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… goal was “to impose an appropriate sentence for the crimes committed and not one designed to assure his release prior … factors found by the sentencing court were based on competent credible evidence in the record; and (3) whether … identified the following guidelines: (1) there can be no free crimes in a system for which the punishment shall fit …
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… A new trial is warranted only where the jury could have come to a different result had it been correctly instructed. … bears the slightest relationship to any self-service component of defendants’ business. Moreover, plaintiff’s … manager on duty apologized to plaintiff and provided free meals to her and her children. The assistant manager …
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… opened the passenger-side door and smelled burnt marijuana coming from the vehicle. When Ruocco asked plaintiff if he … the weapons charge was dropped. Plaintiff filed a complaint against Ruocco, Torres, and Cooper (collectively … 2d at 281. Courts reviewing qualified-immunity claims are free to address the two prongs in any order. See al- 17 …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among … private details about peoples’ lives that are ordinarily free from government scrutiny. An officer’s entry into a …
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… for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … In 1979, plaintiff, Morristown Associates, purchased commercial property located in Morristown, New Jersey. The … can drink clean water, take their children to chemical-free playgrounds and build their homes on uncontaminated …
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… 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 … to operate with appropriate safeguards. I. A. VLJ provides free legal services to low-income residents of New Jersey on …
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… defendant was intoxicated. In response, defense counsel commenced his summation, arguing that the State’s evidence … Law Division cautioned against the continued use of this common practice, finding that the better practice is to … arresting officer but it could not be characterized as a free-ranging cross- examination. Without that evidence, the …
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… in defining an employee under the Employment Retirement Income Security Act (ERISA), held that the undisputed facts … The “ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether a … (A) Such individual has been and will continue to be free from control or direction over the performance of such …
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… the lyrics was written, the State concedes that many were composed before the circumstances underlying the instant … was his assailant. During closing arguments, the prosecutor compared the “street code” to a “subculture of violence,” … to anarchy and listen to Alexandria Ross . . . then you’re free to [do] that. And you can take that same hand -- by …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … his request would effect a substantial deprivation of his freedom of choice, self-representation would impose no … The Concessions and Agreements of the Proprietors, Freeholders and Inhabitants of the Province of West …
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… expert concluded that defendants’ inspectors had properly complied with NFPA 25, which did not require them to … application of “pertinent skydiving guidelines,” Dare v. Freefall Adventures, Inc., 349 N.J. Super. 205, 215 (App. … verify that it appears to be in operating condition and is free of physical damage.” NFPA 25, § 3.3.19. Mawhinney …
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… and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … 1. The New Jersey and Federal Constitutions guarantee freedom from unreasonable searches and seizures, viewing the … State bears the burden of proving that proper consent was freely and voluntarily given. In a series of cases dating …
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… to -123.95, when applied to an individual whose offense was completed before its enactment, violates the constitutional … or restraint,” id. at 97, and clearly impinges on Riley’s “freedom to travel,” which “has long been recognized as a … of Riley and onerous restrictions deprive him of freedom of movement and the ability “to live and work as …
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… or defendant) motions for summary judgment in these two companion cases (referred to herein as the “Caprioti action” … against 47 plaintiffs, contending that they filed their Complaint more than 10 years after the purchase of their … 1978), certif. denied, 79 N.J. 489 (1979) (installation of free-standing electrical transfer switch which constituted …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS RICHARD TUSCANO, individually and … Rule 4:9-1 provides that leave to amend pleadings “shall be freely given in the interest of justice.” The New Jersey … made.” Ibid. Finally, the Court explained that “courts are free to refuse leave to amend when the newly asserted claim …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … never needed or used, in spite of the fact that NJMG was freely paying for them. Alan Cook further testified that he … support as required, Contract renewed annually. Please feel free to call me if you need additional questions, …
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… questioning must cease unless the accused initiates further communication or conversation, counsel is made available, or … The issue in this case is whether defendant Abayuba Rivas freely initiated further communications with the police … were inextricably intertwined. *Because Rivas never freely initiated further conversations with the detectives, …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, Plaintiff Vs. FEDERAL INSURANCE COMPANY, Defendant STEPHANIE DOERFLER, Plaintiff Vs. CHUBB … (emphasis added). Id. The language of the Chubb policy is free from ambiguity. Plaintiffs assert that the damage to …
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… motion judge misapplied summary judgment standards and her complaint should be reinstated since "a reasonable jury … as aiders and abettors of unlawful discrimination" and her complaint against them should also be restored. Lastly, … of marketing plan, and if I get some administrative help to free up some of my time, I would be happy to work with that …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY SUSSEX … parental rights of the natural parent? Such adoptions have commonly been 1 Garden State Equal. v. Dow, 434 N.J. Super. … should 16 be married to one another. The Legislature is free to change that articulation of public policy if it …