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A-2328-24 Briefs
Briefs
njcourts.gov
… State Parole v. : Board Declining to Recalculate Parole Commencement Date. NEW JERSEY STATE : PAROLE BOARD, : … PURSUANT TO THE NO EARLY RELEASE ACT WAS REQUIRED TO COMMENCE UPON HIS RELEASE FROM STATE PRISON AND COULD NOT BE … 7 POINT II THE PAROLE BOARD CALCULATED WRIGHT’S PAROLE COMMENCEMENT DATE BASED ON AN ERRONEOUS STATUTORY …
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njcourts.gov
… prior conviction subject to the No Early Release Act (NERA) commits an unlawful possession of a weapon offense under … 2C:39-5(j) reveals that it sets forth a substantive offense comprised of two distinct elements. First, the State must … guise of avoiding an allegedly undesirable or unexpected outcome. The Court therefore holds that subsection (j) …
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A-0883-24 Briefs
Briefs
njcourts.gov
… FROM ORDER DISMISSING Respondent : PLAINTIFF’S EVICTION COMPLAINT : IN THE SUPERIOR COURT OF NEW : JERSEY, SPECIAL … on October 11, 2024, dismissing Plaintiff’s eviction complaint in the Superior Court of New Jersey, Special Civil … “demand-side” Section 8 “tenant-based” portable rental subsidies that allow low-income tenants to enter the existing …
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A-0747-23 Briefs
Briefs
njcourts.gov
… Final : Administrative Determination of the : Civil Service Commission : : State of New Jersey : Civil Service Commission, sat below : … Cases Page Aqua Beach Condominium Association v. Dept. of Community Affairs 186 N.J. 5, 15-16 (2006) . . . . . . . . . …
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A-3380-23 Briefs
Briefs
njcourts.gov
… affidavit[s] in a hypertechnical, rather than a commonsense, manner.” Ibid. (alterations in original) … one. The officer’s statements must be looked at in a common sense way without a grudging or negative attitude. … task of the issuing judge “is simply to make a practical, common- sense decision whether, given all the circumstances …
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A-17-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… by the Panel in the instant case. The Model Jury Charge Committee disagreed as well: it issued a model charge that … appeared before Judge Paone for sentencing, the State recommended a 10-year prison term with a 5-year parole … on an offender []who uses or possesses a firearm while committing … certain designated crimes.” State v. Nance, 228 …
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njcourts.gov
… the victim's lover left their room in search of her companion. In the hallway, she observed blood on the wall, … found at the scene, the unidentified bullet could have come from a .38-caliber gun. Defendant certified that … 2017, granting defendant an evidentiary hearing. In his accompanying written opinion, the judge limited the …
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njcourts.gov
… RIGHTS TO DUE PROCESS AND A FAIR TRIAL. POINT IV THE COURT COMMITTED REVERSIBLE ERROR WHEN PERMITTING THE LEAD … and heard motions to: reveal a confidential informant; compel production of internal affairs records; dismiss the … that "unanimity is not required when a statute embodies a single offense that may be committed in a number of …
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njcourts.gov
… Violence Act (PDVA)2 against him. Before trial could commence, P.H. unsuccessfully sought a TRO against J.H., … denied P.H. the opportunity to amend or refile his TRO complaint, determining that P.H. had waived his right to do … Rule 1:38-3(d)(10). 2 N.J.S.A. 2C:25-17 to -35. 3 A-2273-22 Compensatory damages pursuant to the PDVA were ordered in a …
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njcourts.gov
… A.J.S.C. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY COUNTY OF … grading standards, particularly in a case involving complex fiduciary relationships and aggregated amounts. The … the failure to provide contemporaneous instructions, when combined with the high-profile nature of the case, …
njcourts.gov
… defendant as the driver. Defendant told the officer he was coming from a local bar and heading home. Because … during instructions; stopping walking before the test is complete; failing to walk heel-to-toe on every step; … in entering information about defendant's arrest into a computer. Focarelli did not observe defendant burp, …
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 … as the family court’s adjudication of Alex as delinquent of committing sexual assault. Fourteen-year-old Alex was …
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 …
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 … over more than a decade, defendant June Gorthy attempted to commence a relationship with C.L., a mental health therapist …
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, …
njcourts.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 …
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] …
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
… 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 …