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- 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 …
- A-2328-24 Briefs Briefsnjcourts.gov… State Parole v. : Board Declining to Recalculate Parole Commencement Date. NEW JERSEY STATE : PAROLE BOARD, : … PURSUANT TO THE NO EARLY RELEASE ACT WAS REQUIRED TO COMMENCE UPON HIS RELEASE FROM STATE PRISON AND COULD NOT BE … 7 POINT II THE PAROLE BOARD CALCULATED WRIGHT’S PAROLE COMMENCEMENT DATE BASED ON AN ERRONEOUS STATUTORY …
- 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) …
- A-0883-24 Briefs Briefsnjcourts.gov… FROM ORDER DISMISSING Respondent : PLAINTIFF’S EVICTION COMPLAINT : IN THE SUPERIOR COURT OF NEW : JERSEY, SPECIAL … on October 11, 2024, dismissing Plaintiff’s eviction complaint in the Superior Court of New Jersey, Special Civil … “demand-side” Section 8 “tenant-based” portable rental subsidies that allow low-income tenants to enter the existing …
- A-0747-23 Briefs Briefsnjcourts.gov… Final : Administrative Determination of the : Civil Service Commission : : State of New Jersey : Civil Service Commission, sat below : … Cases Page Aqua Beach Condominium Association v. Dept. of Community Affairs 186 N.J. 5, 15-16 (2006) . . . . . . . . . …
- A-3380-23 Briefs Briefsnjcourts.gov… affidavit[s] in a hypertechnical, rather than a commonsense, manner.” Ibid. (alterations in original) … one. The officer’s statements must be looked at in a common sense way without a grudging or negative attitude. … task of the issuing judge “is simply to make a practical, common- sense decision whether, given all the circumstances …
- A-1068-23 Briefs Briefsnjcourts.gov… Esq. Attorney No. 016032003 j bryce(c_l),murphymckeon law .com AMENDEDFILED, Clerk of the Appellate Division, March 12, … AWARD ATTORNEY'S FEES BECAUSE THERE THE TOWNSHIP CUSTODIAN COMPLIED WITH OPRA AND THERE WAS NO l AMENDEDFILED, Clerk of … and whether not doing so is an OPRA violation. The matter comes before this Panel after a prior appellate remand to …
- A-17-24 Supplemental Appellant Brief Briefsnjcourts.gov… by the Panel in the instant case. The Model Jury Charge Committee disagreed as well: it issued a model charge that … appeared before Judge Paone for sentencing, the State recommended a 10-year prison term with a 5-year parole … on an offender []who uses or possesses a firearm while committing … certain designated crimes.” State v. Nance, 228 …
- A-1553-21 – STATE OF NEW JERSEY VS. HAROLD A. TUCKER (11-05-0707, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-0530-20 – STATE OF NEW JERSEY VS. JERMAINE MCCAIN (16-12-1848, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.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… 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 …
- njcourts.gov… 27 order denying intervenor Blackball LLC's motion to compel and extend discovery; and November 15 order denying … that chancery judges are charged to fashion equitable remedies when warranted. He determined defendants had … judge has broad discretionary power to adapt equitable remedies to the particular circumstances of a given case." …
- njcourts.gov… Borough of Seaside Park. After taking over four years to complete hearings, the Berkeley Township Planning Board (Board) recommended a year later that the Township deny the … giving or withholding consent to deannexation, governing bodies have traditionally been afforded discretion, but …
- STATE OF NEW JERSEY VS. GREGORY D. PRIOR (18-08-0821, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… State's agreement to dismiss the remaining two counts and recommend an extended- term nine-year sentence to run … state privilege against self-incrimination under our common law and evidence rules, State v. Hartley, 103 N.J. … Fleites, Chung, and Musso identified defendant as having committed the crimes based on his distinct appearance and …
- njcourts.gov… C. Miller's supposedly furtive movements, and failure to comply with the commands of an officer — who suddenly appeared from behind … head," whom the informant knew to sell heroin and cocaine, "commonly . . . accompanied by a [different] female," would …
- njcourts.gov… COURT ABUSED ITS DISCRETION WHEN IT ADMITTED, AS "FRESH COMPLAINT," EVIDENCE OF A.S.'S VAGUE ALLEGATIONS TO HER … When It Admitted These Vague Allegations Under [t]he Fresh Complaint Doctrine: The Seven-Year Delay Rendered [t]he Complaint Not "Fresh," [a]nd [t]he Court's Decision Was …
- njcourts.gov… she was standing. Jenny Sierra, a Division caseworker, accompanied Beltran to the police station and interviewed … told Sierra that she lived with both parents and police had come to her house earlier that day because "her mother had a … of which D.B. retreated into the bathroom and a neighbor complained about the noise. When the police arrived, D.H. …
- STATE OF NEW JERSEY VS. IBE ALLAH-JR (21-01-0025, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… findings, the court found the search of the bags "was . . . completely justified." The court further determined it was … UNDER N.J.R.E. 702, AND BY THE PROSECUTOR'S IMPROPER COMMENTS IN SUMMATION OPINING ON THE CREDIBILITY AND … B. The Prosecutor's Improper Summary of Metz's Testimony Compounded The Prejudice Of Its Admission By Relying on …
- STATE OF NEW JERSEY VS. MICHAEL D. IVANCICH (16-04-0245, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… he was not allowed to take Kratom under the 3 "'Kratom' commonly refers to an herbal substance that can produce … third VOP against him. Toney stated that defendant was non-compliant with probation by testing positive for prohibited … that if he was told he couldn't do something, "he becomes very argumentative" and "will overpower, or question, …
- STATE OF NEW JERSEY VS. ERIC S. SMITH, JR. (16-11-0181, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… count of second-degree possession of a firearm during the commission of certain crimes; and one count of second-degree … to remove his hand from the pocket, but defendant did not comply. The court further found the detective, fearful … [THE COURT:] [Let us] give it the afternoon and see if they come back with another note or a verdict one way or the …