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- A-2206-18 Opinionnjcourts.gov… positive for heroin. Prior to trial, defendant moved to compel the laboratory reports for the purported drugs … and sought an application for a material witness order to compel the CI's testimony at a Franks hearing. Defense … at 202-03. Adopting the "detailed and nuanced" approach embodied in People v. 11 A-2206-18 Luttenberger, 784 P.2d 633 …
- A-4206-19 Opinionnjcourts.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 …
- A-0271-20 Opinionnjcourts.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. …
- A-2394-20 Opinionnjcourts.gov… the motion judge granted defendants summary judgment. In a comprehensive written opinion, the judge found that the … defendants performed a deficient repair, without drawing a comparison of the sidewalk before and after the alleged 6 … on a question of law. See Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995) (noting no …
- A-3038-20 Opinionnjcourts.gov… was sufficient to support a finding that defendant, S.C.K., committed the predicate acts of assault and criminal sexual … stated "but no expectations." Defendant also made several comments in his texts referring to getting "s***-faced and … results on a toxicology test of the drinking glass had not come back, nor had the results of a rape kit for DNA …
- A-2046-20 Opinionnjcourts.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 …
- A-3192-20 Opinionnjcourts.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 …
- A-4065-18 Opinionnjcourts.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 …
- 4.43 Charges Document PDFnjcourts.gov… 365 N.J. Super. 520, 575 (Ch. Div. 1972). In sum, the Committee believes that there is a right to jury trial for a … of N.J.S.A. 56:8- 2 which declares that “any unconscionable commercial practice, deception, fraud, false pretense, false … it was performed. The capacity to mislead is the prime ingredient of the affirmative consumer fraud alleged [state the …
- evidence8 Documentnjcourts.gov… A “writing” consists of letters, words, numbers, data compilations, pictures, drawing, photographs, symbols, sounds, or combinations thereof or their equivalent, set down or … testimony at the trial or hearing and is offered in compliance with Rule 613. However, when the statement is …
- A-0128-19 Opinionnjcourts.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 …
- Case Management Order May 30, 2019 with Exhibit A Orders and Decisionsnjcourts.gov… MANAGEMENT ORDER: APRIL 4, 2019 CMC THIS MA TIER, having come before the Court at a case management conference on … L-8819-14 Altholtz, Irene Levensten Law Firm L-6711-14 Balcom, Esme Levensten Law Firm L-7887-14 Baron, Charlotte … L-8624-14 Fugitt, Kazuko Parker Waichman L-7425-14 Galleshaw, Dianne Parker Waichman L-8623-14 Gasking, Maureen …
- A-0790-18T1 Opinionnjcourts.gov… record of any offense . . . . If you were to successfully complete . . . PTI . . . there would be a suspension of the … discussion in a written opinion beyond the following brief comments. R. 2:11-3(e)(2). 4 559 U.S. 356 (2010). 8 … whether – and under what circumstances – the successful completion of PTI would permit a defendant to avoid …
- A-1261-19 Opinionnjcourts.gov… Systems, Inc. (MERS) as nominee for The New York Mortgage Company, LLC, which was recorded on September 26, 2005. Of … [paid] off prior to closing." The marked-up title insurance commitment report required payoff of the $80,000 Fleet HECLA … second position. On October 17, 2014, plaintiff filed its complaint. Thereafter, plaintiff filed a second amended …
- A-0599-20T6 Opinionnjcourts.gov… Superior Court of New Jersey, Law Division, Ocean County, Complaint No. W-2019-000346-1507. Nelson, Fromer, Crocco & … constitute such changed circumstances. So may a defendant's compliance with restrictive conditions over an extended period, if such compliance coincides with another material change …
- A-1498-19 Opinionnjcourts.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, …
- A-2973-20 Opinionnjcourts.gov… care and supervision of Zoey after Ashley threatened to commit suicide and punched a police officer. Ashley was … John into her apartment when he arrived and repeated her comments about "the Lord's blood" and the devil. John heard … Seventh Omnibus Order.3 The judge found the matter was not complex, and did not qualify as the type of case to proceed …
- A-1226-17T1 Opinionnjcourts.gov… (count three); second-degree possession of a firearm while committing a narcotics offense, N.J.S.A. 2C:39-4.1(a) (count … rights. She also found defendant's English "clear and comprehensive" and that defendant could be heard on the … like he is alert. He, frankly, sounds like he is very comfortable throughout the statement." Because the second …
- A-0575-14T4 Opinionnjcourts.gov… he was assigned to the CCPD's Real Time Tactical Operations Command Center, which is the department's technological 1 … was positioning something or holding something. Once he got comfortable, he took his hand off his right waistband and … by the military. It was originally developed to help our soldiers combat snipers. It basically is a series of …
- A-5036-14T2 Opinionnjcourts.gov… 8 A-5036-14T2 Juror: You know, I think it was some of the ladies, you know, but you know. . . . The Court: But getting … following my instructions on the law, did the subject come up then? Juror: No, no, just at the end when they said … XVI; N.J. CONST. ART. I, PARS. 1 AND 10. POINT II THE STATE COMMITTED PROSECUTORIAL MISCONDUCT THROUGHOUT THE TRIAL BY …