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… report indicated that S.T.’s “[m]easures of verbal comprehension . . . suggest[ed] a superior level of … by clear and convincing evidence that S.T. lacked the requisite mental capacity to decide how to proceed with her … which provides that “[a]ll persons are by nature free and independent, and have certain natural and …
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… he also said he downloaded some of the recordings to his computer and erased some of that footage. The recording … was hidden there met that standard. And a person who visited a building once could satisfy the test with proof she … Constitution declares that “[a]ll persons are by nature free and independent, and have certain natural and …
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… concluding that “public defenders are public employees that come within the TCA’s immunities and defenses” and that … . [W]hen state law creates a cause of action, the State is free to define the defenses to that claim, including the … emotional distress .”); id. at cmt. g (mentioning “loss of freedom” as an element of emotional distress damages “if the …
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… goal was “to impose an appropriate sentence for the crimes committed and not one designed to assure his release prior … a passenger in the vehicle that was traveling in the opposite lane. After a jury convicted defendant, the trial court … 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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… for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … Spill Act also permits those who clean up a contaminated site to seek contribution from other liable parties. … can drink clean water, take their children to chemical-free playgrounds and build their homes on uncontaminated …
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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 … most likely employer and that an “employment test is inapposite when the economic relationship is an arms-length … (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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… 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 … day.2 The parole officer monitoring Riley can log into a website, pinpoint his location on a map, and determine whether …
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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 … on a plaintiff’s failure to comply with a precondition requisite to the Court’s going forward to determine the merits of …
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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 … was taken to a local hospital. That evening, detectives visited Rivas in the hospital. After reading Rivas his Miranda …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, … general rule is not authority in New Jersey are inapposite and not within the purview of the rule. In both Newman … (emphasis added). Id. The language of the Chubb policy is free from ambiguity. Plaintiffs assert that the damage to …
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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 …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS JACQUELINE CRANE Plaintiff, v. MICHAEL … 4 of 31 According to Jacqueline, she and her children visited with Joyce on a daily basis prior to Michael's … me and appears to be of sound mind and acting of his or her free will. He or she signed (or asked another to sign for …
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… THE DIRECTOR OF THE NEW JERSEY DIVISION ON CIVIL RIGHTS, Complainants-Respondents, v. DANE CONSTRUCTION CO., and PAT … In a May 6, 2013 decision, the Director came to the opposite conclusion. Treating Lin as the functional equivalent … to protect the public's strong interest in a discrimination-free workplace." Lehmann, supra, 132 N.J. at 600. That …
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… The apartment had previously been leased to Thomas, who recommended Collazo to the landlord as a tenant. She lived in … and second-degree possession 6 A-1542-19 of a gun while committing possession with intent to distribute a controlled … the case based solely on the evidence presented at trial, free from the taint of outside influences and extraneous …