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… the implied covenant of good faith and fair dealing. At the completion of discovery, the trial court granted summary … the legal consequences that flow from established facts.'" Cherokee LCP Land, LLC v. City of Linden Plan. Bd., 20 … most favorable to her. She also claims that there were creditability issues that prevented summary judgment in …
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… and November. On January 12, 2011, the Planning Board passed a Resolution granting in part and denying in part … evidence that a direct appeal to the Board would have been futile. In fact, in response to her appeal, the Planning … her appeal from the issuance of the zoning permits. Harz credits her 13 Superior Court complaint as the “catalyst” …
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… bed bugs. The motel owner inspected Hanson’s room using his pass key. He saw a plastic bag containing what he suspected … were narcotics and called the police. Officer Jason Rademacher had the motel owner lead him to Hanson’s room where, … the motel clerk called to inform him that his remaining credit was insufficient to cover his stay that night. Ibid. …
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… the court’s finding; (2) the probationer’s opportunity to refute the evidence; (3) the consequences for the probationer … in the vehicle a black male driver and a white male passenger. Shortly thereafter, a minivan entered the lot and … defendant was not entitled under our law to receive jail credit for time spent serving his probationary sentence. …
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… remained incarcerated prior to sentencing, the court credited him with the 558 days already served. Montalvo … the Attorney General asks this Court to explain that passive possession of a weapon in the home for self-defense … herself with a carpet-cutting razor in anticipation of a future conflict outside the home. 118 N.J. at 373-74. She …
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… then walked around the vehicle, asked defendant, the front passenger, to roll down the window, and detected a stronger … he did not observe any other vehicle traveling in the opposite direction toward defendant’s vehicle. Therefore, the … the driver was impaired or in need of police assistance. Crediting Officer Cohen’s testimony, the court nonetheless …
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… for FY15 were not ripe because the Legislature had not yet passed a FY15 Appropriations Bill. 2 When the Legislature … intended to create a contractual arrangement to address future payment into the funds to promote the fiscal health … understood principle: so long as the State’s full faith and credit is not pledged and a legally enforceable financial …
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… counsel claimed he was at a disadvantage due to the passage of time and because defendant’s trial counsel, who … Colorado, was unavailable for the hearing. The court then credited the State’s explanations, indicating that they were … remand seven years after jury selection would have been futile, and that a new trial was required because there were …
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… words “Garden State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes … also upheld the seizure of the handgun. The trial judge credited the officer’s testimony and noted that, with two … (Wildlife Conservation license plates). In all, the MVC website lists scores of alternative designs to the standard …
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… words “Garden State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes … also upheld the seizure of the handgun. The trial judge credited the officer’s testimony and noted that, with two … (Wildlife Conservation license plates). In all, the MVC website lists scores of alternative designs to the standard …
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… Specifically, M&K contends that New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act (Compassionate Use Act … “temporal nature” of the issue and its dependence on the future acts of Congress. See McIntosh, 833 F.3d at 1179. … temporary disability benefits, and third-party lien credits -- leaving the court to determine only the nature …
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… include the 12 following: if “[a]ny statutory prerequisite . . . is not fulfilled or there is any other statutory … it makes him, as it were, a new man, and gives him a new credit and capacity. [Id. at 380-81.] 16 But after … Ibid. A pardon, however, “does not make amends for the past,” “affords no relief for” past imprisonment or …
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… gesture, Detective Martinez shot him in the abdomen. Cherron Johnson, an area resident, witnessed the events and … “[w]hat Baskin didn’t do was get on the ground, be passive, or anything of that nature.” In its final summary … the critical moments in the backyard, the dissenting judge credited the account that “Martinez shot Baskin as he turned …
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… 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 … concluded the statements were admissible. The court first credited the detective’s testimony about what A.A. 7 said to …
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… the statement an appearance of trustworthiness. Courts can credit information received directly from a citizen source. … terroristic threats, criminal mischief, criminal trespass, and harassment. She claimed that they had a previous … and not to evidence of a person’s propensity to commit some future crime. The ACLU contends that the special needs …
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… for the non-consensual tow by a privately owned towing company that had a contract with the respective local … establish: first, that the defendant was a seller, lessor, creditor, lender or bailee or assignee; second, that the … right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by state or …
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… DWI in the North Brunswick Municipal Court. Because of the passage of more than ten years between the first and second … appointed counsel, and was unable to afford an attorney. In future cases, he also should attach to his affidavit or … 215 N.J. 242, 253 (2013) (quoting Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 397 (2009)). Only when those …
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… No one submitted a paragraph. The court rejected as inapposite the further request by Hearns for a traditional … to be particularly prejudicial should the jury have credited parts but not all of defendants’ theory -- for … apply that plain meaning.” Ibid. (citing Kean Fed’n of Teachers v. Morell, 233 N.J. 566, 584 (2018)). Because Hearns …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among … co- defendant Evangeline James testified; the trial court credited the officers’ testimony and found that James was …
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… An appellate panel reversed, holding that both trial courts committed plain error when they permitted the juries … into other offenses. Defendant was awarded 841 days in jail credit toward his sentence. 15 grounds, 136 N.J. 299 (1994), … shortly after it began deliberations in the trial of a teacher charged with sexual misconduct allegedly involving …