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- 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, … of commercial speech, known as the Central Hudson standard. The Court has recognized that laws that regulate only …
- A-13-14 Opinionnjcourts.gov… of third-party-guilt testimony. In October 2006, defendant was charged with second-degree possession of a weapon … on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … apartment was July 5, 2006. The record does not contain irrefutable evidence to support that assumption. However …
- A-9-14 Opinionnjcourts.gov… 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. … abuses associated with such searches and the potential for future abuses. Adherence to stare decisis serves a number of …
- A-111-13 Opinionnjcourts.gov… the Court considers whether evidence seized after defendant’s arrest, made in the absence of a valid warrant or … been judicially vacated but had not been removed from the computer database showing active warrants. On March 26, … divorces the rule from its primary purpose -- to deter future police misconduct -- and ignores the significant …
- A-12-21 Opinionnjcourts.gov… the Court considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a … for Compassionate Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included … identity of a litigant seeking relief in the setting of a future compassionate relief proceeding. (pp. 40-43) AFFIRMED …
- A-76-15 Opinionnjcourts.gov… in his home while answering the front door. Defendant Crisoforo Montalvo and his wife lived directly above … the disorderly persons offense of criminal mischief. The complaint-warrant specified that Montalvo was charged with … herself with a carpet-cutting razor in anticipation of a future conflict outside the home. 118 N.J. at 373-74. She …
- A-19-12 Opinionnjcourts.gov… relief (PCR), the Court addresses whether defendant has alleged facts that, when viewed in the light most … (pp. 14-16) 3. Here, defendant’s petition was not accompanied by an affidavit or certification setting forth the … Further, although defendant’s simple verification does not comply with the Court Rules, the Court accepts the statement …
- A-15-12 Opinionnjcourts.gov… to by the homeowner and which occurred while the defendant was unlawfully detained. Late on May 18, 2009, Camden … 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. …
- A-5468-16T1 Opinionnjcourts.gov… to I-495 and the Lincoln Tunnel to New York City. To accommodate exiting traffic, the three south-bound lanes expand to … argument was rejected in Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 511 (1981). Furthermore, citing …
- A-1613-18T2 Opinionnjcourts.gov… 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. … and failed to make findings as to whether J.C. is a danger to himself and others. For the following reasons, we …
- A-1591-17T1 Opinionnjcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. P.J.M., Defendant-Appellant. __________________________ Argued March 20, … believe his daughter's allegations against defendant. II Complaining Witness' Testimony Amelia was sixteen years old … Witness's Father's Testimony Amelia's father D.J.A. (Diego), who is also defendant's brother, testified as a …
- A-5362-17T4 Opinionnjcourts.gov… In 2010, defendant was charged with child endangerment and completed a pre-trial intervention program. The charge … of the parties; n) The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable … equitable award in favor of defendant. Equitable remedies are distinguished for their flexibility, unlimited …
- A-1578-16T2 Opinionnjcourts.gov… FLOCKHART, Plaintiff-Respondent, v. KAREN FLOCKHART, Defendant-Appellant. _______________________________ Argued … 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-5333-15T4 Opinionnjcourts.gov… AND PERMANENCY, Plaintiff-Respondent, v. L.G., Defendant-Appellant. __________________________________ IN THE … Nina, based on, among other things, Nina's therapist's recommendation. Finally, three years later, after a … remain "temporarily suspended" until Nina's therapist recommended that it resume. 1 We use pseudonyms to protect the …
- A-2058-15T3 Opinionnjcourts.gov… SHAW, JR., JEROME SHAW, JERONE SHAW, JR., and ROME, Defendant-Appellant. _______________________________ Submitted … 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 … determine whether and how they should apply the factors to future cases. Given the presentation of new evidence, the …
- A-5586-13T2 Opinionnjcourts.gov… JERSEY, Plaintiff-Respondent, v. ROBERT L. HAYES, JR., Defendant-Appellant. ______________________________________ … how the victim was afraid of defendant, who had made sexual comments to her and tried to get in her house. The neighbor … to secure the DNA evidence as soon as those witnesses refuted his alibi. Finally, the evidence could have been …
- A-90-18 Opinionnjcourts.gov… the Board to track H.R.’s movements twenty-four hours per day, seven days per week, through an ankle bracelet device. … 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… public entities and employees, applies to a criminal defendant’s legal malpractice claim filed against his public … 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 …
- A-3743-18 Opinionnjcourts.gov… NEW JERSEY, Plaintiff-Respondent, v. ALLEN HARBATUK, Defendant-Appellant. _______________________ Submitted January … sexual assault, in violation of N.J.S.A. 2C:14-2(c)(4), committed upon the victim, D.U.,1 a minor. Defendant was … States Constitution and this State's common law, now embodied in statute, N.J.S.A. 7 Enacted in 2007, Nicole's Law …
- A-2819-19/A-2820-19 Opinionnjcourts.gov… 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 … deficits are unlikely to be remediated in the foreseeable future. These children have experienced severe physical …