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- njcourts.gov… sentencing for violations of probation or for alleged newly-committed offenses that are not "subject to a presumption of … Eligibility for entry into Drug Court via Track Two has always be governed by the Drug Court Manuals. See Clarke, 203 … about their potential admission to the program or the ultimate sentence to be imposed by the court upon any …
- A-5452-16T3 Opinionnjcourts.gov… from engaging in such conduct." Abbamont v. Piscataway Twp. Bd. of Educ., 138 N.J. 405, 431 (1994). Consistent … therefore, is guided by summary judgment principles, the ultimate issue being "whether the competent evidential … the evidence which, in the light most favorable to Timek, together with all inferences drawn in his favor, establish …
- 012930-2017 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS _______________________________ DR. … on Fourth Amendment grounds); Matter of Yee v Town of Orangetown, 904 N.Y.S.2d 88, 94-95 (N.Y. App. Div. 2010) (same); … governmental interest. But reasonableness is still the ultimate standard. If a public interest justifies the …
- 11115-2008 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ___________________________________ … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … private entity will spare the government an expense that ultimately it must bear; (2) the private entity must not be …
- 014534-2015 Opinionnjcourts.gov… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … writs relief,” since it would “require” the Tax Court “to ultimately compel the [municipality] to enter into an …
- A-3081-19 Opinionnjcourts.gov… workplace, which defendant believed was originally targeted at him. 3 A-3081-19 A police report from the same date … [in the park] and a female standing on the pavement steps away from the two men. The victim Severino Cepeda fell to the … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] …
- A-2757-18 Opinionnjcourts.gov… possession of a firearm while in the course of committing a CDS offense, N.J.S.A. NC:39-4.1(a) (count … because of the risk the vehicle would be driven away and its contraband removed. Moreover, a warrant would … statements do not indicate he failed to understand his ultimate discretion to sentence defendant within the …
- A-4254-17T3 Opinionnjcourts.gov… IN VIOLATION OF NEW JERSEY STATE CONSTITUTIONAL AND COMMON LAW; THESE STATEMENTS WERE INVOLUNTARY AND SHOULD … breathing. Medical personnel later revived her, but she ultimately passed away after being removed from life support. Police 6 …
- A-1810-19T2 Opinionnjcourts.gov… Carey Curtin (Carey), residents of Ontario, Canada, would become majority shareholders and directors in Onyx.2 Pathak, … sell their own shares in exchange for funding for Onyx." He ultimately advised defense counsel to make his threatened … argument that Onyx's status as a closely held corporation bestowed the privilege on them individually, the judge …
- A-3887-15T4 Opinionnjcourts.gov… Submitted May 25, 2017 - Decided Before Judges Lihotz and Mawla. On appeal from Superior Court … all other charges would be dismissed and the State would recommend a minimum five-year sentence, subject to a … the gun at his own head and threatened to kill himself. 2 Ultimately police arrested defendant, who was driving his …
- A-1258-15T1 Opinionnjcourts.gov… based on specific and articulable facts, which taken together with rational inferences from those facts, reasonably … trunk area, where the guns and other contraband were ultimately found during the second interior search, was a … the video being temporarily distracted by other activities away from the car; and (3) that it was feasible for one of …
- A-30/31-23 Appellant Kossup petition for certification Briefsnjcourts.gov… be Allowed ------------------------------- 16 POINT FOUR Comments with Respect to the Appellate Division Opinion … The GAL and CAA moved for payment from the APS's budget at the Sussex County Division of Social Services; APS … law required the GAL to personally pay for the expert that ultimately resulted in the preservation of Hankls rights. 4 …
- njcourts.gov… and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a … upon the particular circumstances of a given case." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. 231, 236 (App. Div. …
- A-36-24 Supplemental Respondent Brief Briefsnjcourts.gov… Senate Budget and Appropriations Committee Statement to Assembly Bill … of the TCA would be ignored and the school board would ultimately be held vicariously liable for the intentional … legislative history reflect the Legislature intended to always impose vicarious liability on a public entity for …
- A-36-24 Answering Brief Briefsnjcourts.gov… and (d), which many apply to the subject unpublished case. Ultimately, it can only be published “upon the direction of … that in analyzing a tort claim “the first task is always to locate the predicate for liability in the Act.” … codified at N.J.S.A. 59:2-1.3. A350-352. The Assembly Budget Committee Statement to Chapter 239 explained the …
- njcourts.gov… case arises from the dissolution of a limited liability company. Plaintiffs Surya P. Irakam, M.D. and Anitha Irakam, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … judgment and require[e] submission of the issue[s] to the ultimate finder of fact." Davin, L.L.C. v. Daham, 329 N.J. …
- njcourts.gov… Transportation's (DOT) award of a publicly advertised roadway maintenance contract. DOT awarded the Maintenance Beam … requested that DOT stay the execution of the contract and commencement of the Project pending Creamer's appeal, which … conforms to specifications (which is a component of the ultimate issue of who is the lowest responsible bidder) is …
- njcourts.gov… a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … and cut her left arm with a piece of glass. S.M. later ran away from the scene. S.M. informed investigators that prior … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear …
- njcourts.gov… in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a … at the photos, we had a great time as a family. All of us together. It was just this one situation that just got out of …
- A-2296-21 – STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA (18-08-0487, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… license plate." The vehicle stopped on the side of the highway, and Officer Royce approached the vehicle from the … officers improperly obtained evidence and information that ultimately led to the seizure of evidence used to convict … can "point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably …