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- njcourts.gov… successfully petitioned the court for defendants civil commitment under the Sexually Violent Predator Act (SVPA), … A-3229-15T4 4 N.J.S.A. 30:4-27.24 to -27.38. In a lengthy, comprehensive opinion, the court found defendant committed four "sexually violent offenses" as defined by …
- njcourts.gov… entity. In 2009, plaintiff, a certified public accountant, commenced providing accounting services for the business, as … personally. By that time, the business had failed to file income tax returns and other essential documents with the … also prepared the couple's and their two adult children's income tax returns for calendar years 2009 through 2013. …
- STATE OF NEW JERSEY VS. JAMAL SHELLY (13-02-0293, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… photograph he selected was . . . in fact, the person who committed the crime. The judge also tailored that part of … 181 N.J. 553, 613 (2004)). "The trial court must give 'a comprehensible explanation of the questions that the jury … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). As directed by the Court, …
- STATE OF NEW JERSEY VS. NATHAN CRAFT (12-03-0551, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the car, he would seize the cash for forfeiture. Following completion of the form, the officer searched the car and … based his belief on his and others' prior experiences. That comment led to an exchange in which the detective stressed … defendant did not understand his right to refuse consent is completely belied by a view of the videotape. Although …
- njcourts.gov… raises the following arguments: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO ISSUE THE REQUESTED … OF A FAIR TRIAL. (Not raised below) POINT V THE PROSECUTOR COMMITTED MISCONDUCT WHEN PROVIDING THE JURY WITH HIS … at 550–52. The error is rendered harmless if the trial's outcome would have been the same had the error not been made. …
- STATE OF NEW JERSEY VS. MICHAEL GOMES (13-09-1698, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… under the first prong of Strickland, a defendant must overcome "a strong presumption that counsel's conduct falls … "a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at … defendant about the circumstances surrounding the commission of the offense. Defendant acknowledged his …
- njcourts.gov… matter and thus grant leave to appeal. 3 A-0175-14T1 his complaint seeking to probate a copy of a purported will … After hearing J.L.'s evidence, Judge Contillo dismissed his complaint seeking to probate the August 26 will. In a … in the adults' probate litigation, they entered into a comprehensive arbitration agreement. Specifically, they …
- njcourts.gov… Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY (GEICO), Defendant-Respondent. … cases is limited. R.1:36-3. March 14, 2017 2 A-1035-15T3 Company (GEICO) (defendant)1 and dismissing plaintiff's complaint with prejudice. We affirm. On October 31, 2013, …
- njcourts.gov… in 2009, the victim heard very loud music and banging doors coming from defendant's apartment. After the victim complained to defendant, defendant's neighboring tenant, and … I understand, Judge. I believe there may have been a miscommunication when I indicated to her that I would ask for …
- STATE OF NEW JERSEY VS. KABAKA ATIBA (14-06-2075, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to distribute. In the plea agreement, the State agreed to recommend a sentence of ten years of imprisonment with … fifty-four months of parole ineligibility. The plea also recommended that the sentence be served concurrent to any … or mitigating factors effecting sentence.'" State v. Fuentes, 217 N.J. 57, 73 (2014) (quoting R. 3:21-4(g)). If …
- STATE OF NEW JERSEY VS. HUGO RAMIREZ (12-12-1741, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… credible evidence present in the record, our task is complete and we will not disturb the result. Id. at 162. Our … area." Defendant emphasizes the police heard no noises coming from that area and they had no information from 4 Our … "[e]ven if there was probable cause to search the passenger compartment of the car, . . . there was no exigency that …
- njcourts.gov… and Pierce and Markowitz were ordered to serve ten days of community service. Defendants now appeal from the denial of … that the police lawfully entered the home as part of their community caretaking function. The judge also noted that the … the State from arguing that on appeal if that would become an issue or if they want to [expand] the record by …
- njcourts.gov… that defendant's mother reported that defendant had come home drunk, "began arguing with her, and at one point … her body, moving her arms around, refusing to follow . . . commands to stop screaming" and speak to the officers. … outburst in violation of N.J.S.A. 9:6-8.21c(4)(b). In a comprehensive written opinion, Judge Marino reviewed the …
- njcourts.gov… Argued April 22, 2015 – Decided Before Judges Fuentes, Ashrafi, and O'Connor. On appeal from the Superior … to Birchwood's adult day care facility. The parking lot comprised thirty-one percent of the total area of Warren's … the property taxes over the base amount. Birchwood's lease commenced on May 1, 2002. In 2002 or 2003, Warren and …
- Cozzolino v. Cozzolino - Unpublished Opinionsnjcourts.gov… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS STEVEN COZZOLINO, Plaintiff, vs. … and [3] 20 Standish LLC (“Standish”). Steven’s Verified Complaint, p. 2. CFD leased premises from Standish. The … Design, Inc., Case No. 06-20898 (NLW). Steven’s Ver. Comp. at 2. During May 15, 2008 proceedings in the United …
- A-1182-16T2 Opinionnjcourts.gov… disability retirement benefits, determining he was still commuting when he was injured. In doing so, the Board … Mattia's petition. We affirm, finding Mattia was still commuting when he was injured in the parking lot. The facts … hazards, etc.) . . . outside when walking between compounds." Mattia submitted his answers to interrogatories …
- A-1903-13T3 Opinionnjcourts.gov… Argued April 22, 2015 – Decided Before Judges Fuentes, Ashrafi, and O'Connor. On appeal from the Superior … to Birchwood's adult day care facility. The parking lot comprised thirty-one percent of the total area of Warren's … the property taxes over the base amount. Birchwood's lease commenced on May 1, 2002. In 2002 or 2003, Warren and …
- A-3707-20 Opinionnjcourts.gov… (Township) and Cereza Morales's motion to dismiss the complaint with prejudice. In his complaint, plaintiff alleged the Township failed to enforce … to operate an illegal landscaping business in a non-commercial zone. We affirm. I. We derive the following facts …
- A-1064-19 Opinionnjcourts.gov… the tests performed, including three CT scans and that he recommended pain medication and a follow-up evaluation. … without expert testimony. We conclude the court did not commit any error, let alone plain error, by admitting Dr. … our judgment for that of the sentencing court. State v. Fuentes, 217 N.J. 57, 70 9 A-1064-19 (2014). A sentence will …
- A-0022-21 Opinionnjcourts.gov… treatment center for non- attendance and failure to complete a drug test. On August 2, 2021, defendant pled … that there is no likelihood defendant will successfully complete his treatment program and that due to his criminal … on special probation would present a danger to the community. The State noted that while on special probation …