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- njcourts.gov… No. A-5762-03 (App. Div. Dec. 17, 2004). Following the completion of his prison sentence, defendant was civilly committed under the Sexually Violent Predator Act (SVPA), … 30:4-27.24 to -27.38. Defendant appealed that civil commitment, but we affirmed. In re Civil Commitment of R.S., …
- njcourts.gov… injury by means of physical menace. Physical menace is accomplished through an act or acts which are physically … if one acts with knowledge, if one acts consciously, if he comprehends his/her acts. The fifth element that the State … Terroristic Threats (N.J.S.A. 2C:12-3(b)). � The 1971 Model Commentary to the Proposed Criminal Code stated that …
- MICHAEL BARTOW VS. NICHOLAS A. REIF, ET AL. (L-3624-12, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… entered judgment in favor of defendants and dismissed the complaint with prejudice. Plaintiff moved for judgment … a left turn and when the light turned green, seeing no oncoming traffic, Reif slowly began his turn. He was … judge should have 9 A-1559-17T2 stricken defense counsel's comments and provided a curative instruction.1 These …
- njcourts.gov… for Drug Court and, if eligible, would have to accept the recommended treatment modality or face a prison term. At … found aggravating factors three, the risk defendant will commit another offense; six, the extent of defendant's prior … by a preponderance of the evidence, that the defendant committed the crime "with a purpose to intimidate an …
- CHRISTOPHER LYNCH VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… employer prohibited his return to work. We affirm. I. We commence our review with a discussion of the governing legal … we overturn an agency decision merely because we would have come to a 3 A-2586-17T1 different conclusion. In re … service' . . . is sufficiently generic to 4 A-2586-17T1 encompass a broad range of misconduct bearing on the …
- J.L.L. VS. C.M.H. (FV-14-0740-18, MORRIS COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… statutes provide an actor is guilty of sexual contact if he commits an act of sexual contact with another person and the … if the sex did not continue, and that [J.L.L.] had to comply with [defendant] having her come to the office or he would inform [her] baby's father …
- STATE OF NEW JERSEY VS. MICHAEL D. GIBSON (15-11-2211, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… II: THE JURY INSTRUCTION ON ARMED ROBBERY WAS CONFUSING, INCOMPLETE, AND INCORRECT; MOREOVER, THE CORRECTED 3 … out of the bank, to lock the door right away. Defendant commenced pulling on the locked inner doors that separated … offenses of robbery; (2) provided a "confusing" and "incomplete" charge on armed robbery, prejudicing defendant's …
- njcourts.gov… and ELITE TITLE GROUP, LLC, WESTCOR LAND TITLE INSURANCE COMPANY, Defendants/Cross- Respondents, and TOWNSHIP OF … cause for cross- respondent Westcor Land Title Insurance Company (Finestein & Malloy, LLC, attorneys; Russell M. … the same standards applied by the trial courts. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
- njcourts.gov… was immaterial because there was an abysmal lack of communication from [Sara] to her children regarding the … were in the cabinet." Noting Sara's admission that she "was completely out of control," the court found Sara pulled … later assumed that role. In addition, the Division filed a complaint in the Family Part, pursuant to N.J.S.A. …
- STATE OF NEW JERSEY VS. RONALD BURNS (00-07-0531, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… for the reasons expressed by Judge Philip E. Haines in his comprehensive written decisions. The underlying facts and … the District of New Jersey. Judge Robert B. Kugler issued a comprehensive written opinion and order denying the habeas … E. Haines in his written decisions. We add the following comments. We review a motion for a new trial based on newly …
- njcourts.gov… in September and October, 1991, at the Hensyn Village complex in Mount Olive Township. Defendant and his alleged victims, S.A.2 and M.T., all resided in that complex. On October 12, 1991, defendant used S.A.'s phone … defendant's pubic hair after conducting a microscopic comparison. Defendant appealed his conviction and sentence, …
- STATE OF NEW JERSEY VS. RANDY VIDAL (16-04-0523, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 6 A-1124-18T4 suspicion" that an offense has been committed. State v. Moore, 181 N.J. 40, 45 (2004) (citation … caution in the belief that' an offense has been or is being committed." Brinegar v. United States, 338 U.S. 160, 175-76 … the totality of the circumstances including the officer's "common and specialized experience[.]" Schneider v. Simonini, …
- njcourts.gov… 6 A-1940-17T1 does not protect "officers who are plainly incompetent in the performance of their duties or who … well-grounded suspicion that a crime has been or is being committed. Probable cause exists where the facts and … caution in the belief that an offense has been or is being committed. The substance of all the definitions of probable …
- njcourts.gov… DIVISION DOCKET NO. A-2972-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF W.W., SVP-86-00. ________________________ … a January 28, 2019 Law Division order continuing his civil commitment to the special treatment unit (STU), the secure … 2 A-2972-18T5 and treatment of sexually violent predators committed pursuant to the Sexually Violent Predator Act …
- njcourts.gov… and Suter. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1063. Di Francesco Bateman, … Attorney General, attorney for respondent Civil Service Commission (Donna Sue Arons, Assistant Attorney General, of … the December 21, 2018 final decision of the Civil Service Commission (Commission), affirming disciplinary charges …
- njcourts.gov… relied on the contracts and terminated the employee for completely inconsistent reasons. On the one hand, the Board … testimony on that subject. The Association then filed this complaint. It did not seek to vacate the arbitrator's award, … termination was not arbitrable. Rather, the Association's complaint alleged that the CNA trumped the individual …
- LISA FALK VS. KEVIN DONOVAN, ET AL. (L-2106-17, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … an automobile insurance policy issued by Allstate Insurance Company (Allstate), which provided uninsured motorists (UM) … to certain limitations. In April 2017, plaintiff filed a complaint in the Law Division against Kevin and Michael …
- njcourts.gov… for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … Defendants denied the allegations and moved to dismiss the complaint, alleging that an arbitration clause in the by-laws compelled all the claims to be submitted to arbitration. In …
- STATE OF NEW JERSEY VS. TRAVIS WILSON (14-06-0887, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of third-degree distribution of CDS in exchange for a recommended sentence of a five-year term with a … witnesses. Defendant confirmed that the State would be recommending a five-year term with a twenty- four-month period … plead guilty, correct? MR. WILSON: Yes. Defendant made no comments and asked no questions regarding the Passaic County …
- njcourts.gov… defendant appeared to be intoxicated. Kim left the room to compose herself. 3 A-3875-18 When she returned moments … "touched her nose because [she] felt that [she] had blood coming out of her nose." Steven, who was fourteen years old … with Nixon. But the court otherwise found Kim "was polite, composed and consistent with her answers." Accordingly, the …