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- A-15-17 Opinionnjcourts.gov… defendants). When she became dissatisfied, she filed a complaint in Superior Court seeking statutory and common law … and refunded plaintiff the full purchase price to her credit card a few days later. 6 instant complaint alleging … dispute resolution provision fails to satisfy the prerequisites for the formation of a valid contract. The NJAJ …
- A-48-16 Opinionnjcourts.gov… Kavanaugh, the initial zoning officer. The nub of Harz’s complaint is that she had to expend substantial funds to … Kavanaugh’s motion for summary judgment and dismissed the complaint. The Appellate Division affirmed except as to … her appeal from the issuance of the zoning permits. Harz credits her 13 Superior Court complaint as the “catalyst” …
- A-33/34-16 Opinionnjcourts.gov… Inn motel in Neptune City. She called the front desk to complain she had been bitten by bed bugs. The motel owner … of the tote bag. Whenever a defendant is charged with committing a possessory drug offense -- as in this case -- … the motel clerk called to inform him that his remaining credit was insufficient to cover his stay that night. Ibid. …
- A-23-16 Opinionnjcourts.gov… seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, … at trial. On cross-examination, defense counsel posited to Officer Devlin that, based on the tape, he was in … assessments were also imposed. 2 Presumably, this overall crediting of Officer Devlin as a witness extended to Officer …
- A-64-13 Opinionnjcourts.gov… 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 …
- A-61-13 Opinionnjcourts.gov… An appellate panel reversed, holding that both trial courts committed plain error when they permitted the juries … error for the testimony to be replayed in open court, but recommended that trial judges confronted with similar requests … into other offenses. Defendant was awarded 841 days in jail credit toward his sentence. 15 grounds, 136 N.J. 299 (1994), …
- A-53-12 Opinionnjcourts.gov… protruding from the center console. Bryant then heard a commotion and realized defendant was attempting to flee. … Rather, the totality of the circumstances provided the requisite reasonable and articulable suspicion that defendant was … court denied defendant’s motion to suppress. The court credited Johnson’s testimony, but found Officer Bryant’s …
- A-37-12 Opinionnjcourts.gov… as they ran into a nearby yard. Outside of a home in the community where defendant allegedly lived, Pennsville … hiding under a bed in the room they occupied when they visited defendant’s mother and stepfather. She also confirmed … acted voluntarily and without coercion. The court generally credited and adopted Detective Acton’s version of the …
- A-47-14 Opinionnjcourts.gov… discrimination in jury selection. In July 2005, defendant committed a series of shootings, killing one man and … presumed group bias. (pp. 15-17) 3. In 2009, this Court revisited the trial court’s obligation to conduct a three-step … Colorado, was unavailable for the hearing. The court then credited the State’s explanations, indicating that they were …
- A-41-14 Opinionnjcourts.gov… a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … which was manufactured by Wave Loch, Inc. and ADG. To comply with the Safety Act, ADG submitted the ride’s … practices in the marketplace.” Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 576 (2011) (citing Lee v. …
- A-27-14 Opinionnjcourts.gov… been summarized.) Sergio Rodriguez v. Raymours Furniture Company, Inc. (A-27-14) (074603) Argued December 1, 2015 -- … connecting the harm to the individual to the harm that is visited on the State and the public interest by such actions, … DCR has already determined there is no probable cause to credit the allegations. N.J.S.A. 10:5-13. 23 Stores, 158 …
- A-16-14 Opinionnjcourts.gov… back to the United States, but Carrascosa failed to comply with the order. In October 2007, Innes filed a … existence of an attorney-client relationship as a prerequisite to recovery. Such a requirement is consistent with the … as appeared to it to be reasonable.” Alcoa Edgewater Fed. Credit Union v. Carroll, 44 N.J. 442, 446 (1965). That …
- A-70-18 Opinionnjcourts.gov… in violation of his federal constitutional rights. At the completion of discovery, Detective Martinez moved for … an exercise of force that is reasonable at one moment can become unreasonable in the next if the justification for the … the critical moments in the backyard, the dissenting judge credited the account that “Martinez shot Baskin as he turned …
- A-50-18 Opinionnjcourts.gov… 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 …
- A-19-18 Opinionnjcourts.gov… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … the statement an appearance of trustworthiness. Courts can credit information received directly from a citizen source. … home and cars. The court, however, did not make the requisite probable cause finding mandated by our constitutional …
- A-13-18 Opinionnjcourts.gov… indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The … suspended his license for ten years, and imposed the requisite fines and administrative penalties. See N.J.S.A. … 215 N.J. 242, 253 (2013) (quoting Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 397 (2009)). Only when those …
- A-5-18 Opinionnjcourts.gov… 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 … to be particularly prejudicial should the jury have credited parts but not all of defendants’ theory -- for …
- A-17-12 Opinionnjcourts.gov… action against O’Neill. In April 2009, Manahawkin filed a complaint in which O’Neill was named as the sole defendant. … to Manahawkin, O’Neill elected to have those payments deposited in her mother’s bank account. She then used funds from … fees.” He added that O’Neill would be “reported to the credit rating agencies,” and that his letter was the only …
- A-107-11 Opinionnjcourts.gov… (Princeton Office Park) purchased a 220,000 square foot commercial building on thirty-seven acres of land in the … down,” the rate of interest to be paid by a debtor to a creditor. See 11 15 U.S.C.A. § 1129(b); Till v. SCS Credit Corp., 541 U.S. 465, 473- 80, 124 S. Ct. 1951, …
- njcourts.gov… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial Conduct (ACJC) alleged four counts of … dismissed the TRO and declined to enter an FRO. He credited the defendant’s testimony and found that the …