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… Argued January 25, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … Within twenty-four hours of defendant's arrest, Letavish completed an arrest packet. The packet included his … 105 S. Ct. 2778, 2783, 86 L. Ed. 2d 370, 378 (1985). Ultimately, "courts will not inquire into the motivation of …
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… Submitted February 13, 2017 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … After observing defendant Carlos M. Cintron, Jr. complete a hand-to-hand marijuana sale on an Elizabeth … defendant filed a suppression motion, which the trial court ultimately denied following a limited hearing. The court …
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… Submitted March 22, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … of counsel] claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 … that the juvenile's testimony would not have altered the outcome. We disagree. The mere raising of a claim for PCR does …
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… Submitted April 11, 2018 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … a building (the property) located in New Brunswick with commercial space on the first floor and apartments on the … the following arguments: I. THE COMMERCIAL LEASE A. The "ultimate goal" of contract interpretation is to "discover …
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… Submitted January 8, 2019 – Decided January 30, 2019 Before Judges Vernoia and Moynihan. On appeal from Superior … defendant was on juvenile probation at the time of the commission of the offenses. The custodial term imposed by … and judgments and not from . . . reasons given for the ultimate conclusion"). Our de novo review reveals that …
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… Argued January 26, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from New Jersey … years of age and Adam was two. The Department immediately commenced an investigation, which included interviewing the … he may believe as a lay person. "[An expert] is not the ultimate trier of fact; that is the role of the …
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… Submitted January 23, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … spoke Spanish somewhat fluently and had no difficulty communicating in Spanish on a day-to-day basis. He spoke in … Defendant further argues that "[e]ven if she did otherwise ultimately give a knowing consent, the search was …
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… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … employed until his termination in June 2014. As part of his compensation package, plaintiff maintained a retirement … funds. Plaintiff failed to respond to this request. This ultimately generated significant additional work not only …
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… Submitted May 4, 2017 – Decided July 6, 2017 Before Judges Lihotz and O'Connor. On appeal from Superior … over his anticipated testimony before trial, as well as a comment made by a prospective juror during jury selection. … . . . is not necessary in every instance." Id. at 559. "Ultimately, the trial court is in the best position to …
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… Argued December 13, 2016 – Decided Before Judges Messano, Guadagno and Suter. On appeal from the … with failing to properly signal, N.J.S.A. 39:4-126; and a complaint charging defendant with obstructing the … However, "the fact that information an officer considers is ultimately determined to be inaccurate" does not invalidate …
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… Defendants, and PHILIP BLANCH and ROBERT J. GORMAN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that Peter Paul Kaminski (Peter)1 was the victim of fraud committed by his daughter, Pauline Kaminski (Pauline), and … equity in the Wayne home he has occupied since 1953, and ultimately led to the filing of a foreclosure action by DB50 …
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… Submitted October 6, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N.J.S.A. 2C:43-6.4, and … and reason to fabricate together with expert testimony, and ultimately with all of that the jury believed [the victim] . …
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… Argued January 24, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … Plaintiff, Howell Associates, L.L.C., filed a ten-count complaint in lieu of prerogative writs against defendants, … as a recognized conditional use in the zone. The Board ultimately rejected the application. The Board held hearings …
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… Submitted February 6, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … in 2004. Plaintiff then obtained a new job with a printing company and earned $38,000 annually until he retired in … instead contended he should be awarded fifty percent. Ultimately, the judge concluded: [Plaintiff] is entitled to …
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… Submitted December 13, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … police officer that he had seen a person who matched the composite picture police had produced in the Schwartz … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Plaintiff-Appellant, v. HARCO NATIONAL INSURANCE COMPANY, ADMINISTRATOR FOR STATE NATIONAL INSURANCE COMPANY, Defendant-Respondent. … purposely not being operated shifts to the claimant, the ultimate burden of persuasion as to the appropriateness of …
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… Submitted June 7, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from … counts consisted of sexual assault and related offenses committed against four other victims. Counts one through … expert assistance . . . [or] to express a view on the ultimate question of guilt or innocence." Id. at 461. …
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… Respondent. _______________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the street runs through the NHA's Seth Boyden Project Complex, which was vacant and abandoned at the time of the … Blank gave notice to and sued the homeowners, whose counsel ultimately informed Blank the pipe belonged to the city. …
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… Argued November 27, 2017 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … offense. N.J.S.A. 2C:39-5(b). A third-degree offense is committed when there is unlawful possession of a "handgun in … . . . ." Id. at 288-89. However, defendant bears the "ultimate burden . . . to prove a very 14 A-1378-16T1 …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … late filing of a petition is equated with incorrect or incomplete advice, long-convicted defendants might routinely …