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njcourts.gov
… for the Court. The issue before the Court is whether the common law imposes a duty on underage adults -- over the age … so, the standard for liability if an underage guest, who becomes intoxicated, afterwards drives a motor vehicle and … what he claims is the erroneous imposition of a duty on similarly situated future litigants. Zwierzynski’s challenge …
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njcourts.gov
… or database). The HIDTA system for the NY/NJ region has millions of photos, including those of all adults arrested … her assailant, an investigator can generate other similar photos to review. Individual photos can be printed, … switching to witness mode, he set the witness up at a computer, explained how to scroll through photos with six on …
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njcourts.gov
… draws guidance from precedent that interpreted a law similar to the CJRA. (pp. 21-26) 5. The traditional balancing … violates the CJRA and his right to due process. Defendant points to several parts of the statute in support of his … Hart, 139 N.J. Super. 565, 567 (App. Div. 1976); see also Costello v. United States, 350 U.S. 359, 363, 76 S. Ct. 406, …
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njcourts.gov
… Major arrived on the scene as backup. Officer Major was accompanied by a narcotics canine. Upon Officer Major’s … sniff does not prolong the stop beyond the time required to complete the stop’s mission. 1. The Fourth Amendment to the … traffic stop. Dickey, supra, 152 N.J. at 479-80. It is similarly unchallenged that the stop can evolve into an …
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njcourts.gov
… the disorderly persons offense of criminal mischief. The complaint-warrant specified that Montalvo was charged with … weapons in the home, “where the need for defense of self, family, and property is most acute.” 554 U.S. at 628. (pp. … and Paul H. Heinzel, Assistant Prosecutor, on the briefs). Emily R. Anderson, Deputy Attorney General, argued the cause …
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njcourts.gov
… of third-degree theft by deception, third-degree theft by computer, third- degree wrongful impersonation, third-degree … The Court notes that hospital workers are subject to similar statutory regulations, yet no one would reasonably … that defendant performed a governmental function, the State points to the comparable legislative benefits, privileges, …
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njcourts.gov
… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her to assert an insanity defense, based on the … Gramiccioni, Acting Monmouth County Prosecutor, attorney). Emily R. Anderson, Deputy Attorney General, argued the cause …
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njcourts.gov
… drivers to dim their high beams only when approaching an oncoming vehicle within 500 feet. The Court granted the … 227 (2012), the Court declined the State’s request to revisit Pena-Flores, finding that the motor-vehicle data … time because the issue was of no moment. Generally, “the points of divergence developed in proceedings before a trial …
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njcourts.gov
… considers whether defendant’s requests to speak with a family member during interrogation were sufficient to invoke … ambiguous, officers are required to stop the interrogation completely, or to ask only questions narrowly directed to … defendant here indicated that he wanted to speak with a family member to obtain advice before proceeding with …
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njcourts.gov
… Nor did the trial court abuse its discretion or otherwise commit reversible error in allowing one of the victims to … RECORD, BUT, RATHER, ON A GENERALIZED ASSUMPTION OF A ONE-MILE RANGE FOR THOSE TOWERS THAT THE EXPERT DID NOT JUSTIFY, … interrogation must be voluntary." 152 N.J. at 113 (citing Miller v. Fenton, 474 U.S. 104, 109–10 (1985)). Applying a …
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njcourts.gov
… primary election prescribed by Executive Order 144 did not comport with the federal constitution, we conclude that … violate the federal constitution and federal law, similar arguments were very recently rejected by the United … State's prescriptions for lawmaking." Id. at 808; see also Smiley v. Holm, 285 U.S. 355, 367-68 (1932) (holding that the …
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njcourts.gov
… James K. Smith, Jr., of counsel and on the briefs). Milton Samuel Leibowitz, Special Deputy Attorney … A. Monahan, Acting Union County Prosecutor, attorney; Milton Samuel Leibowitz, of counsel and on the brief). NOT … By February 24, 2013, Vandewalle's co-workers had become anxious about her whereabouts. One of Vandewalle's …
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njcourts.gov
… Plaintiff-Respondent, v. JEAVONTE M. DENNIS, a/k/a JAMIL JEVONTE DENNIS, Defendant-Appellant. Submitted December … 2C:11- 3(a) (count two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) … argues the trial court's ruling was clearly mistaken. He points out the prosecutor used the majority of his …
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njcourts.gov
… Russell and Scott conspired with Baker and acted as his accomplices. We recounted the underlying facts in our … fail. This appeal followed. Russell raises the following points: I. THE PCR COURT ERRED IN FAILING TO RECUSE ITSELF … the judge's impartiality might reasonably be questioned." Similarly, Rule 1:12-1(g) directs judges not to preside over a …
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njcourts.gov
… PLLC, attorneys; Richard D. Meadow, on the brief); (The Miller Firm, LLC, attorneys; Tayjes Matthew Shah, on the … experts' testimony on Crohn's disease while allowing similar expert causation testimony as to ulcerative colitis. … The Court emphasized that the trial court "must ensure compliance with the requirement of 'some expert consensus …
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njcourts.gov
… examination by plaintiff, Cangialosi was presented with a Computer Aided Dispatch (CAD) incident report plaintiff … plaintiff thought was unnecessary and which left the family with a huge bill; as a result, plaintiff was then "at … on his constitutional rights "as alleged at various points in his complaint and amended complaint," including …
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njcourts.gov
… the lyrics was written, the State concedes that many were composed before the circumstances underlying the instant … in accord with other jurisdictions that have considered similar questions. The Court concludes that the violent, … and that defendant was acting as Rothwell’s “muscle.” Similarly, the panel concluded that evidence of defendant’s …
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njcourts.gov
… v. Reginald Roach (A-129-11) (068874) [NOTE: This is a companion case to State v. Julie L. Michaels, also filed … to the report about which he testified other than being familiar with the laboratory’s testing procedures. (pp. 25-28) … violated defendant’s confrontation rights. The State points out that the Court in Melendez-Diaz, supra, expressly …
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njcourts.gov
… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial … and their son. It asserts that Respondent asked the Family Division Manager in the Ocean Vicinage (the Manager) to … engaging in an improper ex parte conversation. Respondent points to several mitigating factors including an otherwise …
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njcourts.gov
… Defendant was seventeen years old when the crimes were committed. While in police custody, accompanied by his … N.J.S.A. 2C:43-7.2. On appeal, defendant challenges the Family Part order waiving jurisdiction, the denial of his … thereafter moved for an order waiving jurisdiction of the Family Part and transferring the case to the Law Division. In …