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- njcourts.gov… 760 New Brunswick Urban Renewal Limited Liability Company (Steven T. Senior, of counsel and on the brief; … waiver. 760 New Brunswick Urban Renewal Limited Liability Company (760 New Brunswick or intervenor) has intervened in … than on the taxpayers. See Senate Energy and Environment Comm. Statement to A. 1231-L (1983); N.J.S.A. 13:1K-7. In …
- njcourts.gov… 30, 2019, Synergy Global Outsourcing, LLC (Synergy) filed a complaint in the District Court of Dallas County against the … agreement in which the HGS Parties agreed to pay Synergy commissions for procuring existing and new lines of business … proceeding in New York Supreme Court in Albany County to compel HBI Group to respond more fully to the subpoena and …
- A-3902-22 – STATE OF NEW JERSEY VS. ARTHUR THOMPSON (11-08-1559, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… N.J.S.A. 2C:18- 2(b)(1); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2. At trial, the jury … The second prong is based on that deficiency, would the outcome of the trial [have] been any different." The court … a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) …
- njcourts.gov… presented no evidence that the City caused the boards to become uneven nor was there evidence that the City had actual … on or across the boardwalk could cause boards to become uneven and the City "failed to make timely repairs to … take care of." McReynolds also explained that boards can become uneven for numerous different reasons, including …
- njcourts.gov… Court1 with inpatient substance abuse treatment and recommended aftercare as conditions of probation. In the event … that the State would only have to prove that defendant committed one of the nine charged violations of probation by … repeatedly absconded from inpatient programs, was noncompliant with substance abuse treatment and counseling, did …
- A-3808-21 – STATE OF NEW JERSEY VS. RODNEY E. WILLIAMS (20-02-0200, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… On January 14, 2022, the trial judge issued an order accompanied by a written decision denying defendant's motion … bag" with "thin strings" worn around a person's shoulders, commonly used to carry "like a basketball." Perez was about … reasonable, particularized suspicion that the person is committing a crime."); Pineiro, 181 N.J. at 31 (Albin, J., …
- njcourts.gov… Road. M.A.Z. had driven across the center line into an oncoming vehicle. The officers observed his 2 We use the … medication but advised he had gout. After unsuccessfully completing the field sobriety tests, M.A.Z. stated, "[j]ust … crime or disorderly persons 3 "THC . . . is the main ingredient that produces the psychoactive effect" in marijuana. …
- A-2855-20 – STATE OF NEW JERSEY VS. EDUARDO J. LESMES (17-02-0500, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… N.J.S.A. 2C:12-3(a). Defendant argues: the trial court committed error by improperly joining offenses related to … outside where defendant slapped him and told him not to come back or he would deport and kill him. Defendant was … "seem[ed] drunk" on the 5 A-2855-20 night in question and complained to defendant when she refused to serve him. …
- njcourts.gov… software found by investigators on defendant's tablet computer was installed at the direction of the United States … a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court 8 A-1090-22 need not … 154, 170 (App. Div. 1999)). A PCR petition must be "accompanied by an affidavit or certification by defendant, or …
- njcourts.gov… Jorge Inoa-Tejada and City of Perth Amboy dismissing her complaint. The court determined plaintiff failed to meet the … August 8, 2022. On September 20, 2022, plaintiff filed a complaint against defendants claiming she sustained injuries … Plaintiff certified she was experiencing pain and discomfort when standing or driving for long periods of time. …
- njcourts.gov… of three offenses that would constitute criminal acts if committed as an adult. S.C. argues the trial court erred … years old, was charged with acts of delinquency, which if committed by an adult would constitute: first-degree … of the assault. Nor, the court found, did the detective compromise the reliability of Z.B.'s statements. The court …
- A-2747-22 – STATE OF NEW JERSEY VS. JAQUAN A. SUBER (17-12-1637, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the evidence should [have been] excluded" or "reasonably competent counsel would have requested a limiting … unchallengeable." Nevertheless, he asserted "a less than complete investigation of the law and facts are subject to … consecutive sentences." Defendant contended "[r]easonably competent appellate counsel would have raised the …
- njcourts.gov… Judges Firko and Augostini. On appeal from the New Jersey Commissioner of Education, Docket No. 73-4/22. Patrick F. … Deputy Attorney General, argued the cause for respondent Commissioner of Education 1 We use initials to protect the … 2023 final agency decision of respondent, the New Jersey Commissioner of Education (Commissioner),2 affirming the …
- njcourts.gov… 2023 order granting defendants' motions to dismiss their complaint with prejudice for failure to state a claim … There is no legal authority . . . that they had to obediently follow without regard to exercising judgment or … in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to …
- A-0323-22 – STATE OF NEW JERSEY VS. ROSENDO S. GOMEZ-SERPAS (16-08-0548, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… she didn't want to go with him because her boyfriend had come to pick her up and she was going to go with him." … . . . DEFENDANT OF A JURY INSTRUCTION THAT WOULD HAVE COMPLETELY EXONERATED HIM FROM CRIMINAL LIABILITY, AND … errors must create a "reasonable probability" that the outcome of the proceedings would have been different if counsel …
- njcourts.gov… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Respondent. ___________________________ Argued … On appeal from the New Jersey Public Employment Relations Commission, PERC No. CU-2019-020. NOT FOR PUBLICATION … cause for respondent New Jersey Public Employment Relations Commission (Christine R. Lucarelli, General Counsel, …
- njcourts.gov… 404(b) evidence. Third, defendant argue[d] the judge compounded these errors by allowing [his wife] to testify … on April 15, 2021, the PCR judge issued an order and accompanying written opinion denying defendant's petition. In … State v. Fritz, 105 N.J. 42, 49-58 (1987), or that the outcome would have been different without the purported …
- njcourts.gov… Law Division order denying its application to admit fresh complaint evidence at the trial of defendant Joseph Gares. … time after the alleged sexual abuse, we affirm. I. We commence our review with the governing legal principles to give context to the issues raised on appeal. The fresh complaint doctrine's "narrow purpose," State v. Hill, 121 …
- njcourts.gov… Kim appeals from the November 13, 2020 order dismissing his complaint against defendant New Jersey Institute of … which ultimately result[ed] in loss of credibility with the community." The letter further explained that during the … asserts plaintiff failed to exhaust his administrative remedies, which we also do not address at this time. Defendant …
- A-0716-21 – STATE OF NEW JERSEY VS. MALICK THIOUBOU (21-06-0087, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… additional delays associated with the COVID-19 pandemic in completing the trial.2 1 The Law Division court noted, … 1, 2021. Judge Michael A. Guadagno issued a thorough and comprehensive opinion, discussed more fully below, finding … 42 N.J. 146, 162 (1964)). The rule of deference is more compelling where, as here, the municipal and Law Division …