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- A-3423-19 Opinionnjcourts.gov… search and seizure of the handgun was permissible under the community-caretaker exception and the Terry doctrine.2 … these events acting in concert gave rise to the officer's community[- ]caretaking role. Additionally, . . . the … abandon their own safety while reasonably engaged in . . . community[-]caretaking activity. Regarding the application …
- A-3320-18 Opinionnjcourts.gov… while waiting to be served. He knew defendant from the community, although he had not previously spoken to him and … motion for a mistrial was reversible error because Taylor's comment was so prejudicial as to deprive him of a fair … that no jury could have convicted defendant absent Taylor's comment. We find no abuse of discretion. 6 A-3320-18 …
- A-4417-16T6 Opinionnjcourts.gov… impact on the risk of a defendant posing a danger to the community, obstructing justice or failing to appear in … for an elevated risk of violence. The A-4417-16T6 3 recommendation was that defendant remain in custody pending … both her appearance in court as well as the safety of the community." After the judge found the State had established …
- A-1416-21 Opinionnjcourts.gov… and badge from my wallet. At this time the W/M [White male] complied to [sic] my orders and immediately layed [sic] on … in a law enforcement position. The State agreed to recommend a probationary sentence. At the plea proceeding, … term of eighteen months. It is undisputed that F.S. completed his probationary sentence, and, as agreed, …
- A-0591-20 Opinionnjcourts.gov… 2010, appellant stated he sat "on [his] desk at the computer. The end of the term was near, and we just waited … age-appropriate degeneration of the spine—arthritic changes common to people in their 30's and older. He stated: "It … [appellant] at the time of the 2010 fall. Nehmer did not become involved in the case until approximately 2018. In …
- A-1475-20 Opinionnjcourts.gov… in the areas of child sexual abuse and Child Sexual Abuse Accommodation Syndrome (CSAAS), which "describe[s] traits … or law enforcement officer to intercept a[n] . . . oral communication, where such person is a party to the communication . . . provided, however, that no such …
- A-3592-20 Opinionnjcourts.gov… Homes, LLC (Homes) is a construction and home improvement company. Homes is owned and operated by defendant Thomas … construction, disputes arose regarding improper and incomplete work and the assessment of charges beyond the … Due to these disputes, in August 2020, Homes refused to complete the work. On November 27, 2020, Monetti filed for …
- A-2357-20 Opinionnjcourts.gov… 2020, Stephen presented an order to show cause and verified complaint seeking an order: (1) to declare, adjudge, direct, … 531, 552 (2019) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). 6 A-2357-20 …
- A-4199-18 Opinionnjcourts.gov… A. Gummer dismissed with prejudice plaintiffs' amended complaint against Chase, except a negligence count. She … for reconsideration seeking reinstatement of the amended complaint and dismissed the remaining count of the complaint with prejudice. We affirm. By way of background, …
- A-1787-18 Opinionnjcourts.gov… of "Graves Act" 2008 Directive with Respect to Offenses Committed by Out-of-State Visitors from States Where Their … a waiver of Graves Act parole ineligibility and would not recommend any sentence less than five years with forty-two … of probation subject to 364 days in county jail. No one commented on defendant's PTI application. Prior to trial, …
- 2C:12-1c Charges Document PDFnjcourts.gov… from drug use. Cannel, New Jersey Criminal Code Annotated, Comment 2 to N.J.S.A. 2C:2-8 (Gann 2004) (citing State v. … please see the full text of N.J.S.A. 2C:2-8b. 8 1971 Code Commentary to N.J.S.A. 2C:2-8 as reproduced in Cannel, supra, Comment to N.J.S.A. 2C:2-8. ASSAULT BY AUTO OR VESSEL …
- 2C:30-6 Charges Document PDFnjcourts.gov… servant acting or purporting to act in an official capacity commits the crime of official deprivation of civil rights … sexual 1 N.J.S.A. 2C:27-1g. 2 N.J.S.A. 2C:30-6e. 3 The Committee notes that gender identity or expression means … mind should be drawn is for you to decide, using your own common sense, knowledge and everyday experience, after you …
- 2C:34-3c(2) Charges Document PDFnjcourts.gov… crime based solely on the (b) definition. Therefore, the Committee has imported the culpable mental state of … interest.3 “Specified anatomical area” means: (a) Less than completely and opaquely covered human genitals, pubic … should be drawn is for you to decide using your own common sense, knowledge and everyday experience. Ask …
- 2C:35-5.3a Charges Document PDFnjcourts.gov… or dispense” the enumerated substances, the Supreme Court Committee on Model Criminal Jury Charges notes that the … one must have a knowing, intentional control of that item accompanied by knowledge of its character. So, a person who … under N.J.S.A. 2C:39-4.1(a), Possession of a Firearm While Committing Certain Drug Offenses. There, the Court noted …
- 2C:41-2b Charges Document PDFnjcourts.gov… which is engaged in or activities of which affect trade or commerce. In order to convict defendant of the charge, the … enterprise; 2. That the enterprise was engaged in trade or commerce or that its activities affected trade or commerce; 3. That defendant directly or indirectly acquired …
- A-3946-18T1 Opinionnjcourts.gov… topics," including the manner in which Kern had handled incoming telephone calls and text messages. Referencing "a lot … text messages," the supervisor stated: "We are a tutoring company and we should spell things correctly." The … testified Kern's final email was the first time Kern had communicated she was dissatisfied with her work environment. …
- A-0824-18T4 Opinionnjcourts.gov… job was terminated, effective May 9, 2013, for conduct unbecoming a public employee, in light of his attempt to misuse … 2013 final administrative action of the Civil Service Commission upholding his removal from his position as a … term 'honorable service' . . . is sufficiently generic to encompass a broad range of misconduct bearing on the …
- 011907-2019 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … that plaintiff failed to produce sufficient evidence to overcome the presumptive validity of the assessment. As a result, plaintiffs’ complaint is dismissed, and the judgment of the County Board …
- 008745- 2019 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MALA SUNDAR Richard J. Hughes Justice Complex JUDGE P.O. Box 975 Trenton, New Jersey 08625-0975 … A party challenging an assessment has the burden (a) to overcome the presumption of correctness afforded a challenged …
- A-1831-15T1 Opinionnjcourts.gov… someone say, "What you doing?" A few minutes after the commotion ended, she peered out the window of her … shorts[,]" or "[defendant] could have just touched them or come in contact with them." On June 3, 2011, the jury … not have general acceptance in the pertinent scientific community h. This Court has Ordered Similar Hearings When …