-
njcourts.gov
… DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … N.J.S.A. 40:55D-76, JDA elected to bifurcate its approval process so that the subdivision issue, as well as other … the bifurcation procedure. He replied: "If the subdivision ultimately is not 11 A-2509-21 acceptable to the Board, then …
-
njcourts.gov
… meet once with plaintiff and defendant, and render a recommendation on parenting time. As the judge later noted, … in its present form represented a misuse of the "DV process." "The party asking to modify or dissolve the FRO … "The application of [the Rule 5:3-5(c)] factors and the ultimate decision to award counsel fees rests within the …
-
njcourts.gov
… is insufficient evidence supporting the judge's finding he committed the predicate act of harassment and therefore, the … not harassment. The judge acknowledged that defendant's due process rights 2 N.J.S.A. 2C:12-1(a) defines the predicate … incidents. Ibid. The trial court denied the request. Ibid. Ultimately, the trial court determined it would not consider …
-
njcourts.gov
… weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … explained she returned to headquarters after having "processed what just happened." According to defendant, Smutz … the middle of th[e] struggle with a gun being pointed and ultimately being [fired]." Further, her "eyeglasses were …
-
njcourts.gov
… he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … (count one); second-degree possession of a handgun while committing certain CDS offenses, N.J.S.A. 2C:39-4.1 (count … swiped the Detective’s hand away and began to struggle, ultimately resulting in his arrest. Under all of these …
-
njcourts.gov
… a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear … Guidelines provide that tier determinations are an "ongoing process" and "evidence of change of circumstances or in the …
-
A-3/4/5-24 Supplemental Appellant Brief Byrd
Briefs
njcourts.gov
… #302 Mount Laurel, NJ 08054 e-mail: SteveKirschLaw@gmail.com phone: 609-354-8402 Attorney I.D. 034601986 Designated … 2 POINT I DEFENDANT BYRD’S RIGHTS TO DUE PROCESS AND AN IMPARTIAL JURY WERE VIOLATED WHEN THE TRIAL … to hear the case with other jurors even though she did not ultimately deliberate on it; because her presence may have …
-
njcourts.gov
… reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … unreliable testimony in violation of defendant's due process rights; and (4) the court's extended term sentence … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
-
njcourts.gov
… and denying plaintiff's motion for leave to file an amended complaint in this dispute over mold plaintiff discovered in … the recommendation she would have canceled the contract and ultimately never incurred the costs of remediating mold in … 2003). "That exercise of discretion requires a two-step process: whether the non-moving party will be prejudiced, …
-
njcourts.gov
… their motion to set aside and vacate the Sheriff's sale of commercial property to plaintiff SB PB Victory, L.P., the … attorney's fees and costs. Plaintiff filed a foreclosure complaint on December 9, 2022, and both arbitration and the … interest and Sheriff's fees.3 Plaintiff was the bidder, and ultimately paid $100 for the property. On December 26, 2023, …
-
njcourts.gov
… order; (3) June 30, 2021, granting plaintiff's motion to compel legal fees; and (4) October 29, 2021, granting … cross-motion. Even in the most rudimentary concept of due process, [d]efendant is correct that the [c]ourt did not … in the process of applying to schools and K[aren]'s ultimate decision to matriculate at the University of …
-
njcourts.gov
… timeline of events. Chavis lived in the same apartment complex as Nock. Earlier in 2015, Chavis learned that … Gross decision. Defense counsel stated that if the court ultimately decided to admit the statement, he should be … by defendant, any suppression by the State "violates due process, regardless of the prosecution's good faith." State …
-
njcourts.gov
… in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … of the defendant indicate that the defendant is unlikely to commit another offense," N.J.S.A. 2C:44- 1(b)(9) – applied … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
-
njcourts.gov
… ALEJANDRO HOME IMPROVEMENTS, LLC, and AROMANDO CONSTRUCTION COMPANY, Defendants. Submitted December 17, 2024 – Decided … a home inspection and prepare a property report. William accompanied Youmans during the inspection. Following the … is highly [recommended]. Page 16, Item 6. Nolan's report ultimately concluded: . . . Defendants hired a professional …
-
njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MERCER … the hearsay rule “ensure[s] the accuracy of the factfinding process by excluding untrustworthy statements, such as those … passenger to drive it home. But the detective’s questions ultimately exceeded the scope justified by the traffic stop. …
-
njcourts.gov
… the Division reinstituted the safety plan and filed a complaint. The Family Part granted the Division care and … 1. In DYFS v. I.S., the Court outlined the multi-step process set forth in N.J.S.A. 30:4C-12 which the Division … therapist, the Division reinstituted the safety plan. Jan ultimately consented to psychiatric and psychological …
-
njcourts.gov
… of Route 24 and Interstate 78 in order to view traffic coming from the direction of the Shell station. Officer … his overhead light bar and spotlight, illuminating oncoming traffic. Shortly thereafter, Officer Royce observed … officers improperly obtained evidence and information that ultimately led to the seizure of evidence used to convict …
-
njcourts.gov
… cross-motion to dismiss her October 14, 2022 verified complaint (the contempt complaint); and (2) the February 13, … pursuant to Rule 4:6- 2(e) based on insufficiency of process because Yael never personally served the GAL, … Trustee were concerned about complying with the orders and ultimately an appropriate motion—on notice to Yael—was filed …
-
njcourts.gov
… DIVISION DOCKET NO. A-2761-22 IN THE MATTER OF THE CIVIL COMMITMENT OF B.S., SVP-053-00. _______________________ … it. He later denied viewing the movie. B.S.'s furlough process was reinstated in May 2019, but two months later, it … of appropriate treatment where feasible, designed to permit ultimate release to the community." In re Commitment of …
-
njcourts.gov
… plaintiff and restrained defendant from the restaurant or communicating with its employees. Sometime after the consent … the divorce proceeding being dismissed. Because the court ultimately granted plaintiff an FRO based on defendant's … (quoting Ford v. Reichert, 23 N.J. 429, 435 (1957)). "Due process is 'a flexible [concept] that depends on the …