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- A-1615-18T1 Opinionnjcourts.gov… binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case … order entered following a bench trial finding he committed the following acts that would be crimes if … testified a Cellebrite machine can "[s]ometimes . . . penetrate and breach the passcode; sometimes they can't." 7 …
- A-2058-15T3 Opinionnjcourts.gov… 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 … the vehicle. Riedel suspected the two men were planning to commit a burglary, or already had committed one. Once Riedel asked defendant to step out of …
- A-5468-16T1 Opinionnjcourts.gov… binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case … to I-495 and the Lincoln Tunnel to New York City. To accommodate exiting traffic, the three south-bound lanes … argument was rejected in Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 511 (1981). Furthermore, citing …
- A-2819-19/A-2820-19 Opinionnjcourts.gov… binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case … 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 …
- A-39-19 Opinionnjcourts.gov… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … registration requirements constitute non-punitive civil remedies rather than criminal 15 Distilled to its essence then, … and restrictions on access to and use of the internet, N.J.A.C. 10A:71-6.11(b)(22). [Perez, 220 N.J. at 437.] …
- A-30-17 Opinionnjcourts.gov… age and the Family Part judge makes no findings of sexual penetration, force, or coercion. The Court also considers the … charged D.M. with delinquency based on conduct which, if committed by an adult, would constitute first-degree … that statute. One of those elements is an act of “sexual penetration.” D.M. requested that the judge consider …
- A-67-16 Opinionnjcourts.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 … as the family court’s adjudication of Alex as delinquent of committing sexual assault. Fourteen-year-old Alex was …
- A-10-13 Opinionnjcourts.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] …
- A-51-14 Opinionnjcourts.gov… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her … that defendant suffered from a delusional disorder. Nonetheless, both experts opined that defendant was competent … to the trial court the report of a defense psychiatrist, Kenneth J. Weiss, M.D. Dr. Weiss opined that, at the time of …
- 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 the ordinance, as well as the need for further studies on the impact of digital billboards, provide a rational …
- A-13-14 Opinionnjcourts.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. …
- 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. … Maryland Court of Appeals, Justices Breyer and Stevens nonetheless “agree[d] that the Court’s per curiam opinion …
- A-111-13 Opinionnjcourts.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 … 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984), but have nonetheless permitted introduction of evidence seized …
- A-90-18 Opinionnjcourts.gov… 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 … 2C:7-13 (publication on the New Jersey Sex Offender Internet Registry); N.J.S.A. 25 2C:7-8(c)(2) (notification to …
- A-69-18 Opinionnjcourts.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 …
- A-19-12 Opinionnjcourts.gov… that, on two occasions in 2003, defendant raped nineteen- year-old K.A., a Florida resident, while she was … (pp. 14-16) 3. Here, defendant’s petition was not accompanied by an affidavit or certification setting forth the facts that he wished to present. Nonetheless, the Court can determine on this record how …
- A-15-12 Opinionnjcourts.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-76-15 Opinionnjcourts.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 …
- A-1591-17T1 Opinionnjcourts.gov… binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case … 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-5333-15T4 Opinionnjcourts.gov… binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case … Nina, based on, among other things, Nina's therapist's recommendation. Finally, three years later, after a … visits in late September and early October, Nina seemed uneasy at first, then willing to interact with Lara, but …