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njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … and even if they did initially, the probable cause had become stale. He argues: BECAUSE THE STATE DID NOT ESTABLISH … and a false DOB." The troopers checked those names in the computer system and "[n]o results were produced." Trooper …
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njcourts.gov
… on the burden-shifting template in In re D.T., 229 N.J. Super. 509, 517 (App. Div. 1988), the court held that, after … a child, N.J.S.A. 9:6-8.46(b)(1), and the Judiciary has no commission to exercise equitable powers to alter the … -- consistent with traditional res ipsa principles embodied in N.J.S.A. 9:6-8.46(a)(2).10 Nevertheless, DCPP argues …
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njcourts.gov
… Division reversed and remanded for a new hearing. 455 N.J. Super. 492, 506-07 (App. Div. 2018). The Court granted … to waive them. Because A.A.’s inadmissible statements comprised a substantial part of the proofs against him, a … 15-16) 4. Juveniles receive heightened protections when it comes to custodial interrogations for obvious reasons. …
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njcourts.gov
… and the special policy, both of which satisfy New Jersey’s compulsory insurance requirements. In this case, the Court … previously required amounts -- namely $15,000/$30,000 in compulsory minimum BI liability -- to the level of the basic … Third-Party Defendant-Appellant. 2 On certification to the Superior Court, Appellate Division. Argued September 24, …
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njcourts.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, … the denial of Hemenway’s motion to suppress. 454 N.J. Super. 303, 307 (App. Div. 2018). The Court granted … Violence Act provides access to both civil and criminal remedies and sanctions. One such remedy is to prevent a person …
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njcourts.gov
… brought by a nonprofit foundation under OPRA and the common law right of access to government documents. Two … and remanded for further proceedings. 452 N.J. Super. 56, 96-97 (App. Div. 2017). The court concluded that … improperly broadened the definition of “student record” embodied in N.J.A.C. 6A:32-2.1 to extend beyond “information …
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njcourts.gov
… switching to witness mode, he set the witness up at a computer, explained how to scroll through photos with six on … for the trial judge to consider the full range of remedies in Rule 3:11(d). The Court granted the State’s motion … Defendant-Respondent/Cross-Appellant. On appeal from the Superior Court, Appellate Division. Argued January 2, 2019 …
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njcourts.gov
… medical record turned over in discovery. Plaintiff filed a complaint alleging deviations from standards of medical care … legislation and hospital policy. Plaintiff made a motion to compel discovery of the identities of the CMH committee or … Division reversed the trial court’s order. 448 N.J. Super. 404, 408, 419 (App. Div. 2017). The appellate panel …
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njcourts.gov
… housing need that arose for persons in low- and moderate-income households formed during the sixteen-plus years since … and eliminated the FHA’s exhaustion-of-administrative-remedies requirement. In re N.J.A.C. 5:96 & 5:97 (Mount Laurel … discrete” component of the Third Round obligation. 446 N.J. Super. 259, 267 (App. Div. 2016). In rejecting the trial …
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njcourts.gov
… the constraints on her freedom of movement from having become the focus of law enforcement attention. Accordingly, an … a field inquiry and an investigative detention always comes down to whether an objectively reasonable person would … 28, 2017 – Decided June 6, 2017 On certification to the Superior Court, Appellate Division. Laura B. Lasto, …
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njcourts.gov
… police officer. Defendant was charged in a warrant complaint with possession of marijuana with intent to … charging defendant with the offenses in the warrant complaint. Defendant then appeared pro se in municipal court … asked the municipal court judge, “why they got me going to Superior Court for this, Your Honor?” The judge then …
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njcourts.gov
… a “tail policy.” In October 2012, Mortgage Grader filed a complaint against W&O, Olivo, and Ward alleging legal … malpractice. The Appellate Division reversed. 438 N.J. Super. 202 (App. Div. 2014). The panel held that the trial … also noted that Rule 1:21-1C(a)(3) states that the only remedies for an LLP’s failure to maintain malpractice insurance …
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njcourts.gov
… discrimination in jury selection. In July 2005, defendant committed a series of shootings, killing one man and … the jury convicted defendant of two counts of conspiracy to commit murder, and one count each of attempted murder, … of conviction and remanded for a new trial. 437 N.J. Super. 266 (App. Div. 2014). The panel found that the …
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njcourts.gov
… effective defense, to assert the right to confrontation and compulsory process of witnesses, and to due process -- in … instructions,” would violate her right to privacy. 467 N.J. Super. 359, 369 (App. Div. 2021). The Court granted leave to … and assistance in accessing specialized mental health services; protection from further violence; other …
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njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … with his fingers. Defendant would stop if he heard someone come to the door. Ann said "it hurted" when she tried to go … of each and every offense beyond a reasonable doubt. Ladies and gentlemen, you go back into the jury room, bring …
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njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … primary election prescribed by Executive Order 144 did not comport with the federal constitution, we conclude that … Clause encompasses more than just legislative lawmaking bodies. In Arizona State Legislature v. Arizona Indep. …
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njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … the trial court "should have considered alternative remedies," such as a jury instruction about the mother's …
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njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … On January 15, 2016, M.B. logged onto defendant's desktop computer and found a video that showed defendant and M.P. …
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njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … THE JUDGE SUBSTITUTED A JUROR AND DIRECTED THAT THE JURORS COMMENCE THEIR DELIBERATIONS FROM THE BEGINNING, HE … maybe beyond a reasonable doubt is about 75 percent, ladies and gentlemen. Now think about that number, 75 percent. …
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njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …