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- A-53-12 Opinionnjcourts.gov… protruding from the center console. Bryant then heard a commotion and realized defendant was attempting to flee. … Rather, the totality of the circumstances provided the requisite reasonable and articulable suspicion that defendant was … reasonableness on the exercise of discretion by government officials to protect persons against arbitrary invasions.” …
- A-46-12 Opinionnjcourts.gov… a property owner’s claims for contribution under the Spill Compensation and Control Act (Spill Act or Act), N.J.S.A. … parties to recover sums expended to remediate the site before the DEP concludes its involvement in the site. … cooperation by the parties with the federal, state or local officials to prevent any harm to the public health or the …
- A-53-14 Opinionnjcourts.gov… a “tail policy.” In October 2012, Mortgage Grader filed a complaint against W&O, Olivo, and Ward alleging legal … court also determined that W&O failed to maintain the requisite insurance pursuant to Rule 1:21-1C, which provides that … 274 N.J. Super. 337, 344 (App. Div. 1994) (citing Official Comment, Uniform Partnership Act § 29, 6 U.L.A. at …
- A-34-14 Opinionnjcourts.gov… August 1, 2009, at approximately 10:00 p.m., the victim visited defendant, whom she had been dating for about three … dressed and act as though nothing had happened. The victim complied, and the parties and defendant’s sister then … her repeatedly at Jones’ apartment. Several law enforcement officials also took the stand and testified regarding their …
- A-33-14 Opinionnjcourts.gov… a claim for PIP benefits with defendant GEICO Insurance Company (GEICO), and GEICO paid the policy limit for PIP coverage of $250,000. On June 19, 2011, plaintiff commenced suit against defendant Roselle EZ Quick LLC, which … for retroactive application cannot be inferred from the unofficial statements of individual legislators. Additionally, …
- A-27-14 Opinionnjcourts.gov… been summarized.) Sergio Rodriguez v. Raymours Furniture Company, Inc. (A-27-14) (074603) Argued December 1, 2015 -- … – IF YOU ARE HIRED, THE FOLLOWING BECOMES PART OF YOUR OFFICIAL EMPLOYMENT RECORD AND PERSONNEL FILE.” That section … connecting the harm to the individual to the harm that is visited on the State and the public interest by such actions, …
- A-22-14 Opinionnjcourts.gov… found that the Recall Statute struck an appropriate compromise and maintained the balance among the three … age of 70 years” in the Judicial Article “connotes (1) the compulsory abdication of a judicial office; (2) the … no retired judge could be recalled to swear in a public official, which routinely happens. See N.J.S.A. 41:2-1; …
- A-112-13 Opinionnjcourts.gov… encountered only when the jacket was placed on him. That combination of features renders the showup impermissibly … of the reliability of an identification; for purposes of complying with constitutional due process requirements, a … recognize that the suggestiveness of such signals by police officials may depend on whether it is apparent to the …
- A-91-13 Opinionnjcourts.gov… test results when the police merely followed an asserted, commonly held understanding of Schmerber’s requirements in … 2434, 180 L. Ed. 2d at 302. The State submits that the outcome produced by Davis on prior prosecutions is consistent … 912. Without procuring a warrant, police directed hospital officials to draw a sample of the defendant’s blood; that …
- A-2-19 Opinionnjcourts.gov… appeal, the Court reviews the Public Employment Relations Commission’s (PERC) decision that the employees’ health … therefore non-negotiable. PERC’s construction of Chapter 78 comports with the statute’s language and the Legislature’s … of Teachers, 233 N.J. at 583. “Where available, ‘[t]he official legislative history and legislative statements …
- A-90-18 Opinionnjcourts.gov… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … ostracized. Due to the stigma of the device, he has not visited a doctor for medical issues; moreover, he feels that … (holding that a student’s purse may be searched by school officials based on reasonable suspicion); State v. Best, 201 …
- A-50-18 Opinionnjcourts.gov… to waive them. Because A.A.’s inadmissible statements comprised a substantial part of the proofs against him, a … between mother and son -- which took place on opposite sides of the gate of a holding cell -- and the State … to disclose in an action or to a police officer or other official any matter that will incriminate him or expose him …
- A-10-18 Opinionnjcourts.gov… including one for a wiretap of, and another for further communications data from, defendant’s cell phone. According … Positioning System (GPS) location of a phone -- and “cell-site records” -- records of when a cell phone connects to a … cell-phone location information required law- enforcement officials to obtain a court order based on a …
- A-73-17 Opinionnjcourts.gov… further pointed to other investigatory failings or shortcomings, citing as “shocking” the failure to interview … of another swab. Moving on to the State’s application to compel defendant to provide a new buccal swab under Rule … reasonableness on the exercise of discretion by government officials to protect persons against arbitrary invasions.” …
- njcourts.gov… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial Conduct (ACJC) alleged four counts of … lawyers and others with whom the judge deals in an official capacity . . . .” Canon 3, Rule 3.8: “[A] judge …
- A Promise Unfulfilled Documentnjcourts.gov › edit week 2 appellate calendar… In Batson v. Kentucky, the Supreme Court attempted to accommo date the goals of empaneling an impartial jury and … or cannot be located if they are on such lists. Some local officials still exercise discretion in deciding which jurors … jurors for racial reasons alone.32 The Supreme Court revisited the peremptory challenge system in Batson v. Kentucky. …
- A-50-15 Opinionnjcourts.gov… State’s expert’s testimony concerning Child Sexual Abuse Accommodation Syndrome (CSAAS) offered against J.R. conformed … five “areas” of behavior attributed to child victims that comprise CSAAS. N.R., fourteen years old at the time of … Within hours, the parents met with their children, school officials, and law enforcement. The New Jersey Division of …
- A-39-15 Opinionnjcourts.gov… 2013, with the agency’s consent, J.E.V. and D.G.V. filed a complaint for adoption. The court entered an order … by “state-authorized action.” (pp. 11-15) 2. In Lassiter v. Department of Social Services, 452 U.S. 18, 24 … First, the private interest that will be affected by the official action; second, the risk of an erroneous …
- A-0434-17T4 Opinionnjcourts.gov… ability to pay restitution to the Victims of Crime Compensation Office (VCCO) and on the penalty for the Sex … went to the bakery where M.P. worked and asked her to come to his 5 A-0434-17T4 house, but she refused. Meanwhile, … In a similar vein, defendant's threats to call immigration officials regarding both daughters were based on his …
- A-0363-17T2 Opinionnjcourts.gov… of the Utility's budget, and in not finding plaintiffs' complaint was time-barred. Having considered the arguments … we affirm substantially for the reasons set forth in the comprehensive 104- page opinion issued by Judge Lisa … provided by the Utility 26 A-0363-17T2 and senior Ridgewood officials and that reliance was reasonable. We reject that …