-
njcourts.gov
… 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, …
-
njcourts.gov
… 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 …
-
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 … Esq., Defendants-Respondents. On certification to the Superior Court, Appellate Division. Argued January 6, 2020 …
-
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 … violated Alex’s federal confrontation rights. 447 N.J. Super. 485, 490 (App. Div. 2016). The panel did not address …
-
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 … 28, 2017 – Decided June 8, 2017 On certification to the Superior Court, Appellate Division. Lauren S. Michaels, …
-
njcourts.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 … period. On November 15, 2006, defendant was charged under a superseding indictment with stalking and weapons offenses. …
-
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, … in a published decision, and upheld the ordinance. 437 N.J. Super. 490 (App. Div. 2014). The panel stated that the …
-
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 … 9, 2015 – Decided April 25, 2016 On certification to the Superior Court, Appellate Division. Jane C. Schuster, Deputy …
-
njcourts.gov
… 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. …
-
njcourts.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 … April 27, 2015 – Decided August 19, 2015 On appeal from the Superior Court, Appellate Division. Ian D. Brater, Special …
-
njcourts.gov
… 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 …
-
njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … order entered following a bench trial finding he committed the following acts that would be crimes if committed by an adult: second-degree sexual assault by force …
-
njcourts.gov
… PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …
-
njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … Family Part entered after a twelve-day trial. The JOD was accompanied by a forty-seven page decision in which the trial … he could turn his landscaping business' leaf waste into compost and brush into mulch. Defendant, who had a graphic …
-
njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …
-
njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … A-1613-18T2 his younger brother. The trial judge ordered a competency evaluation of J.C. pursuant to N.J.S.A. 2C:4-5. … by a licensed psychologist, and J.C. moved to dismiss the complaint based upon lack of mental capacity to proceed. …
-
njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … or the sentence. With one minor exception, no errors were committed at trial, much less the cumulative errors … the robber told Perdomo to "give him the money." Perdomo complied with the demand and gave the assailant between $200 …
-
njcourts.gov
… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … 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 …
-
njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. … In 2010, defendant was charged with child endangerment and completed a pre-trial intervention program. The charge … equitable award in favor of defendant. Equitable remedies are distinguished for their flexibility, unlimited …
-
njcourts.gov
… 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] …