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- A-1124-18T4 Opinionnjcourts.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, …
- A-4666-16T1 Opinionnjcourts.gov… Is Not Reliable or Generally Accepted in the Scientific Community. POINT II. THERE WAS INSUFFICIENT EVIDENCE TO FIND … We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge James M. DeMarzo. … his balance." After three reinstructions, defendant complied. Grawehr attempted to conduct the One-Leg Stand …
- A-0876-16T2 Opinionnjcourts.gov… the influence of alcohol; and (3) defendant refused to comply with the breathalyzer test by failing to produce … the influence of alcohol; and (3) defendant refused to comply with the breathalyzer test by failing to produce … N.J. 84, 90 n.1 (2005). 8 A-0876-16T2 However, where "[n]o complaint has been raised concerning that error" and "no …
- A-3407-16T2 Opinionnjcourts.gov… Submitted September 26, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. NOT FOR PUBLICATION WITHOUT … untreated drug addiction. She has consistently failed to comply with services offered by the Division over a period … opioid-related disorder. According to Dr. Brandwein, the combined effect of these mental health issues and abuse …
- A-2506-16T1 Opinionnjcourts.gov… OAL for consideration. The ALJ issued an initial decision recommending an award of accidental disability retirement … The Board's expert, Dr. Andrew Hutter, opined petitioner complained of muscle sprain and strain, which did not render … disabled as a direct result of the 2007 accident. The ALJ recommended granting accidental disability retirement …
- A-0969-16T1 Opinionnjcourts.gov… In exchange for defendant's plea, the State agreed to recommend a sentence of seven years imprisonment, subject to … the second-degree robbery count. The State also agreed to recommend a concurrent term of four years imprisonment on each … A Plea Under Duress By Threat Of Co-Defendant Thereby Compelling Defendant To Fail To Report For Sentencing For …
- A-3713-16T1 Opinionnjcourts.gov… events that he alleged were the cause of his PTSD. In a comprehensive written decision on March 24, 2017, the ALJ … in his possession. In seconds, petitioner heard shots coming from the direction where his partner had run. Before … heard more shots. He testified he "could hear the bullets come by." Petitioner "peeked out," ran around the corner and …
- A-3440-17T4 Opinionnjcourts.gov… altercation. According to the State, defendant failed to complete an Attorney General use-of-force report and falsely … words, the judge doubted the right 4 The judge made some comments that suggested he believed some or all of the … severance and, consequently, he will not be heard to complain if, at the end of the day, he is required to face …
- A-0757-16T1 Opinionnjcourts.gov… We affirm. I. On November 5, 2014, plaintiff filed a complaint in the trial court alleging that on November 25, … street to board the bus. Plaintiff stated that water was coming up into the street from under the ground and ice had … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pitt., …
- A-1734-15T1 Opinionnjcourts.gov… corporate veil. The jurors awarded plaintiffs $682,000 for compensatory and $301,000 for punitive damages. Cherry was … brief, plaintiffs submitted that $344,176.45 of their compensatory damages award was for their future obligations … first was filed by defendants, who sought to dismiss the complaint for failure to include an indispensable party, …
- A-3036-22 – JOSHUA CUMMIS VS. TOWNSHIP OF MAPLEWOOD, ET AL. (L-6341-17, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… v. TOWNSHIP OF MAPLEWOOD & ALL MEMBERS OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MAPLEWOOD, individually and in … of Maplewood, township mayor Victor DeLuca, and township committee members Nancy J. Adams, India Larrier, Frank … the same standard governing the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins., 224 N.J. 189, …
- njcourts.gov… that upon defendant's release, he would be subject to community supervision for life (CSL) and the requirements of … deemed ineligible because there was no "clear finding of compulsive sexual behavior." 5 A-0089-21 The judge stated, … that he needed the assistance of his wife and his mother to complete a three-page, self-represented PCR petition form. 6 …
- A-36-24 Appellant Response to Amicus Curiae Other Briefsnjcourts.gov… C. Magee, Esq. Attorney ID # 017052011 Magee@BRattorneys.com John W. Baldante, Esq. Attorney ID # 031391983 Baldante@BRattorneys.com Jamie L. Hutchinson, Esq. Attorney ID # 008532010 Hutchinson@BRattorneys.com BALDANTE & RUBENSTEIN, P.C. 89 North Haddon Avenue, …
- A-2947-23 – STATE OF NEW JERSEY VS. MICHAEL ARENA (23-08-0945, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… and that he understood the sentence the State would recommend, including its request for the consecutive flat … in order to enter a guilty plea and that nobody had compelled him to waive these rights. Defendant then placed a … at sentencing for a lesser sentence than that which is recommended by the state" and to ask, "that the NERA sentence …
- A-2876-24 – STATE OF NEW JERSEY VS. T.N. (23-11-2124, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… 1 We utilize initials when referring to defendant, the complaining witnesses, and their family members, pursuant to … C.H. were playing with makeup when defendant asked both to come into the room with him. Both said no. Afterward, when … by the State, "how many days transpired between the first communication between the prosecutor's office and [J.T.]." …
- njcourts.gov… with the record, we need not describe the facts here comprehensively. The following summary will suffice for our … per year, inclusive of bonuses. Despite his efforts to find comparable employment in the finance and banking industry … unable to obtain a position in his field with equivalent income. Since his discharge, defendant has generated income of …
- njcourts.gov… R. McFadden and Vincent J. McFadden1 (plaintiffs) filed a complaint against defendant alleging that defendant as … obligations to the decedent, Joan McFadden (decedent). The complaint asserted that defendant "converted [E]state assets … CTA's motion for the Estate to pay: (1) interim corpus commissions; (2) counsel fees for litigation costs; and (3) …
- A-19-24 Respondent Response To Amicus Curiae Briefsnjcourts.gov… Roseland, New Jersey 07068 973.597.2500 mboxer@lowenstein.com pslocum@lowenstein.com jminicozzi@lowenstein.com Attorneys for Defendants-Respondents Thomas J. Trautner …
- njcourts.gov… a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … that "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. The defendant must also …
- njcourts.gov… Wound Care of New Jersey, LLC ("Renew"), dismissing her complaint with prejudice, and enforcing the parties' … Plaintiff, an employee of Renew who was terminated, filed a complaint alleging Renew; Newport Garden Group, LLC … In response, Renew filed a motion to dismiss plaintiff's complaint and compel arbitration pursuant to the nurse …