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- njcourts.gov… the Court considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a … the New Jersey Department of Corrections submitted to the Commissioner of Corrections a Request for Compassionate Release on behalf of F.E.D. In accordance with …
- Senior Citizens United Community Services, Inc. v. Director, Division of Taxation - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … SENIOR CITIZENS UNITED : COMMUNITY SERVICES, INC., : DOCKET NO: 008789-2019 : … attorney). CIMINO, J.T.C. Plaintiff, Senior Citizens United Community Services, Inc. (SCUCS) is a New Jersey non-profit …
- njcourts.gov… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … of the enhanced third-degree offense of failure to comply with sex offender registration requirements when each … 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 … of tort claim, pursuant to the TCA, and filed the instant complaint against Adolf and the Office of the Public …
- 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 … State proves beyond a reasonable doubt that the juvenile committed an act of sexual contact -- whether or not that …
- 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 … it? [JOHN:] I don’t know. [COURT:] You don’t know? [JOHN:] Yeah. Yes. John’s difficulty comprehending and responding to …
- 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). … arrest and from the police interrogation about whether he committed the crimes against the victim, giving him a strong …
- njcourts.gov… the disorderly persons offense of criminal mischief. The complaint-warrant specified that Montalvo was charged with … self[-]defense, is limited only to cases of spontaneous and compelling danger.” Minutes later, the jury found Montalvo … surrounding circumstances and the machete’s status as an uncommon item sufficiently supported the jury’s verdict. The …
- 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 … over more than a decade, defendant June Gorthy attempted to commence a relationship with C.L., a mental health therapist …
- 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 … to dispel the reasonable suspicion of danger or to complete the arrest and depart the premises. (pp. 16-20) 2. …
- 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 … Pena-Flores, this Court created the Supreme Court Special Committee on Telephonic and Electronic Search Warrants, … because it is not fully consonant with the interests embodied in Article I, Paragraph 7 of the State Constitution. …
- 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 … the fines in the criminal matter. As a result, the criminal complaint database did not reflect that the fines were …
- njcourts.gov… (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 … own defense, the Court finds that the record is entirely compatible with defendant’s claim. Defendant’s statements to …
- njcourts.gov… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking compensatory damages. Plaintiff’s expert, Rosen, opined that … 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… 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. … continued detention was unreasonable. Once a detention becomes unreasonable, a de facto arrest occurs, requiring that …
- 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 …
- A-5173-17T1/A-5866-17T1 Opinionnjcourts.gov… and stuck his tongue in her mouth. Jane 2 The Division's complaint asserted Ben abused or neglected Jane, but the … that after the children were removed, Tara "started to comply" with the Division's requests. On March 17, 2015, the Division filed a verified complaint against Tara, Joe, and Ben for the care and …