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- njcourts.gov… trooper escorted Luzzo into the police station. Troopers commenced a warrantless search of the car at 9:02 p.m. and … denying his motion to suppress. He argued, among other points, that 7 “[t]he automobile exception does not allow … “diminishes the [state] constitutional right to be free from unreasonable searches.” The ACLU asks this Court …
- njcourts.gov… Argued December 2, 2024 – Decided December 24, 2024 Before Judges Sabatino and Jacobs. On appeal from the Superior … endangering the welfare of a child and sexual contact, acts committed against his granddaughter. Among the proofs … the "special status of one's home and the right to be free from warrantless searches and seizures"). Warrantless …
- njcourts.gov… to that sentence. Before us, defendant raises the following points: POINT I THE MOTION JUDGE APPLIED THE WRONG STANDARD … was not under arrest or a suspect and 5 A-5139-16T4 was free to leave at any time. He did not administer Miranda … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant …
- njcourts.gov… 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … 372 N.J. Super. 489, 494 (App. Div. 2004). "A jury is free to reject any evidence, including that which is … 2C:1-14(i), and "'"erroneous instructions on material points are presumed to" possess the capacity to unfairly …
- njcourts.gov… Submitted January 13, 2020 – Decided Before Judges Moynihan and Mitterhoff. NOT FOR PUBLICATION … detox." He chose the latter. When confronted with L.G.'s comments regarding R.G.'s use of a "smoker," R.G. denied … Enforcement Administration and the Partnership For a Drug-Free New Jersey, the smoker is a common means of abusing …
- STATE OF NEW JERSEY VS. DAVID ORTMANN (L-1208-18, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Ortmann appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … Ortmann raises the following related constitutional points on appeal: POINT I THE COURT ERRED IN DECIDING THIS … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders, 30 N.J. 381, 388 (1959). The "heavy burden" of …
- F.A. VS. G.D.P. (FV-02-0473-20, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… Submitted April 12, 2021 – Decided August 11, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and …
- njcourts.gov… Argued March 28, 2022 – Decided May 23, 2022 Before Judges Firko and Petrillo. On appeal from the Superior … Division order granting defendant's motion to dismiss his complaint with prejudice pursuant to Rule 4:6-2(e). The … of an integrated agreement, even where the contract is free from 11 A-2951-20 ambiguity, not for the purpose of …
- STATE OF NEW JERSEY VS. PAWEL S. PIECHACZEK (18-06-0568, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… which were seized. Defendant was initially charged on a complaint-warrant. On May 3, 2018, he appeared at a … for an unlawful purpose." Defendant raises the following points for our consideration: I. DEFENDANT PRESENTED A PRIMA … 277 N.J. Super. 40, 47 (App. Div. 1994) ("[T]he State is free to withdraw from a plea agreement before the agreement …
- STATE OF NEW JERSEY VS. EDWARD BEJARANO (19-10-0623, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… (App. Div. 2012). On appeal, defendant raises the following points for our consideration: POINT I BECAUSE THERE WAS NO … with the "Felony Lane Gang," "an organization that commits motor vehicle burglaries" by breaking into parked … 7 of the New Jersey Constitution guarantee the right to be free from unreasonable searches and seizures." Nelson, 237 …
- BARBARA HENNEBERRY VS. RICHARD HENNEBERRY (FM-20-1195-06, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a cross-motion. She sought to sanction defendant until he complied with the court's prior order by providing proof … the marital home valued at approximately $700,000, and debt free. The home eventually sold for $740,000. After the … disputes without hearing testimony. For example, defendant points to several instances in the court's statement of …
- STATE OF NEW JERSEY VS. DAVID W. CAMPBELL (11-06-0185, WARREN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… year custodial term. Defendant has appealed. He argues two points: POINT ONE THE TRIAL COURT ERRED WHEN IT DENIED … Defendant received 207 days of jail credit, and the judge recommended defendant be considered for entry into the … five years, and implied that if defendant remained offense free before sentencing, he would likely be sentenced closer …
- STATE OF NEW JERSEY VS. ADRIAN ZIMMERMAN (13-03-0605, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted April 27, 2017 – Decided Before Judges Hoffman, O'Connor and Mawla. On appeal from … R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … at 557. Criminal defendants are "entitled to a jury that is free of outside influences and [that] will decide the case …
- A-2951-20 Opinionnjcourts.gov… Argued March 28, 2022 – Decided May 23, 2022 Before Judges Firko and Petrillo. On appeal from the Superior … Division order granting defendant's motion to dismiss his complaint with prejudice pursuant to Rule 4:6-2(e). The … of an integrated agreement, even where the contract is free from 11 A-2951-20 ambiguity, not for the purpose of …
- A-2163-20 Opinionnjcourts.gov… (App. Div. 2012). On appeal, defendant raises the following points for our consideration: POINT I BECAUSE THERE WAS NO … with the "Felony Lane Gang," "an organization that commits motor vehicle burglaries" by breaking into parked … 7 of the New Jersey Constitution guarantee the right to be free from unreasonable searches and seizures." Nelson, 237 …
- A-1311-19 Opinionnjcourts.gov… Submitted April 12, 2021 – Decided August 11, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and …
- A-0402-17T4 Opinionnjcourts.gov… 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … 372 N.J. Super. 489, 494 (App. Div. 2004). "A jury is free to reject any evidence, including that which is … 2C:1-14(i), and "'"erroneous instructions on material points are presumed to" possess the capacity to unfairly …
- A-1530-18T2 Opinionnjcourts.gov… Ortmann appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … Ortmann raises the following related constitutional points on appeal: POINT I THE COURT ERRED IN DECIDING THIS … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders, 30 N.J. 381, 388 (1959). The "heavy burden" of …
- A-5139-16T4 Opinionnjcourts.gov… to that sentence. Before us, defendant raises the following points: POINT I THE MOTION JUDGE APPLIED THE WRONG STANDARD … was not under arrest or a suspect and 5 A-5139-16T4 was free to leave at any time. He did not administer Miranda … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant …
- A-2197-18T4 Opinionnjcourts.gov… Submitted January 13, 2020 – Decided Before Judges Moynihan and Mitterhoff. NOT FOR PUBLICATION … detox." He chose the latter. When confronted with L.G.'s comments regarding R.G.'s use of a "smoker," R.G. denied … Enforcement Administration and the Partnership For a Drug-Free New Jersey, the smoker is a common means of abusing …