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… 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, … consequences as eliminating an offender’s opportunity for future parole and placing offenders “in the legal custody of …
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… the Board to track H.R.’s movements twenty-four hours per day, seven days per week, through an ankle bracelet device. … 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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… public entities and employees, applies to a criminal defendant’s legal malpractice claim filed against his public … 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 …
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… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … that defendants could call Dr. Hayken as a witness to refute Dr. Rosen’s comments. At the pretrial hearing, … He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] …
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… relief (PCR), the Court addresses whether defendant has alleged facts that, when viewed in the light most … (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 …
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… to by the homeowner and which occurred while the defendant was unlawfully detained. Late on May 18, 2009, Camden … 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. …
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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 … for Compassionate Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included … identity of a litigant seeking relief in the setting of a future compassionate relief proceeding. (pp. 40-43) AFFIRMED …
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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 : … : : v. : : DIRECTOR, DIVISION OF TAXATION, : : Defendant. : : … Decided: July 1, 2021 Dale W. Keith for plaintiff (Keith & Keith, LLC, attorneys). …
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… whether a juvenile can be adjudicated delinquent for endangering the welfare of a child in violation of N.J.S.A. … charged D.M. with delinquency based on conduct which, if committed by an adult, would constitute first-degree … Albin observes, the endangering statute is vulnerable to a future as-applied constitutional challenge. CHIEF JUSTICE …
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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, … of commercial speech, known as the Central Hudson standard. The Court has recognized that laws that regulate only …
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… of third-party-guilt testimony. In October 2006, defendant was charged with second-degree possession of a weapon … on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … apartment was July 5, 2006. The record does not contain irrefutable evidence to support that assumption. However …
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… 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. … abuses associated with such searches and the potential for future abuses. Adherence to stare decisis serves a number of …
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… the Court considers whether evidence seized after defendant’s arrest, made in the absence of a valid warrant or … been judicially vacated but had not been removed from the computer database showing active warrants. On March 26, … divorces the rule from its primary purpose -- to deter future police misconduct -- and ignores the significant …
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… JR., a/k/a ERIC STUART SMITH, JR., and ERIC S. SMITH, Defendant-Appellant. ________________________ Submitted March 8, … 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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… MILLER, TERRENCE WASHINGTON, and TERRANCE WASHINGTON, Defendant-Appellant. ______________________________ Submitted … 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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… NEW JERSEY, Plaintiff-Respondent, v. GREGORY D. PRIOR, Defendant-Appellant. _______________________ Argued January 30, … 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 … Ibid. Today’s ruling and guidance apply to this and future cases only. (pp. 30-33) 5. The Attorney General …
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… PERMANENCY, Plaintiff-Respondent, v. D.B. and D.H., Defendants-Appellants. ____________________________ IN THE MATTER … she was standing. Jenny Sierra, a Division caseworker, accompanied Beltran to the police station and interviewed … then "hide in the bathroom." Both defendants testified, refuting the Division's proofs. D.H. denied that "there were …
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… NEW JERSEY, Plaintiff- Respondent, v. LUKE V. BAKULA, Defendant-Appellant. _______________________ Argued October 2, … COURT ABUSED ITS DISCRETION WHEN IT ADMITTED, AS "FRESH COMPLAINT," EVIDENCE OF A.S.'S VAGUE ALLEGATIONS TO HER … not want her to go the police because she would "ruin her future" and "nobody believes you when you go to the police." …
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… JERSEY, Plaintiff- Respondent, v. MICHAEL D. IVANCICH, Defendant-Appellant. _______________________ Argued December 10, … he was not allowed to take Kratom under the 3 "'Kratom' commonly refers to an herbal substance that can produce … her] and with no indication that he [or she] intends in the future to pursue the course which led to his [or her] …