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… that it did not warn of the hazard with the intensity commensurate with the outcome. Four, that it did not explain how to act to avoid … the condition, and the nature of the danger, as well as the combination with the foreseeable permitted use of the …
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… and fire-bombing of four Jewish synagogues and a Jewish community center. Specifically, defendant was convicted of … 2016. The court found the information contained in the affidavit established probable cause for the search and … also found the "any and all computers" language in the affidavit and search warrant were sufficient to establish what …
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… time, materials it received in response to a July 4, 2004 communications data warrant. The date of the materials … and obtaining the communications data warrant, supporting affidavit, and produced phone records. He argued trial counsel … an evidentiary hearing for an abuse of discretion. State v. Preciose, 129 N.J. 451, 462 (1992). 19 A-5121-17 At the …
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… again started to attend the youth group activities and her communications with defendant increased. She would see … Defendant said he could help her "be happy" and "become closer to God" if they reenacted his "visions." B.H. … that defendant's actions "definitely made [her] feel uncomfortable." She stated, however, that she viewed defendant …
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… Association (defendant or BHIA). The court- appointed commissioners valued the property and fixed just compensation at more than $2 million. A jury determined defendant was entitled to zero compensation for the taking, finding the property plaintiff …
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… two aggravating factors, specifically that defendant committed the murder while engaged in the commission of, or … 2018, attached to his supplemental PCR petition were affidavits from defendant's mother Thresia Pallipurath … 321 N.J. Super. 154, 170 (App. Div. 1999) (citing State v. Preciose, 129 N.J 451, 462–63 (1992)). Although we review a …
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… alleged sexual abuse. He also argued that the prosecutor committed misconduct in presenting the case to the grand … The court also found that the assistant prosecutor compounded the false impression created by the detective's … to dismiss the indictment. Although the court issued a commendably thorough written opinion, it did not view the …
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… Div. June 30, 2020). In an October 21, 2020 order and accompanying written opinion, the Family Part again concluded … findings are made without concern that the judge may remain committed to her earlier conclusions, and because the judge … Leslie also began a polygraph examination but was unable to complete it because she became too emotional. 7 A-0840-20 …
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… incorrect, that would "curtail" the doctor's ability "to come to a conclusion with a reasonable degree of certainty." … but the analyst needed a buccal swab from Amelia for comparison purposes. Heck then collected a swab from Amelia. … defendant, 9 A-0256-19 the trial court gave the jury "an incomplete jury instruction as to ' [C]redibility- Immigration …
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… OFFICE, COUNTY OF GLOUCESTER AND ITS BOARD OF COUNTY COMMISSIONERS, CHAD M. BRUNER, Gloucester County … case arises from Gloucester County's replacement of its computer server that stores, on a centralized basis, … County 's government.2 Plaintiffs requested that the court compel the retention of the 9- 1-1 recordings beyond the …
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… not exceed the 3 A-4643-19 increase in [plaintiff's] annual compensation." The parties agreed the alimony and support … and obtained similar employment for substantially less income, obtained different employment for substantially less income, or was not reemployed, alimony would "end and child …
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… upheld the Board's findings and dismissed plaintiff's complaint. Before us, plaintiff contests the court's … for the multiple dwelling, or for 30 years following completion of construction, whichever is less. b. In the … or rent leveling ordinance shall be 30 years from the completion of construction. The intent of the legislation is …
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… from the November 21, 2018 final agency decision by the Commissioner of the Department of Transportation (DOT) … the DOT's determination that the driveway no longer complied with DOT safety requirements. After reviewing the … initial decision and exceptions taken by both parties, the Commissioner adopted the ALJ's findings of fact and …
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… of Environmental Protection (DEP) under the Spill Compensation and Control Act (Spill Act or Act) against … groundwater contaminated with perchloroethylene (PCE), a compound used in the dry cleaning industry. PCE evaporates … damage within the state’s land and waters. Thus, Sue’s committed a “discharge” by operating a business where a pipe …
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… employee, defendant Thomas Taylor. After V and A Brothers completed the work, plaintiffs filed a two-count complaint naming both corporate and individual defendants. … granted the individual defendants’ motion to dismiss the complaint against them, holding that the CFA did not create …
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… to -49, and retaliatory discharge claim under the Workers' Compensation Law (WCL), N.J.S.A. 34:15-1 to -128.5, are … a member of Teamsters Local Union 813, was employed as a commercial truck (CDL) driver by defendant Bell Container … continue driving. Hejda refused, orally demanded workers' compensation, and left for home. After follow-up visits on …
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… (NOT RAISED BELOW) POINT II: A CRIMINAL ATTEMPT CAN ONLY BE COMMITTED WITH A PURPOSEFUL STATE OF MIND; YET THE JURY … "not very much different." However, viewed in context, that comment would not have confused the jury, because the judge … entered a structure without permission, with the purpose to commit an offense therein, and that during the course of the …
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… to impose conditions of PSL restricting Internet access. "Community supervision for life was 'designed to protect the … sentence, a special sentence of parole supervision for life commencing upon the offender's release from incarceration. … with supporting attachments, such as certifications or affidavits.'" Ibid. (quoting Jamgochian, 196 N.J. at 247). In …
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… June 18, 2019 APPELLATE DIVISION 2 A-3298-17T3 Newark Communities for Accountable Policing (Gibbons, PC, … City of Newark (the City), which created a civilian complaint review board (the CCRB) in response to an alarming … and second, the Ordinance improperly permits disclosure of complainant and police officer identities. Otherwise, we …
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… Defendant, Stephen A. Zadroga, had driven his car into oncoming traffic, and an accident reconstruction expert … assault offenses. A few days after the ensuing jury trial commenced, and following the testimony of seven witnesses … that she remembered the headlights of another vehicle coming toward them on Paterson Plank Road, that the vehicle …