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… told Officer Megaro "he's got weed in that bag." Forgione ordered defendant to remove the baggie from his pocket and … CONVICTION IS ILLEGAL. II. We first address the orders denying suppression. We must hew to our "deferential … person follows as a matter of course," even for a disorderly-person offense. State v. Daniels, 393 N.J. Super. …
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… Service (defendant) appeals from an April 30, 2015 order determining it was entitled to only $1276.79 of the … Crincoli. Defendant also appeals from the provision in the order that denied it counsel fees. We affirm. I On May 5, … was not required to retain the Jeep after May 22, 2014, in order to protect its claims. The court also determined …
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… Inc. (Summit) appeals from a February 22, 2016 Law Division order granting partial summary judgment in favor of … Summit also appeals from an April 15, 2016 Law Division order granting defendants' motion for reconsideration and … and that the moving party is entitled to a judgment or order as a matter of law." Ibid. (quoting R. 4:46-2(c)). If …
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… ground that ChooseNJ is not a public agency, she filed an order to show cause and verified complaint to seek an order compelling production of requested documents from … of her complaint. The trial judge denied plaintiff's order to show cause seeking records and dismissed …
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… Defendant Sam's Club appeals for the third time from an order denying its motion for a new trial on damages or … methodology, we vacated the trial court's December 1, 2014 order, denying defendant's motion for a new trial or … a fair and reasonable award of compensation requires a high order of human judgment." Model Jury Charges (Civil), 8.11E. …
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… Plaintiff Therese Dunne appeals from an April 1, 2016 order memorializing a no-cause jury verdict in favor of defendant Alta Wilson, and a May 13, 2016 order denying plaintiff's motion for judgment … Caputzal v. Lindsay Co., 48 N.J. 69, 77-78 (1966)). In order to determine whether proximate cause exists, the …
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… mirror and bend over doing something . . . ." The detective ordered defendant to stop moving and show his hands, and … police code for a "man with a weapon," and another officer ordered defendant to exit the vehicle. When defendant did … would have had to remove the gun from the evidence room in order to plant it in defendant's car. That was an improper …
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… leave granted, the State appeals from an April 26, 2017 order of the trial court denying its motion to admit … granted the State's motion for leave to appeal the judge's order. On appeal, the State argues: POINT I: THE TRIAL COURT … investigatory procedures would have been pursued in order to complete the investigation of the case; (2) under …
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… to N.J.S.A. 2A:84A-32a. Defendant appeals the July 10, 2015 order denying his DNA motion. We affirm. I. The trial … motion to compel DNA testing of the black hat, but ordered an evidentiary hearing regarding defendant's … was a ski mask." On July 10, 2015, the PCR court entered an order denying defendant's PCR petition, and his motion to …
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… Judge Sheila A. Venable denied defendant's petition by order dated December 15, 2015. She issued a comprehensive, … OF THIS MATTER. C. THE TRIAL COURT'S JUNE 23, 2011, ORDER GRANTING THE STATE'S MOTION WAS CLEARLY MISTAKEN AND … Supreme Court in State v. Fritz, l05 N.J. 42, 49 (l987). In order to prevail on a claim of ineffective assistance of …
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… whys and wherefores that Dr. Patel has got to provide in order for this to not be a net opinion. . . . . So his … exacerbation was conceivable. In an appeal from an order granting summary judgment, we review the record de … v. Plainfield Rescue Squad, 210 N.J. 581, 584 (2012). In order to sustain a cause of action for negligence, plaintiff …
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… addressing the factors of N.J.A.C. 10A:4-9.13(f), in order to rebut the officer's observations. In the absence of … had taken his television and that he was pepper sprayed in order to stop the altercation, which demonstrated he was the … our review is neither perfunctory nor a rubber stamp. In order for us to engage in a meaningful review, an …
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… judgment. An appeal is limited to those judgments or orders designated in the notice of appeal. See Pressler & … (App. Div. 2001) (refusing to consider a challenge to an order not listed in the notice of appeal). We turn to the … 115-22E(3), and affirm the judgment under review. "[A]n order or judgment will be affirmed on appeal if it is …
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… William L. Rapp appeal the Law Division's January 22, 2016 order that granted summary judgment to defendants, Village … summary judgment. Plaintiff has not appealed from that order. 4 A-2525-15T1 In 2007, O'Grady personally inspected … 59:4-2(a) and (b). As the Court has repeatedly stated, [I]n order to impose liability on a public entity pursuant to …
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… the State appeals from the Law Division's October 17, 2017 order suppressing a police officer's stop of defendant … Alaysia Saint Furcy's vehicle, and the February 14, 2018 order denying reconsideration of that decision. We reverse. … in my view. On October 17, 2017, the trial court entered an order granting defendant's motion to suppress and vacating …
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… Sumners and Moynihan. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, … By leave granted, the State appeals from the motion judge's order granting defendant Michael D. White's motion to … for reconsideration. It argues: POINT I THE SUPPRESSION ORDER AND DENIAL OF RECONSIDERATION MUST BE REVERSED AS THE …
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… officer it contends made the twenty-minute observation in order to meet its burden to substantiate that "during the … core foundational documents that establish the good working order of the device be admitted into evidence." Chun, 194 … are other factors that the court had at its disposal in order to consider not only the driving but the failure of …
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… For this reason, we reverse in part the trial court's order granting defendants summary judgment, and remand. I. … and . . . the moving party is entitled to a judgment or order as a matter of law.'" Id. at 327 (quoting R. … 125 N.J. Super. 131, 144 (App. Div. 1973)). Therefore, in order to prove retaliation for engaging in a constitutional …
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… City of Hoboken (the City) appeals from an August 5, 2021 order that vacated a January 15, 2021 arbitrator's award … fix salaries for employees who were demoted. HMEA filed an order to show cause in the Law Division seeking to vacate … prerogative to prevail in tight budgetary times in order for municipal governmental policy to be properly …
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… The State at trial presented Judgments of Conviction, Orders and Certifications, and Notifications of Penalties … Vehicles (DMV), testified that Judgments of Conviction, Orders and Certifications, and Notifications of Penalties … acts is not admissible to prove a person's disposition in order to show that on a particular occasion the person acted …