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- A-66-19 Opinionnjcourts.gov… plates, which do not contain the phrase “Garden State.” A companion statute to section 33 addresses groups that supply … Reading the statute in that way avoids absurd results and comports with the view that the Legislature “writes motor- … under section 33c from 2012 through 2019. Law enforcement commonly attacks problems at their source, yet here, rather …
- M-1093-19 Opinionnjcourts.gov… to expedite its consideration of inmates for parole and the Commissioner of the Department of Corrections (DOC) to … furlough received a two-sentence form letter from the Commissioner that notified them of the outcome but did not set forth any reasons. Inmates denied …
- A-46-19 Opinionnjcourts.gov… this appeal, the Court considers whether the prosecutor’s comments and use of a particular PowerPoint slide in her … nor did he verbally threaten violence if Cervantes did not comply with his request. Defendant then walked out of the … the alarm. The central trial issue was whether defendant committed second-degree robbery -- theft using force or the …
- A-44-19 Opinionnjcourts.gov… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … Paden-Battle on the charges of kidnapping, conspiracy to commit kidnapping, and felony murder, and acquitted Paden- Battle of first-degree murder, conspiracy to commit murder, and both weapons offenses. In sentencing …
- A-34/35-19 Opinionnjcourts.gov… the heightened duty-of-care standard governing private common carriers applies to public common carriers such as defendant New Jersey Transit … of the three TCA immunities they invoke, as well as whether comparative fault could be allocated to the unidentified …
- A-28/29-17 Opinionnjcourts.gov… during the questioning, (2) defendant initiated the communication, or (3) a break in custody occurred. See … questioning must cease unless the accused initiates further communication or conversation. 451 U.S. at 484-85. The … Wint waived his rights and allegedly said: “In June 2011 I committed a murder in Camden.” He was charged in a Camden …
- A-60-16 Opinionnjcourts.gov… warrant for defendant S.N. for acts alleged to have been committed against his stepdaughter in 2012. In a complaint-warrant, the State charged defendant with … The affidavit of probable cause in support of the complaint-warrant stated that the victim told a staff member …
- A-35-16 Opinionnjcourts.gov… Alliance Healthcare (Alliance) hired Ardan as a healthcare communicator. Seven weeks later, Alliance terminated her employment. Ardan applied for unemployment compensation. The Deputy Director of the Division of … “it was not an option; it was not available to request accommodations or to ask for another position.” She stated …
- A-28-16 Opinionnjcourts.gov… house in the afternoon and told her that he had just come from town, where he had argued again with his brother … that the State’s improper use of the evidence in summation compounded the trial court’s failure to promptly instruct … should have been excluded because John would not have been competent to testify to an opinion not rationally based on …
- A-68-13 Opinionnjcourts.gov… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not … believe that a crime occurred and that the defendant committed it. A court should not disturb an indictment if …
- A-47/48-13 Opinionnjcourts.gov… N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3), and nine, … 198 N.J. 619, 630 (2009) (quoting N.J. State Chamber of Commerce v. N.J. Election Law Enforcement Comm’n, 82 N.J. 57, 75 (1980)) (internal quotation marks …
- A-42-13 Opinionnjcourts.gov… against a negligent, uninsured physician; (2) failure to comply with the statutory liability insurance mandate gives … patients has a continuing duty to ascertain a physician’s compliance with the insurance requirement. In September … Jarrell and his wife (collectively, plaintiffs) filed a complaint against Dr. Kaul and MSSC. On summary judgment, …
- A-22-13 Opinionnjcourts.gov… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … whether a volunteer pro bono attorney may represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even … Justice (VLJ) created a bankruptcy clinic to assist low-income debtors who have no assets to distribute. VLJ enlisted …
- A-55/56-12 Opinionnjcourts.gov… about the cologne and did not inquire as to how S.A. had come to consume it. Neither Dr. Yu nor any of the JSMC staff … her in April 2006. In April 2007, L.A. filed the instant complaint individually and on behalf of S.A. against several parties, including Dr. Yu and JSMC. The complaint alleged that Dr. Yu had committed medical …
- A-42-12 Opinionnjcourts.gov… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … Court. In this appeal, the Court considers whether a competent individual who is subject to involuntary civil commitment pursuant to the Sexually Violent Predator Act …
- A-34-14 Opinionnjcourts.gov… dressed and act as though nothing had happened. The victim complied, and the parties and defendant’s sister then … the DNA evidence, which prevented him from presenting a complete defense. A divided Appellate Division panel … guilt, and thereby deprived him of the ability to present a complete defense. A complete defense includes the right to …
- A-27-14 Opinionnjcourts.gov… been summarized.) Sergio Rodriguez v. Raymours Furniture Company, Inc. (A-27-14) (074603) Argued December 1, 2015 -- … applied for a job with defendant Raymours Furniture Company, Inc., t/a Raymour & Flanigan. The last page of the … Although informed that his termination was due to a company-wide reduction in force, plaintiff asserted that …
- A-16-14 Opinionnjcourts.gov… back to the United States, but Carrascosa failed to comply with the order. In October 2007, Innes filed a complaint in the Law Division against defendants, Van Aulen, … summary judgment and sua sponte severed the third- party complaint against Carrascosa. However, the trial court …
- A-13-14 Opinionnjcourts.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 … to dispel the reasonable suspicion of danger or to complete the arrest and depart the premises. (pp. 16-20) 2. …
- A-118-13 Opinionnjcourts.gov… the provisions of Sinclair’s plea agreement for an offense committed after the shooting in this case. Sinclair had pled … A claim that there is an inference of bias is particularly compelling when the witness is under investigation, or … the shooting at issue in this case, Sinclair allegedly committed an offense that exposed him to a lengthy term of …