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- njcourts.gov… prior conviction subject to the No Early Release Act (NERA) commits an unlawful possession of a weapon offense under … 2C:39-5(j) reveals that it sets forth a substantive offense comprised of two distinct elements. First, the State must … guise of avoiding an allegedly undesirable or unexpected outcome. The Court therefore holds that subsection (j) …
- njcourts.gov… Violence Act (PDVA)2 against him. Before trial could commence, P.H. unsuccessfully sought a TRO against J.H., … denied P.H. the opportunity to amend or refile his TRO complaint, determining that P.H. had waived his right to do … Rule 1:38-3(d)(10). 2 N.J.S.A. 2C:25-17 to -35. 3 A-2273-22 Compensatory damages pursuant to the PDVA were ordered in a …
- STATE OF NEW JERSEY VS. JERMAINE MCCAIN (16-12-1848, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… RIGHTS TO DUE PROCESS AND A FAIR TRIAL. POINT IV THE COURT COMMITTED REVERSIBLE ERROR WHEN PERMITTING THE LEAD … and heard motions to: reveal a confidential informant; compel production of internal affairs records; dismiss the … that "unanimity is not required when a statute embodies a single offense that may be committed in a number of …
- njcourts.gov… grandmother.2 2 The Division had previously investigated complaints of neglect against defendants in 2018 and 2019, … family, seeking bilingual providers or interpreters to accommodate potential language-related issues.5 Eventually, … sufficiently ameliorate the risk of harm; and (2) if unremedied, whether the delay needed to address and lessen that …
- MELISSA MIGUT VS. STATE OF NEW JERSEY, ET AL. (L-0934-14, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… favor of plaintiff Melissa Migut, a former employee. In her complaint, plaintiff alleged she sustained injury during a fire drill because of the AOC's failure to accommodate her disability, in violation of the New Jersey Law … After the jury awarded plaintiff a total of $1,767,531 in compensatory damages, the trial judge entered a final …
- njcourts.gov… said she would not return Daughter without a formal order commanding her return. So, on December 4, 2015, the court … the Kansas divorce court's order, limiting Doughty to email communications regarding the child.5 The court wrote in its … in the record for the court's concern about Doughty's obedience of court orders. Notably, Doughty refused to abide by …
- njcourts.gov… N.J. Court Rules, Appendix IX-A to R. 5:6A, www.gannlaw.com (2021). 3 A-2225-20 For the reasons that follow, we … the children received. According to defendant, under Diehl v. Diehl, 389 N.J. Super. 443 (App. Div. 2006), he is entitled …
- njcourts.gov… defendant stated, "Might as well put the bracelets on me, yeah I did it." Based on the files found on defendant's computers and his admission that he had routinely viewed … confessed to possessing pornographic videos of M.L. on his computer. He admitted to videotaping M.L. A-4302-15T4 3 when …
- njcourts.gov… J., writing for the Court. Under New Jersey’s Unemployment Compensation Law (UCL or Act), N.J.S.A. 43:21-1 to -71, an … Appeal Tribunals affirmed because McClain and Blake did not commence their new employment within seven days of leaving … 2017). The panel construed the phrase “employment which commences” to mean that the employee must actually begin …
- njcourts.gov… J., writing for the Court. Under New Jersey’s Unemployment Compensation Law (UCL or Act), N.J.S.A. 43:21-1 to -71, an … Appeal Tribunals affirmed because McClain and Blake did not commence their new employment within seven days of leaving … 2017). The panel construed the phrase “employment which commences” to mean that the employee must actually begin …
- STATE OF NEW JERSEY VS. HAROLD A. TUCKER (11-05-0707, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the victim's lover left their room in search of her companion. In the hallway, she observed blood on the wall, … found at the scene, the unidentified bullet could have come from a .38-caliber gun. Defendant certified that … 2017, granting defendant an evidentiary hearing. In his accompanying written opinion, the judge limited the …
- njcourts.gov… where he also holds citizenship, while remaining under Community Supervision for Life (CSL). J.K. was sentenced to … to consider whether [it] could supervise or monitor J.K.’s compliance with the conditions of CSL or impose special … according to which “[p]ersons serving a special sentence of community supervision shall be supervised as if on parole,” …
- State in the Interest of J.A., a Juvenile (077383) (Burlington County and Statewide) - Published Opinionsnjcourts.gov… from the police, he went to their younger brother’s room accompanied by an officer, found a phone, and gave it to the … unconstitutional police action and the secured evidence becomes so attenuated as to dissipate the taint from the … effects from her home and entered the tenant’s apartment accompanied by a police detective. Id. at 413-14. The landlady …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS 1 February 2, 2018 Michael P. … opinion on defendant’s motion to dismiss plaintiff’s Complaint, and on plaintiff’s motion to amend the Complaint and to compel discovery. Defendant maintains that: …
- njcourts.gov… because his vehicle had three operable taillights, in compliance with the requirements of N.J.S.A. 39:3-61(a) and … stop the vehicle and because the stop was lawful under the “community caretaking” function by which police officers … a violation of the statute and because he was engaging in community caretaking by letting defendant know that his …
- njcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of the Case Before the Court is a Motion to Dismiss the Complaint filed by the defendant, Dawn Frankl (“Dawn” or “Defendant”), seeking to dismiss the Complaint pursuant to R. 4:6-2(e). The plaintiffs, Cooling …
- STATE OF NEW JERSEY VS. VASILIO KOUTSOGIANNIS (13-07-1902, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… members who testified at the suppression hearing share a common surname, we refer to them by their first names in … At around 6:15 p.m., STPD Patrolman Robert Conforti, accompanied by his K-9 dog who was trained to track the … basement walking toward the officers with her hands up. She complied with police orders to come to them. She was then …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS May 16, 2017 Thomas A. Blumenthal, … Total $555,900 The average ratio of assessed to true value, commonly referred to as the Chapter 123 ratio, for the … and adult fixtures. The interior is finished with a combination of hardwood flooring, vinyl tile, carpeting, …
- njcourts.gov… to a police officer’s search of a vehicle’s passenger compartment in the wake of a traffic stop. After observing a … articulable and reasonable suspicion that defendant had committed traffic offenses and that the search constituted a … 2015). The panel rejected the State’s assertion that the community-caretaking exception governs this case and noted …
- State v. Shaquille A. Nance; State v. Taja L. Willis Bolton; State v. Alvin D. Williams - Published Opinionsnjcourts.gov… shotgun. As part of that agreement, the State was to recommend a sentence of five years’ imprisonment with one year … a third-degree offense for purposes of sentencing, and to recommend a sentence of three years’ imprisonment with one … to impose sentences that diverged from the terms recommended by the State as part of defendants’ plea …