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- njcourts.gov… to dismiss the remaining counts against defendant and to recommend a non-custodial sentence of probation with … the charges were dismissed, he would not have had to show a compelling reason––a requirement for a defendant charged … relax the five-year time bar, there must be a showing of "compelling, extenuating circumstances," State v. Milne, 178 …
- njcourts.gov… she was the District Supervisor of Assessment and Social Studies and District Test Coordinator. She was responsible for … that PARCC protocols permit students entitled to an accommodation to "receive two calculators – their grade/course … to an accommodation. He decided the breach would be remedied by having the students re-tested using calculators …
- STATE OF NEW JERSEY VS. GABRIEL C. BARNES (13-01-0178, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… was convicted of one count of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1; … 2C:39-4(a); and one count of fourth-degree conspiracy to commit an act of false swearing, N.J.S.A. 2C:5-2, N.J.S.A. … was "persuaded" by Parker's cousin not to proceed with a complaint because it would not help defendant. According to …
- STATE OF NEW JERSEY VS. JEMPSLEY BRUN (18-03-0159, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to stop and get out of the vehicle. Defendant did not comply, and an officer reached into the vehicle and placed … because he resisted the officers and that resistance, in combination with defendant's prior actions in moving the car … search of the vehicle and that the gun found in the floor compartment of the vehicle was not defendant's gun because …
- STATE OF NEW JERSEY VS. RONALD WALTON (13-06-1489, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a jury in Tennessee of assault and battery with intent to commit rape and burglary. He was sentenced to ten to twelve … be applied to defendants whose underlying convictions were committed prior to January 17, 2014. State v. Hester, 233 … guilty. On December 30, 2019, Judge Martin Cronin issued a comprehensive written opinion denying the petition without …
- njcourts.gov… County, on October 20, 2011. Count one alleged, that while committing a theft, defendant and Bowers purposely put … and sixteen); four counts of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1 … by unlawful taking), seven (second-degree conspiracy to commit armed robbery), eight (third-degree theft by unlawful …
- njcourts.gov… search is presumptively unreasonable. Ibid. To overcome that presumption, the State must prove by a … that the driver of a vehicle, or its occupants, is committing a motor-vehicle violation or a criminal or … they picked up the couch's cushions to see if there was a compartment in which defendant was hiding, and, in doing so, …
- STATE OF NEW JERSEY VS. BRUCE A. POOLE (18-08-0457, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… could see them." The two passengers in the vehicle complied with Vitter's directive, but defendant did not . … defendant's movements towards his lap area, his noncompliance with the initial order to show his hands, the … windows, provided a reasonable and articulable suspicion he committed motor vehicle violations supporting the motor …
- njcourts.gov… I. In 2003, Cicalese became subject to Megan's Law and community supervision for life as part of his sentence for … incarcerated. But Watkins said that he did not swear out a complaint warrant against Cicalese for failure to notify … violating a condition of a special sentence of community supervision for life (CSL); specifically, it …
- STATE OF NEW JERSEY VS. JOSHUA EVANS (15-10-1241, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … ALLEGED TO HAVE HINDERED APPREHENSION. A. THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY CHARGING THE JURY ON THE WRONG … defines the defense-of-others legal justification to encompass situations where the actor "reasonably believes" his …
- ELENA MERCADO VS. DONNA L. KRIMMEL, ET AL. (L-0230-17, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… City. She appeals from a summary judgment dismissing her complaint based on the weather immunity accorded public … act .4 See id. at 292 (explaining "[t]he Task Force Comment to N.J.S.A. 59:2-3(d) concludes by stating, 'this … in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without 4 Although …
- njcourts.gov… to protect appellant's privacy. 3 A-2564-19 hours to accommodate for physical therapy after K.S.'s thumb surgery. … hostile environment" and was given a new position as the community service director. In 2010, K.S. became aware of a … net opinion rule is an evidentiary ruling. See In re Civil Commitment of A.Y., 458 N.J. Super. 147, 168 (App. Div. …
- njcourts.gov… not restored, the Association moved to enforce plaintiffs' compliance with the consent order. The Chancery Division … judge denied the motion, finding plaintiffs substantially complied with the terms of the consent order. Plaintiffs … 2 of the bylaws provided: Each Trustee, officer or committee member of the Association shall be indemnified by …
- STATE OF NEW JERSEY VS. JEROME BEARFIELD (18-08-2362, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the statements on appeal. In accordance with the State's recommendation per the plea agreement, the judge sentenced … COURT'S REJECTION OF MITGATING FACTORS WAS NOT SUPPORTED BY COMPETENT, CREDIBLE EVIDENCE IN THE RECORD. We have … and agreed to answer the detective's questions; defendant complied and then signed the form as requested. Afterward, …
- njcourts.gov… injury and Robert's per quo claim for loss of her services, companionship, and society because it failed to repair a … aesthetically for its color[.]" Patina, Merriam-Webster.com Dictionary (2022), https://www.merriam- … risk of danger known by the Township and sought to be remedied, the greater the need for urgency." Ibid. Although …
- STATE OF NEW JERSEY VS. PAUL MARINACCIO (19-026H, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… N.J.S.A. 2C:43-3.2, and $50 to the Violent Crimes Compensation Board, N.J.S.A. 2C:43-3.1. This appeal … findings so long as they are supported by sufficient competent evidence in the record, State v. Reece, 222 N.J. … established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). N.J.S.A. …
- njcourts.gov… Jersey, Law Division, Essex County, Docket No. L-7691-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. Armen … action that makes plaintiff completely whole and remedies a prior decision cannot constitute an adverse …
- njcourts.gov… of a final restraining order; has never been civilly committed or hospitalized for mental health issues; has no … that their divorce will be "contentious . . . in the upcoming weeks or months." Indeed, A.K. testified that he … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
- STATE OF NEW JERSEY VS. WILLIAM E. VALLOREO (A-21-0002, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… guilty after his attorney waived a formal reading of the complaint and withdrew his not guilty plea. After the judge … in the negative but stated he and defendant "read it on the computer . . . together." Before accepting defendant's … intoxicated driver resource center; ordered thirty days of community service; suspended his driving registration …
- njcourts.gov… prison terms on the remaining counts, ordered defendant to comply with the Megan's Law registration requirements, and … Instruction. B. The Court Neglected to Issue a Fresh Complaint Instruction. POINT II THE PERVASIVE PROSECUTORIAL … the jury a specific unanimity charge as well as a fresh complaint instruction. We disagree. It is well settled that …