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- Senior Citizens United Community Services, Inc. v. Director, Division of Taxation - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … SENIOR CITIZENS UNITED : COMMUNITY SERVICES, INC., : DOCKET NO: 008789-2019 : … other than the words the Legislature has chosen, our primary task is to effectuate the legislative intent in …
- njcourts.gov… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … . The prohibition on ex post facto laws thus advances two primary purposes: “It assures that individuals can rely on … registration requirements constitute non-punitive civil remedies rather than criminal 15 Distilled to its essence then, …
- H.R. & I.R. v. New Jersey State Parole Board (082373) (Mercer County & Statewide) - Published Opinionsnjcourts.gov… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … to PSL and had no additional parole requirements -- commenced this action in 2015, to challenge the … high recidivism rates and, according to some studies, are four to five times more likely to commit a new sex …
- njcourts.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 … a private person. N.J.S.A. 59:2-2(a) then sets forth the primary source of public entity liability: an “injury …
- State in the Interest of D.M., a Juvenile (079999) (Union County and Statewide) - Published Opinionsnjcourts.gov… charged D.M. with delinquency based on conduct which, if committed by an adult, would constitute first-degree … under which the State must prove that the juvenile committed an act of sexual penetration on a victim less than … 2C:14-1(c).2 To prove that element, the State relied primarily on Z.Y.’s pretrial statement to the police …
- njcourts.gov… 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 … hit her with a "brush hair," which Fred clarified was a comb. The caseworker reported Nina "indicated that her …
- njcourts.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 … a “testimonial statement” -- a statement uttered with the primary purpose that it be used in a later criminal …
- njcourts.gov… how the victim was afraid of defendant, who had made sexual comments to her and tried to get in her house. The neighbor … protect possible evidence connected with the foul deeds." Commonwealth v. Cross, 496 A.2d 1144, 1150 (Pa. 1985). … latter part of this 28 A-5586-13T2 definition focuses primarily upon the perceptions of the suspect, rather than …
- njcourts.gov… the disorderly persons offense of criminal mischief. The complaint-warrant specified that Montalvo was charged with … he first provided the instructions for Count Two. The judge primarily relied upon the Model Jury Charge for N.J.S.A. … self[-]defense, is limited only to cases of spontaneous and compelling danger.” Minutes later, the jury found Montalvo …
- State v. June Gorthy - Published Opinionsnjcourts.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 … voluntarily decide not to raise that defense. III. A. The primary question raised by defendant in this appeal is …
- njcourts.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 the ordinance, as well as the need for further studies on the impact of digital billboards, provide a rational …
- njcourts.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 … The factual record of the suppression hearing is based primarily on the officer’s testimony. B. On July 5, 2006, at …
- State v. William L. Witt - Published Opinionsnjcourts.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. … The State argues that the Alston test should be reinstated primarily because (1) the standard governing exigent …
- State v. Thomas Shannon - Published Opinionsnjcourts.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 … rule under these circumstances divorces the rule from its primary purpose -- to deter future police misconduct -- and …
- njcourts.gov… affirmed, holding that defendant had not presented a prima facie case of ineffective assistance of counsel and … (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 …
- njcourts.gov… and received epidural-injection therapy from her primary care physician. Although plaintiff initially did not … disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] …
- State v. Byseem T. Coles - Published Opinionsnjcourts.gov… with padlocks, and Ms. Coles explained that the locks were primarily intended to keep younger children from rummaging … 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. …
- L. 2021, c. 25 Documentnjcourts.gov… petty disorderly persons offense, without the 4 filing of a complaint with the court. The municipal court that has 5 … fine of up to $75,000 may be imposed; 29 (6) Lysergic acid diethylamide, or its analog, in a quantity of 30 100 … of up to $500,000 may be 39 imposed; 40 (7) Lysergic acid diethylamide, or its analog, in a quantity of 41 less than …
- L. 2019, c. 153 Documentnjcourts.gov… access medical cannabis; establishes Cannabis Regulatory Commission; revises permit requirements for alternative … as well as their [physicians] health 6 care practitioners, [primary] designated caregivers, institutional 7 caregivers, … agriculture, 36 biology, business, chemistry, culinary studies, ecology, 37 environmental studies, health care, …
- A-3743-18 Opinionnjcourts.gov… 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 … Waters "to his drug rehabilitation counselor." But after completing rehab therapy, D.U. continued to keep his sexual … States Constitution and this State's common law, now embodied in statute, N.J.S.A. 7 Enacted in 2007, Nicole's Law …