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… from the police, he went to their younger brother’s room accompanied by an officer, found a phone, and gave it to the … unconstitutional police action and the secured evidence becomes so attenuated as to dissipate the taint from the … officers’ search procedure may have been imprudent, it was ultimately defendant’s brother -- without any coercion or …
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… offense, not to decide that defendant has a propensity to commit crime. The jury convicted defendant of the certain … it here because the error cut mortally into defendant’s due process right to have the jury decide each element beyond a … the factfinder’s responsibility at trial to find the ultimate facts beyond a reasonable doubt. (citing Cty. Court …
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… to -13, of the constitution and bylaws of a volunteer fire company that is a member of a fire district established … authorizes a municipality to create and elaborates on the process of creating a fire district: “The district or each … to which government -- in the form of the District -- ultimately controls 15 the MVFD. Amicus also emphasizes that …
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… opinion may not have been summarized.) Allstate Insurance Company v. Northfield Medical Center, P.C. (A-27-15) … a limited scope of practice (here, a [chiropractor]) can compel—by the simple fact of majority voting rights— the … for the creation of the necessary entities. Neuner ultimately paid $2600 for those form documents. Unbeknownst …
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… damage” and an “occurrence” under a property developer’s commercial general liability (CGL) insurance policy. This … the construction of Cypress Point, a luxury condominium complex in Hoboken. Co-defendants Adria Towers, LLC, Metro … construction and claiming various consequential damages. Ultimately, a question arose as to whether the Association’s …
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… This appeal requires the Court to address the statutory process governing parole, and to determine whether it was … that “a substantial likelihood exists that [Acoli] would commit a new crime if released on parole at this time.” The … judicial review, if critical of the substance of that ultimate determination by the Parole Board under the …
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… NERA term -- meaning that he was parole-ineligible until he completed eighty-five percent of that eighteen-year term -- … fairness doctrine -- an integral part of the due process guarantee of the New Jersey Constitution -- the … and ineffectively assisted by counsel. His petition was ultimately denied. While that PCR petition was pending, …
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… where he also holds citizenship, while remaining under Community Supervision for Life (CSL). J.K. was sentenced to … claims related to the right to travel and substantive due process concerns. II. A. In his petition, J.K. argues that a … in Sanchez. 182 N.J. 140 (2004). However, the appeal was ultimately dismissed after the parties stipulated to the …
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… that authorized two teachers, or “releasees,” employed and compensated by the District to work full-time on the … And the releasees work to enhance the collective bargaining process, recognized to “promote labor stability in the … the merits of the controversy lie, are forces productive ultimately of economic and public waste; that the interests …
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… C.M. for a “substantial period” for the purpose of committing various crimes against her. The Appellate … For the next several hours, despite her pleas, defendant compelled her at knifepoint to perform various sexual acts … at 521-22 (quoting La France, 117 N.J. at 591). The court ultimately concluded that C.M.’s confinement was merely …
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… and damaging Sun’s facility. Sun brought a single-count complaint under the CFA in federal court alleging that Fike … would have an audible alarm; (3) the Suppression System complied with industry standards; and (4) the system had … of additional settings in which the CFA did not apply). Ultimately, we held that the consumer’s CFA claim was not …
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… by plaintiff Marilyn Flanzman and her former employer compels arbitration of Flanzman’s discrimination claims … organization to conduct the proceeding, or set forth a process for the parties to choose an arbitrator. In … declaring unenforceable any contract that “disallow[ed] an ultimate disposition [of a dispute] by a jury.” Such a law …
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… then-member of the New Jersey State Police (NJSP), filed a complaint under the Conscientious Employee Protection Act … facie case under N.J.S.A. 34:19-3(c)(2) and a verdict was ultimately entered in plaintiff’s favor, which the Appellate … to be lawyers on the spot; once engaged in the legal process, and with the assistance of counsel or careful …
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… of child pornography. Defendant admitted that his computer files included pornographic videos of his … implications of plea bargaining under a provision of the Comprehensive Drug Reform Act that substantially 3 expanded … admonished, “it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the …
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… J., writing for the Court. Under New Jersey’s Unemployment Compensation Law (UCL or Act), N.J.S.A. 43:21-1 to -71, an … that she is entitled to UI benefits through an adversarial process. (pp. 20-24) The judgment of the McClain panel is … the purview of this Court. See DiProspero, 183 N.J. at 492. Ultimately, we conclude that a plain reading of the statute …
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… on a public sidewalk adjoining a residential condominium community, is applicable to claims for personal injuries … owned and controlled by a homeowners association of a common-interest community. Plaintiff and her husband resided … abutting their property.” Luchejko, supra, 207 N.J. at 199. Ultimately, we decided that the ordinance did not abrogate …
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… of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … confessed to all three robberies and implicated purported accomplices, including defendant Raymond Daniels, who Fairley … 510-11 (citing State v. Harmon, 104 N.J. 189, 209 (1986)). Ultimately, R.T. cautioned that a trial court’s decision …
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… of the call was defendant’s home phone number. During these communications, Delagarza noticed a small abrasion on the … 876 (2004). The emergency-aid exception is derived from the commonsense understanding that exigent circumstances may … sensing Delagarza was on the floor underneath defendant. Ultimately, the municipal court made the following findings: …
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… was a single dissenting juror,” that “the jury had already come to an agreement, but for the presence of that single … threat to the integrity or independence of the deliberative process.” State v. Jenkins, 182 N.J. 112, 124 (2004). The … either a jury 16 taint or substantive interference with the ultimate course of the deliberations.” (internal quotation …
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… the City of Camden, the County, and the Department of Community Affairs entered into a Memorandum of Understanding … to override. We hold that any initiative and referendum process affecting Camden’s compliance with MRERA must be … pursued a motion to accelerate the appeal, which was ultimately denied by the Appellate Division. 14 While the …