …
- A-9-20 Opinionnjcourts.gov… or prior juvenile adjudications. Pretrial Services recommended that both be released with monthly reporting. The … to appear and new criminal activity. Pretrial Services recommended that Lopez-Carrera be released on his own … that conclusion. The key word, “appearance,” commonly points to acts or ac tions people choose to take, not …
- A-83/84/85-18 Opinionnjcourts.gov… for several luxury high-rise apartment buildings, multiple commercial retail units, parking garages, a park, and a … prevailed in that suit. The City also filed suit to compel the construction of tennis facilities per the … Z-263 as something other than a zoning ordinance. Shipyard points out that Z-263 changes the permitted uses in V Zones …
- A-59-18 Opinionnjcourts.gov… that experienced burglars often purchase new tools before committing a burglary because paint chips can yield a … if there is probable cause to believe that a crime has been committed and to protect citizens against unfounded criminal … evidence to establish probable cause that a crime has been committed and that the accused committed it. That said, …
- 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 … but not to supplant New Jersey assignment statutes and common law in the setting of this appeal or to preclude an … that it was assigned the note before it filed the original complaint. (pp. 14-18) 2. When it enacted New Jersey’s …
- A-19-18 Opinionnjcourts.gov… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … Constitution. In June 2012, D.S. filed a domestic violence complaint against defendant James Hemenway and requested a … goal of protecting domestic violence victims must be accomplished while abiding by well-established constitutional …
- A-8/9-18 Opinionnjcourts.gov… an element of the offense” refers to but one element of a completed crime. In contrast, the term “conduct charged” suggests a completed crime -- all the elements necessary to constitute … of the legislative declarations codified as part of the Comprehensive Drug Reform Act of 1987, see N.J.S.A. …
- A-77-17 Opinionnjcourts.gov… into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent … that alleged error, coupled with the prosecutor’s improper comments linking defendant to the vehicles shown in those … segment during his closing remarks, and the prosecutor’s comments were reasonable and fair inferences supported by …
- A-70-17 Opinionnjcourts.gov… of child pornography separate from those found on his computer. At Miller’s sentencing hearing, the trial judge … victim; aggravating factor three, the risk defendant will commit another offense; and aggravating factor nine, the … “were independent of one another, involv[ing] separate acts committed at different times.” The Appellate Division …
- A-68-17 Opinionnjcourts.gov… N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of this appeal, which involves … public officials provide disinterested service to their communities and to promote confidence in the integrity of … Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-69; and the common law, which is now codified in those conflict statutes …
- A-71-16 Opinionnjcourts.gov… A review board evaluated applications and made recommendations to the Freeholder Board, which approved final … Morris County resident and taxpayer, (plaintiffs), filed a complaint in Superior Court that named the Freeholder Board, … the state court.” After the remand, plaintiffs amended the complaint to include the twelve churches as defendants …
- 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 … [disability],” allocated among lower back, shoulder, and neurological injuries, for 180 weeks at a rate of $252.90 per …
- A-85-15 Opinionnjcourts.gov… Realty Group Cedar v. Travelers Excess and Surplus Lines Company (A-85-15) (077617) Argued January 31, 2017 -- … LLC (collectively, Oxford) own and manage an apartment complex located on in Long Branch, New Jersey (the … contract with defendant Travelers Excess and Surplus Lines Company (Travelers) to insure the Property. The Property …
- A-28-15 Opinionnjcourts.gov… he underwent multiple, serious surgeries to address complications from this condition. McCarrell was prescribed … the landscape of choice-of-law jurisprudence and compelled the application of Alabama’s statute of … vacated the jury’s verdict and award, dismissed McCarrell’s complaint as untimely, and did not reach the remaining …
- A-6-15 Opinionnjcourts.gov… but nonetheless proceeds to make optional advances to a commercial entity. On July 12, 1995, Jazz Photo Corp., one of several commercial entities (collectively referred to as the Jazz … guaranty. The mortgage secured “all sums due or that may become due under this Mortgage, the Guaranty and other Loan …