-
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, … 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 …
-
njcourts.gov
… brought by a nonprofit foundation under OPRA and the common law right of access to government documents. Two … Id. at 82-83. It ruled that the documents would comprise “student records” within the meaning of N.J.A.C. … has been stripped of personally identifiable information in compliance with federal law. Justice Patterson notes that …
-
njcourts.gov
… switching to witness mode, he set the witness up at a computer, explained how to scroll through photos with six on … an identification through “mugshot exposure” and “mugshot commitment.” Id. at 255-56. The Court in Henderson therefore … adoption of Rule 3:11. Recent technological developments complicate the analysis in those opinions, and none of those …
-
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 committees that reviewed plaintiff’s case; …
-
njcourts.gov
… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … few days later at a family meeting, everyone present made a compact to keep the incident secret and to answer any … relating to the disappearance of Jon-Niece. Law enforcement compared Iyonna’s DNA and the DNA of Jon-Niece’s father, …
-
njcourts.gov
… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … few days later at a family meeting, everyone present made a compact to keep the incident secret and to answer any … relating to the disappearance of Jon-Niece. Law enforcement compared Iyonna’s DNA and the DNA of Jon-Niece’s father, …
-
njcourts.gov
… housing need that arose for persons in low- and moderate-income households formed during the sixteen-plus years since … of [their] fair share” of the region’s low- and moderate-income housing. In 1985, the Legislature codified that … to -329, and creating COAH to facilitate and monitor compliance with the constitutional mandate through the …
-
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 … to explore a suspicious scenario and ensure that the community and officers are safe, and no crime is being …
-
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 … test in this case; going forward, for offenses committed after the issuance of this opinion, the …
-
njcourts.gov
… a “tail policy.” In October 2012, Mortgage Grader filed a complaint against W&O, Olivo, and Ward alleging legal … court first determined that Mortgage Grader had failed to comply with the statutory requirement to serve an AOM on each defendant named in the complaint, and rejected its substantial compliance argument. …
-
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, … pattern of the use of peremptory challenges, and the composition of the jury ultimately selected to try the case. …
-
njcourts.gov
… statutory limitations established by N.J.S.A. 54:51A-6(a), commonly known as Chapter 123. I. Procedural History … the court that both of their experts had rejected the Sales Comparison and Income Capitalization Approaches to value, … square feet. The third improvement on Lot 3 is a truck refueling station which consists of nine double- sided diesel …
-
njcourts.gov
… effective defense, to assert the right to confrontation and compulsory process of witnesses, and to due process -- in … he denied -- without being asked about the attack -- having committed “the rape” but identified himself as the man shown … and authorities that must be considered in balancing the competing interests and rights of a sexual assault victim …
-
njcourts.gov
… primary election prescribed by Executive Order 144 did not comport with the federal constitution, we conclude that … for the United States to aid the nation's healthcare community in responding to COVID-19, Governor Philip D. … the state Coronavirus Task Force, to be chaired by the Commissioner of the New Jersey Department of Health (DOH), …
-
njcourts.gov
… DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … I, PARAGRAPH 10]. 6 A-1137-17T3 A. THE SENTENCING JUDGE COMMITTED AN ABUSE OF DISCRETION IN ERRONEOUSLY ATTRIBUTING … the victim's personal belongings, including her cell phone, computer, credit cards, identification, and the bloody bed …
-
njcourts.gov
… THE JUDGE SUBSTITUTED A JUROR AND DIRECTED THAT THE JURORS COMMENCE THEIR DELIBERATIONS FROM THE BEGINNING, HE … THE POSSIBILITY THAT THE NEWLY RECONSTITUTED JURY COULD COMMENCE ITS DELIBERATIONS ANEW BY THEN PROCEEDING TO … N.J.S.A. 2C:39-5j, IS ILLEGAL BECAUSE THE OFFENSE DOES NOT COME WITHIN THE GRAVES ACT. II. Defendant first challenges …
-
njcourts.gov
… 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 … Ass'n v. Khan, 210 N.J. 482, 505-06 (2012) (quoting Fuentes v. Shevin, 407 U.S. 67, 95 (1972)). We recognize …
-
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Michael Ferguson, Benjamin Unger, … defendants (Messina Law P.C.) BARISO, A.J.S.C. This matter comes before the court on an application to enforce … History On November 27, 2012, plaintiffs filed their complaint, alleging four counts of violation of New Jersey’s …
-
njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … period......................................... 65 i. Income Qualification Data Used in Determining LMI Household … of its Region................................ 100 i. Income Capacity Factor ........................... 100 ii. …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS RICHARD TUSCANO, individually and … Factual and Procedural History Plaintiff filed his complaint on May 24, 2010. Plaintiff alleged minority … the knowledge or consent of Plaintiff, and in direct competition with the other corporations. Defendant filed his …