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… 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 … 28, 2017 – Decided June 8, 2017 On certification to the Superior Court, Appellate Division. Lauren S. Michaels, …
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… 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 … period. On November 15, 2006, defendant was charged under a superseding indictment with stalking and weapons offenses. …
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… writing for the Court. These consolidated appeals present a common legal issue: whether state or federal constitutional … his conviction. Relying on State v. Timmendequas, 460 N.J. Super. 346 (App. Div. 2019), the appellate court reversed … registration requirements constitute non-punitive civil remedies rather than criminal 15 Distilled to its essence then, …
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… offender. His sentence also included placement on parole supervision for life (PSL). When he was released from … 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 …
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… 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 … Esq., Defendants-Respondents. On certification to the Superior Court, Appellate Division. Argued January 6, 2020 …
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… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … defendants’ control or that their testimony would have been superior to that which was already utilized. Finding that … He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] …
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… (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 … 2013 – Decided September 23, 2014 On certification to the Superior Court, Appellate Division. Lois A. De Julio, …
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… 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. … 22, 2013 – Decided May 19, 2014 On certification to the Superior Court, Appellate Division. Frank Muroski, Deputy …
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… 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 … must be upheld unless arbitrary or capricious. 469 N.J. Super. 45, 57-58 (App. Div. 2021). It ruled, however, that …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … SENIOR CITIZENS UNITED : COMMUNITY SERVICES, INC., : DOCKET NO: 008789-2019 : … that purpose and plan.” Bernhardt v. Alden Café, 374 N.J. Super. 271, 279 (App. Div. 2005). “Statutes cannot be read …
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… 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, … in a published decision, and upheld the ordinance. 437 N.J. Super. 490 (App. Div. 2014). The panel stated that the …
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… 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 … 9, 2015 – Decided April 25, 2016 On certification to the Superior Court, Appellate Division. Jane C. Schuster, Deputy …
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… was no justification for this motor vehicle stop.” 435 N.J. Super. 608, 610-11 (App. Div. 2014). The panel declined to … 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. …
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… 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 … April 27, 2015 – Decided August 19, 2015 On appeal from the Superior Court, Appellate Division. Ian D. Brater, Special …
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… charged D.M. with delinquency based on conduct which, if committed by an adult, would constitute first-degree … of sexual assault” under N.J.S.A. 2C:14-2(b). 451 N.J. Super. 415, 423 (App. Div. 2017). The State then requested … under which the State must prove that the juvenile committed an act of sexual penetration on a victim less than …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … C. Miller's supposedly furtive movements, and failure to comply with the commands of an officer — who suddenly appeared from behind …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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. …
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… Defendant Brandon Washington was forcibly removed from a “Ladies Night” event after an argument with a security guard. … States v. Wade, 388 U.S. 218 (1967), and develop a more complete factual record. 1. Suggestive identification … M. Washington, Defendant-Appellant. On certification to the Superior Court, Appellate Division. Argued September 26, …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …