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… waiver pursuant to N.J.S.A. 2C:43-6.2. That statute "embodies the so called 'escape valve' to the mandatory sentence … and procedural history, recognizing that because this case comes to us before trial or any evidentiary hearings, the … concerns. Id. at 124. The State in Andrews remained steadfast in its fundamental opposition to the comparative review …
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… settlement agreement, either in whole or in part, under the common law right of access to public records, see Bergen … charged in a PNDA seeking his termination with conduct unbecoming and other sufficient causes following an internal … 506 (App. Div. 2010). See too, South Jersey Publishing Company, Inc. v. New Jersey Expressway Authority, 124 N.J. …
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… Avenue in Newark, "a mixture of residential homes" and "commercial establishments," Detectives Ozzie Ryals and … conducting surveillance because they "had received numerous complaints from concerned citizens about narcotic[s] … afoul of the Confrontation Clause's guarantee" as "embodied in either the federal or our State Constitutions."8 …
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… a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … him. Heath ran into the street, only to be struck by an oncoming car. As Heath lay at the curb, defendant approached … anyone would have a reasonable expectation of privacy in communications that they put out over . . . a . . . cell …
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… in New Jersey. The ongoing-storm rule arbitrarily relieves commercial landowners from any obligation to try to render … premised on the ground that to do so would always be "inexpedient and impractical." Such a bright-line rule, however, … or reduce the foreseeable hazard. Whether it would be inexpedient or impractical to act is one of many factors for the …
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… conversations and evidence derived from them, and compelling their disclosure to the Estate of Frank P. Lagano … Division judge (original judge) issued wiretap orders and communication data warrants. In December 2004, officers under the command of Michael Mordaga, then the BCPO Chief of …
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… FOR FEAR OF REPRISALS BY THE STATE. POINT II IMPROPER COMMENTS MADE BY THE PROSECUTOR IN SUMMATION EXCEEDED THE … Evidence That [Decedent]'s Preexisting Medical Conditions Combined With The Delay In Transporting Him To The Hospital … you, any family member or close friend ever been accused of committing an offense other than a minor motor vehicle …
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… DOCKET NO. A-1833-15T4 MASTEC RENEWABLES CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. SUNLIGHT GENERAL … facility (SGF) on the campus of the Mercer County Community College (College). SunLight hired MasTec … controversies . . . and render both legal and equitable remedies is co-extensive with that of the Law Division"). "If …
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… was indicted on charges of second-degree conspiracy to commit armed robbery and robbery, N.J.S.A. 2C:5-2 and … eligible. He had been convicted of third-degree theft committed in 2005, when he was twenty-one years old, and … to probation in 2006. In 2009, he violated probation by committing a drug offense. He pleaded guilty to the …
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… sexual assault where an expert in "Child Sexual Assault Accommodation Syndrome" (CSAAS) was permitted to testify. We … Ronald Summit, and identifies five categories of behavior commonly demonstrated by child sex abuse victims: "secrecy; helplessness; entrapment and accommodation; delayed, conflicted, unconvincing disclosure; …
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… Exxon to pay a civil penalty, the ACOs required the company to: undertake remedial investigations; A-0668-15T1 3 prepare work plans and feasibility studies; undertake all additional investigations and actions … recover additional "natural resource damages" (NRD), i.e., compensation for the injury and destruction of natural …
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… NO. A-2134-14T1 A-4630-14T1 THE STOP & SHOP SUPERMARKET COMPANY, LLC, Plaintiff-Appellant/ Cross-Respondent, v. THE … discretion in determining whether any of the enumerated remedies is appropriate." See Brenner v. Berkowitz, 134 N.J. … Wyckoff Avenues be monitored, subject to future traffic studies after the project started operating. Stop & Shop notes …
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… by the Office of the Public Defender. The judge compounded his error by misapplying State v. King, 210 N.J. … day, defendant filed a Uniform Defendant Intake Report (commonly referred to as a "5A")2 in the vicinage's Criminal … Status[,]" defendant averred that he had a $1200 monthly income and owned real estate valued at $1.1 million. The …
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… trial. The girls alleged that acts of sexual abuse were committed against them by 1 We use initials and fictitious … a child in his care." By way of qualification, Dr. Katz did comment that "[a]dditional data would be helpful and … cruelty. L. 1939, c. 277. That enactment stated that such bodies, by filing such complaints, may "cause to be arrested …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … conduct that resulted in his or her discharge had the ingredients of willfulness, deliberateness and intention." Ibid. … of misconduct should not eliminate a predicate ingredient of malice. To support these various arguments, …
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… seminal opinion in Nichols v. American National Insurance Company, 154 F.3d 875 (8th Cir. 1998). A qualified expert is … in neurology, internal medicine, and electrical studies of the brain. He completed a residency in neurology at … fields of neurology, internal medicine, and electrical studies of the brain. Plaintiff's counsel did not object to …
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… NO. A-3746-20 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DIEGO ARROYO-NUNEZ, a/k/a DIEGO ARROYO, and DIEGO NUNEZ, Defendant-Appellant. … of the court was delivered by MESSANO, P.J.A.D. This appeal comes to us in an unusual posture. The State of New Jersey …
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… or prosecution. 1 He contends that the Law Division judge committed numerous trial errors, all but one of which are … defendant shot his sister-in-law's former boyfriend with a compound bow and arrow, inflicting a fatal wound. Defendant … after a verdict has already been rendered. We therefore recommend a new procedural rule that when, in a murder …
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… plaintiff resided in a two-unit residential structure on Commercial Avenue in New Brunswick with her husband, A.S. … owned the premises.2 Defendant is a property management company that owns and manages residential rental properties and an industrial park in New Brunswick. The Commercial Avenue property consisted of two units and a …
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… Galvan joined Rodriguez and Dr. Ferraro in conspiring to commit this fraud. The State asserts it presented sufficient … from one of several listed non-governmental certifying bodies, although the list is non-exhaustive. N.J.A.C. … whether certified or not. That contrasts with regulatory bodies in other states. For example, New York regulators, …