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njcourts.gov
… in defining an employee under the Employment Retirement Income Security Act (ERISA), held that the undisputed facts … test is commonly referred to as the “ABC” test. It presumes that an individual is an employee unless an employer can … most likely employer and that an “employment test is inapposite when the economic relationship is an arms-length …
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njcourts.gov
… defendant. The three witnesses, two of whom were only forthcoming after their own arrests on unrelated matters, gave … was shot. Florence Township police responded to calls for assistance, as did paramedics who treated Walker at the … a fair trial. "[T]he trial judge has the right, and oftentimes the duty, to review the testimony and comment upon it, …
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njcourts.gov
… 2C:14-3(a) (count six).1 He also appeals from his concomitant aggregate sentence of forty-five years' … the hospital, L.R. reached out to one of her managers for assistance in identifying defendant. L.R.'s manager … taken off by L.R.'s clothing or just not enough DNA was deposited to allow for a full profile. Defendant's DNA profile …
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njcourts.gov
… court to conduct that hearing and, depending upon the outcome, to determine whether to vacate defendant's conviction. … saw 3 We refer to the victim and his wife by their first names to avoid any confusion caused by their common last name. … under those circumstances he would not "have the requisite possessory or proprietary interest in the property to …
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njcourts.gov
… reopen the hearing, entered pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. … On July 30, 2020, plaintiff filed a Domestic Violence Civil Complaint against defendant alleging predicate acts of … in conduct that could violate its terms rather than solicit assistance from his former colleagues to accompany him at …
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njcourts.gov
… imprisonment and parole ineligibility terms for persons who committed certain offenses while armed with a firearm. The term now refers to all gun crimes that carry a mandatory minimum term of imprisonment. 3 … were ordered to start walking and not turn around. They complied with the robbers' command. When he arrived at work, …
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njcourts.gov
… phone to find a ride home by using her Facebook account to message his own account, which was being used by his … car. Reggie then called his friend, Bruce Hall, who was coming to buy a car, and asked Hall to bring his gun. When … and when he knocked on Reggie's door, Reggie "started coming crazy." Daiquan claimed he left after Reggie told him …
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njcourts.gov
… door opened, Reilly smelled the "strong odor of marijuana coming from inside the vehicle[,]" and he called for backup. … burglary constituted a comparable conviction of the requisite predicate offense of burglary under N.J.S.A. 2C:39-7(c) … prior to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. …
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njcourts.gov
… that was entered after a jury found him guilty of committing second- degree aggravated assault, N.J.S.A. … BODYCAM FOOTAGE WERE CUMULATIVE AND THE RITE AID EMPLOYEE'S COMMENTS WERE UNDULY PREJUDICIAL, THE TRIAL COURT ERRED IN … the neighborhood, secure surveillance video from nearby homes, test defendant's clothes for blood, or investigate 26 …
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njcourts.gov
… related to a traffic ticket. Thereafter, defendant and Ward completed substance abuse evaluations. For her part, … plenary hearing. According to Lucy, she only sporadically visited with Amy from her birth in August 2014 until … would be expected of an aunt to address a general need for assistance. Rather, it evinces that defendant had ceded at …
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njcourts.gov
… Indictment 16-12-1542 On July 31, 2016, defendant and two companions, Rshan White and Shawn Wright, were shot in … Colclough and another companion were walking in the opposite direction on Forrest Street around 9:37 a.m. that … and concerns the specific matter opened up.'" State v. James, 144 N.J. 538, 554 (1996) (citing Virgin Islands v. …
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Panel Opinion
ACJC Documents
njcourts.gov
… School, a parochial school in Kenilworth, the Advisory Committee on Judicial Conduct (ACJC) filed a formal complaint against respondent. The four counts of the ACJC's … requested additional time to produce exhibit lists and names of witnesses. We thus ordered: (1) respondent to submit …
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njcourts.gov
… New Jersey Supreme Court Committee on Minority Concerns EC :: '----~~ i 0 ;:;; ~ lJ ~ … - 2002 Report The members of the standing Supreme Court Committee on Minority Concerns are grateful for having the … Teofilo Montanez, J.M.C. Hon. Michael J. Nelson, J.S.C. James W. Palmer, Jr., Esq.* Gwendolyn 0. Pearson Nina …
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njcourts.gov
… December 9, 2019 – Decided June 2, 2020 Before Judges Messano, Ostrer and Susswein. On appeal from the State of … a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … him. Heath ran into the street, only to be struck by an oncoming car. As Heath lay at the curb, defendant approached …
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njcourts.gov
… the following points for our consideration: POINT I THE ACCOMPLICE CHARGE FAILED TO INSTRUCT THE JURY THAT RAMIREZ WAS … with Orozco, he returned home, and they called for medical assistance. Ramirez admitted that while bathing Danielle, … we began by noting that "[a] shared intent is a prerequisite to accomplice liability under N.J.S.A. 2C:2-6(b)(3)." …
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njcourts.gov
… the Court on a Presentment from the Supreme Court Advisory Committee on Judicial Conduct (ACJC or Committee). The facts are not in dispute. In 2000, a group … The Canon adds that judges “should act at all times in a manner that promotes public confidence in the …
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njcourts.gov
… March 30, 2022 – Decided August 17, 2022 Before Judges Messano, Accurso and Marczyk. On appeal from the Superior … car slammed into the O'Donnell car, propelling it into oncoming traffic, where there was a second collision with an … data retrieved from defendant's Mercedes. The vehicle's computer revealed defendant's car was going fifty- three …
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njcourts.gov
… as a persistent offender. He contends that the trial court committed several errors, some of which are raised for the … walking towards the bank and retracing his steps in the opposite direction shortly after the incident. Office Vitelli issued a "TRAKs message" to other law enforcement agencies throughout New …
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njcourts.gov
… a narcotics trafficking network, N.J.S.A. 2C:35-3, which is commonly referred to as the "kingpin" offense. Because they were tried together and raise several common issues regarding asserted trial errors, we calendared … opined that references in the calls to "dubs," "nicks," "dimes," and "jugs" referred to quantities of narcotics. …
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njcourts.gov
… in their workplaces, schools, recreational areas, and homes. The virus has had a devastating and drastic impact on our economy and our way of life , N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 580-81 (2020) (observing that … order to the magnitude of the emergency; failed to comply with statutory procedural requirements; and violated …