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- A-0402-17T4 Opinionnjcourts.gov… 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … of sorting through all of the evidence and using their common sense to make simple logical deductions. Here, the … result, requiring reversal. R. 2:10-2. "[E]xpert testimony coming from a law enforcement officer claiming to have …
- A-0754-18T2 Opinionnjcourts.gov… Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … reserved decision. On June 1, 2018, the PCR court issued a comprehensive, twenty-five page written opinion denying … or omissions fell "outside the wide range of professionally competent assistance." Id. at 690. This requires a showing …
- A-4028-18T1 Opinionnjcourts.gov… fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). The recommendation of the PTI director and the assistant … defendant was running away. Defendant did not initially comply with the order to stop but then "suddenly stopped" … weapon and ordered defendant to the ground. Defendant complied and was arrested. A pat down revealed no weapons. …
- A-3978-17T3 Opinionnjcourts.gov… 86 N.J. 281, 287 (1981). "The trial court must give 'a comprehensible explanation of the questions that the jury … possession of the implement as a weapon, a person has not committed a section 5d offense. [118 N.J. at 381.] "Thus … may be probative to determining unlawful intent to commit a crime, it is only relevant in the context of …
- A-4407-15T1 Opinionnjcourts.gov… Robert Nobilini, Ph.D., as a net opinion, and the judge committed additional error by permitting Nobilini to testify about the need to exercise "common sense" in using the pig roaster. Plaintiff also … disposal system," 5 A-4407-15T1 constructed of metallic components with a metallic lid. He opined that this was a …
- A-5807-17T1 Opinionnjcourts.gov… "UIFSA is a model act adopted by the National Conference of Commissioners on Uniform State Laws[,]" and then later by … and (d). In addition, the other state's law concerning "the computation and payment of arrearages" also continues to … out-of-state support order, the Family Part's order will become the controlling order, and New Jersey will then assume …
- A-2472-17T1 Opinionnjcourts.gov… as a cook from 2003 to December 31, 2016. Plaintiff filed a complaint on November 18, 2015, alleging he was harassed … offended by it being hung and by "somebody making [a] comment every day about it." He was also offended by his … or not? Could you call somebody?" Plaintiff understood this comment to be making fun of him by relating him to …
- A-3491-18T3 Opinionnjcourts.gov… Division, Criminal Part, he was indicted for sexual crimes committed against his younger sisters, J.C. and S.C.: … crimes – including sexual assault – when a defendant commits any such crimes between the ages of fifteen and … engendered by her family's reaction to her first complaints: "the callous instruction 'to wear a pad,'" id. …
- A-1474-18T1 Opinionnjcourts.gov… Plaintiff was transported to a hospital, where she complained of pain in her neck, right wrist, and left thumb. … physician, and she had physical therapy. Plaintiff filed a complaint in the Law Division, dated October 27, 2016, … which she claimed are permanent. She also sought lost income and compensation for certain unspecified property …
- A-2936-18T3 Opinionnjcourts.gov… Argued January 8, 2020 - Decided Before Judges Fuentes, Haas and Enright. On appeal from the Tax Court of … feet. 3 A-2936-18T3 The shopping center has a number of commercial tenants, including Stop and Shop, PNC Bank, … The second permit was issued on February 19, 2014, and completed on May 1, 2014. The permit described the …
- A-4430-16T2 Opinionnjcourts.gov… Although defendant believed that police had already completed searching the house by that time, the court … Facto Arrest. D. In the Alternative, Even If the Detention Complied with Summers and Its Progeny, It Violated Article … believed to be associated with this investigation" encompassed anyone whose presence at the site was not …
- A-0929-20 Opinionnjcourts.gov… were armed with a knife and brass knuckles and intended to commit theft. Upon entering the home, they tied up the male … his co-defendant with the following offenses: conspiracy to commit armed burglary, second degree, N.J.S.A. 20:5- 2 and … State's agreement to dismiss the remaining counts and to recommend a life sentence for counts two and three subject to …
- A-1048-20 Opinionnjcourts.gov… Birdsall Services Group (Birdsall), where, as part of his compensation, the corporation paid him bonuses that he was … came before the Board after the Attorney General filed a complaint with it, seeking to revoke Johnston's license … guilty plea. He also argued the undue delay in filing the complaint to revoke his license in addition to the renewal …
- A-4695-18 Opinionnjcourts.gov… defendant Gyasi Allen1 guilty of murder, conspiracy to commit murder, and two related weapons offenses. He appeals … stages of his trial was violated and the trial court committed plain error by admitting a stipulated … and (2) (count two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count …
- A-3638-20 Opinionnjcourts.gov… controlled dangerous substance (CDS) offenses allegedly committed on August 22, 2018—including strict liability for … death—from counts charging CDS offenses allegedly committed the day after the victim's overdose death. The … cocaine, fentanyl, and ethanol toxicity, caused by the combination of cocaine, fentanyl, and alcohol found in the …
- A-1367-20 Opinionnjcourts.gov… from behind by Lavin, another skier. Plaintiff filed a complaint alleging Mountain Creek and Lavin were negligent. Plaintiff's complaint alleged Mountain Creek was independently negligent … procedures to provide a safe skiing environment. The complaint alleged Lavin was negligent for breaching his duty …
- A-1999-18 Opinionnjcourts.gov… should about the charges, creating "an inference that [he] committed [the crimes] . . . ." He also claimed he … is going to make the finding right now that you are not competent to represent yourself, and I am going to deny your … can think this is a day out of State Prison, and you can come in here with a smirk on your face and just say to the …
- A-3794-19 Opinionnjcourts.gov… TIMOTHY KING, Plaintiffs-Appellants, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Respondent. … their claims against defendant Selective Insurance Company of America ("Selective"), and (2) granted summary … entering into a $400,000 litigation settlement with a company that had virtually no assets, while failing to …
- A-0325-19 Opinionnjcourts.gov… proffered statement. Plaintiff did not produce any evidence comparing the Florida high school to Susan's present school. … to the courtroom after a break, he noted the case was "complex." He also advised he wanted to interview Susan, then … factors. As to factor one—the parents' ability to agree, communicate, and cooperate in matters relating to the …
- A-0003-19 Opinionnjcourts.gov… received and started testing the sample on September 7 and completed its testing and report on October 10, 2012. At … first prong of the Strickland test, a defendant must overcome a "strong presumption that counsel's conduct falls … sufficient to undermine confidence in the 11 A-0003-19 outcome." Id. at 694. To meet this burden, the "defendant must …