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- State v. Byseem T. Coles - Published Opinionsnjcourts.gov… and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. … 22, 2013 – Decided May 19, 2014 On certification to the Superior Court, Appellate Division. Frank Muroski, Deputy …
- A-5327-16T3 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … or the sentence. With one minor exception, no errors were committed at trial, much less the cumulative errors … the robber told Perdomo to "give him the money." Perdomo complied with the demand and gave the assailant between $200 …
- A-1615-18T1 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … order entered following a bench trial finding he committed the following acts that would be crimes if committed by an adult: second-degree sexual assault by force …
- A-5362-17T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … In 2010, defendant was charged with child endangerment and completed a pre-trial intervention program. The charge … equitable award in favor of defendant. Equitable remedies are distinguished for their flexibility, unlimited …
- A-2058-15T3 Opinionnjcourts.gov… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … to third-degree conspiracy to July 23, 2018 A-2058-15T3 2 commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … the vehicle. Riedel suspected the two men were planning to commit a burglary, or already had committed one. Once Riedel …
- A-5468-16T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … to I-495 and the Lincoln Tunnel to New York City. To accommodate exiting traffic, the three south-bound lanes … argument was rejected in Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 511 (1981). Furthermore, citing …
- A-1613-18T2 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … A-1613-18T2 his younger brother. The trial judge ordered a competency evaluation of J.C. pursuant to N.J.S.A. 2C:4-5. … by a licensed psychologist, and J.C. moved to dismiss the complaint based upon lack of mental capacity to proceed. …
- A-1578-16T2 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … Family Part entered after a twelve-day trial. The JOD was accompanied by a forty-seven page decision in which the trial … he could turn his landscaping business' leaf waste into compost and brush into mulch. Defendant, who had a graphic …
- A-2819-19/A-2820-19 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … each prong of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Laura also argues the court … [Kira] upside down underneath."2 On June 30, 2017, Carl "completed a [v]ideotaped [i]nterview [s]tatement" with a …
- A-39-19 Opinionnjcourts.gov… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … his conviction. Relying on State v. Timmendequas, 460 N.J. Super. 346 (App. Div. 2019), the appellate court reversed … registration requirements constitute non-punitive civil remedies rather than criminal 15 Distilled to its essence then, …
- A-30-17 Opinionnjcourts.gov… charged D.M. with delinquency based on conduct which, if committed by an adult, would constitute first-degree … of sexual assault” under N.J.S.A. 2C:14-2(b). 451 N.J. Super. 415, 423 (App. Div. 2017). The State then requested … under which the State must prove that the juvenile committed an act of sexual penetration on a victim less than …
- A-67-16 Opinionnjcourts.gov… between fantasy and reality, and who was declared incompetent as a witness by the court, was permitted to testify pursuant to the incompetency proviso of N.J.R.E. 803(c)(27). The Court … violated Alex’s federal confrontation rights. 447 N.J. Super. 485, 490 (App. Div. 2016). The panel did not address …
- A-10-13 Opinionnjcourts.gov… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … defendants’ control or that their testimony would have been superior to that which was already utilized. Finding that … He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] …
- A-51-14 Opinionnjcourts.gov… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her to assert an insanity defense, based on the … period. On November 15, 2006, defendant was charged under a superseding indictment with stalking and weapons offenses. …
- A-40-14 Opinionnjcourts.gov… that passes through the Township. In 2008, the Township commenced a review of its ordinance governing signs and … application, E&J relied on two of a number of published studies which addressed digital billboards and traffic safety, … in a published decision, and upheld the ordinance. 437 N.J. Super. 490 (App. Div. 2014). The panel stated that the …
- A-13-14 Opinionnjcourts.gov… on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … seeing the porch’s sliding glass door open, its screen door come crashing down, and defendant step onto the porch. In … 9, 2015 – Decided April 25, 2016 On certification to the Superior Court, Appellate Division. Jane C. Schuster, Deputy …
- A-9-14 Opinionnjcourts.gov… was no justification for this motor vehicle stop.” 435 N.J. Super. 608, 610-11 (App. Div. 2014). The panel declined to … drivers to dim their high beams only when approaching an oncoming vehicle within 500 feet. The Court granted the … because it is not fully consonant with the interests embodied in Article I, Paragraph 7 of the State Constitution. …
- A-111-13 Opinionnjcourts.gov… been judicially vacated but had not been removed from the computer database showing active warrants. On March 26, … for entering that information. Notably, separate computer databases are used for traffic violations and … April 27, 2015 – Decided August 19, 2015 On appeal from the Superior Court, Appellate Division. Ian D. Brater, Special …
- A-90-18 Opinionnjcourts.gov… offender. His sentence also included placement on parole supervision for life (PSL). When he was released from … wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … high recidivism rates and, according to some studies, are four to five times more likely to commit a new sex …
- A-69-18 Opinionnjcourts.gov… concluding that “public defenders are public employees that come within the TCA’s immunities and defenses” and that … includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any … Esq., Defendants-Respondents. On certification to the Superior Court, Appellate Division. Argued January 6, 2020 …