njcourts.gov
… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … process to sentence the defendant as if he committed that very same crime.” 939 N.W.2d 213, 216 (Mich. 2019), cert. … to Baker’s murder involved Baker allegedly committing the very serious gang offense of “false claiming” -- lying about …
njcourts.gov
… SOLOMON, J., writing for the Court. Child Sexual Abuse Accommodation Syndrome (CSAAS) includes five “preconditions” … mouth to vagina, mouth to penis, digital penetration, everything.” According to Jane, G.E.P. occasionally bound her … on behalf of the State as an expert witness to “provide very general education to the jury and to the Court.” Dr. …
njcourts.gov
… court issued a written opinion, stating that Smith would be compelled to testify at trial and that if she refused to … if he is unable to deliver the evidence. Clearly, not every variance between a prosecutor’s opening statement and … Smith recounted that several days earlier, Greene had visited her. According to Smith, her grandson, while sobbing, …
njcourts.gov
… Corporation (New Jersey Transit) sought to recover workers’ compensation benefits paid to an employee, David … action was barred by the Auto Insurance Cost Recovery Act (AICRA). Mercogliano was acting in the course of … proceeds of a tort action have been recovered, the tort recovery is primary” under N.J.S.A. 34:15-40. Id. at 111. The …
njcourts.gov
… medical care for the rest of his life. M.G. also sustained very serious injuries: he broke many bones, had injured … 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 …
njcourts.gov
… in the general direction of Johnson. The State presented a very different version of events. The State presented … No one submitted a paragraph. The court rejected as inapposite the further request by Hearns for a traditional … Although explicitly stating that an accidental death is incompatible with a conviction for murder would not have been …
njcourts.gov
… where recklessness or negligence establish the requisite mental element of a charged crime. Although this Court … supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … and reckless manslaughter. 195 N.J. at 171-73. By the very terms of the Code, the use of deadly force is …
njcourts.gov
… but invited further discussion about “more reasonable compensation in an amount which would satisfy all liens and … of taking and verified complaint in condemnation, and deposited $270,000 with the Clerk of the Superior Court. LB … Division placed “a substantial burden on condemnees to use very specific and special language when responding to …
njcourts.gov
… a UM claim against New Jersey Manufacturers Insurance Company (NJM), with whom he had an insurance policy that … all parties involved in a litigation should at the very least present in that proceeding all of their claims … that the “fairly 15 debatable” standard should not be revisited and further endorse the Appellate Division’s …
njcourts.gov
… member, Saccone receives a pension and other benefits in recompense for his service. His wife and son are entitled to … would abide a statutory construction that disserves the very people it was intended to help. The Board’s view of the … assistance. Even if a check payable to Anthony were deposited into a trust fund established for Anthony, the …
njcourts.gov
… and Maryann James v. New Jersey Manufacturers Insurance Company (A-26-12) (071344) Argued October 7, 2013 -- Decided … NJM policy contained a step-down provision capping the recovery of UIM benefits for unnamed insureds at the limit … which had a UIM limit of $50,000, his maximum UIM recovery under the NJM policy was capped at $50,000. Because …
njcourts.gov
… may not have been summarized.) In the matter of the Civil Commitment of R.F. SVP 490-08 (A-10-12) (070552) Argued … nine-month term on the assault charge, and imposed all requisite fines and penalties.3 The court also imposed parole … “low average to borderline intellectual” range -- “has this very reactive quality to him where . . . he doesn’t think …
njcourts.gov
… v. Kelvin Williams (A-8-12) (071306) [Note: This is a companion case to State v. Christopher Dekowski, also filed … words, conduct, and dress, a gesture is not a prerequisite for a finding that defendant threatened the immediate … do something like that” and thus considered “there [was] a very good possibility that [he had] a bomb.” Duncan did not …
njcourts.gov
… to -123.95, when applied to an individual whose offense was completed before its enactment, violates the constitutional … into an electrical outlet to be charged one to two hours every day and during that time Riley’s movements are limited … day.2 The parole officer monitoring Riley can log into a website, pinpoint his location on a map, and determine whether …
njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … contained in the Complaint and the proposed amendment are very similar. In the proposed pleading, Plaintiff seeks to … Plaintiff’s expense, for which Plaintiff is entitled to recovery. Id. at ¶¶ 150–151. II. Plaintiff’s Argument Plaintiff …
njcourts.gov
… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … the judge, “if you were to read that without a caveat, every spanking is a simple assault.” Defense counsel argued … to K.A.’s report. A DCPP caseworker, Jacqueline Alvarez, visited defendant’s home and conducted interviews with the …
njcourts.gov
… applies wherever “there is a nexus between self-service components of the defendant’s business and a risk of injury … or something wrapped in cellophane . . . where it would be very exceptional that any of it would get [out] of it.” The … rule. We will not do so. The mode of operation rule “is a very limited exception to the traditional rules of business …
njcourts.gov
… loss……………………………… 205 b. What is the amount of Centrum’s Compensable loss? ………………………….209 VII. The Major Alleged … been a member of the New Jersey Bar since 1967, practicing very little.3 Most of his efforts have been devoted to real … by others or the JCRA. In 2004, the JCRA seized a 3.4 acre site at the front of Jersey Avenue owned by a family known …
njcourts.gov
… reasonably safe vehicle, and awarded plaintiff substantial compensatory damages. Nissan 1 We use "Nissan" to refer … 3 appeals, asserting various errors concerning discovery and evidentiary rulings, jury instructions, collateral … assembly2 came loose from a Ford truck traveling in the opposite direction. The wheel struck the hood of plaintiff's …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY … 9, 2017, an arraignment hearing was held for Johnson. Discovery was ordered to be complete by July 28, 2017. By letter … 2017, an arraignment hearing was held for Ukawabutu. Discovery was ordered to be complete by July 28, 2017. By order …