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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Defendants, and PHILIP BLANCH and ROBERT J. GORMAN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that Peter Paul Kaminski (Peter)1 was the victim of fraud committed by his daughter, Pauline Kaminski (Pauline), and …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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted October 31, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from … – that is a jury call – but that it was sufficient to compel lesser-included jury instructions. Instead of … that they were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … order, later confirmed as a final judgment, dismissing its complaint that challenged the Township's 2015 denial of a … to Chapter 91 requests run "the risk that the property will ultimately be found to be income-producing. In such a case, …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … he continued to earn less than the $400,000 average yearly compensation he alleged he earned at his prior job. … he would have earned had he not quit his job, and what he ultimately earned after securing substitute employment. He …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … matrimonial appeal, we consider whether a court may compel reimbursement of college tuition, forensic … defendant's child support obligation.3 Defendant's appeal, ultimately dismissed, and plaintiff's cross-appeal followed. …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … H. Outland was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and … comporting with two particular rules of evidence, and the ultimate issue that must be addressed by the jury." Having …
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njcourts.gov
… Submitted December 14, 2021 – Decided January 19, 2022 Before Judges Mayer and Natali. On appeal from the Superior … Jones issued a conforming January 20, 2020 order and a comprehensive and thorough written opinion that addressed … doubt," when considering the totality of the evidence, he ultimately had "no doubt Patel drove drunk." He also …
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njcourts.gov
… Argued January 5, 2022 – Decided January 14, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … Part proceedings. The parties married in 1992. Following a complicated pregnancy, Jerry was born in 2000. At age three, … moved to have both parents appointed as co-guardians. Ultimately, by order dated December 2, 2020, the court …
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njcourts.gov
… WILLIAMS and BLANCHE JONES, individually and as fiduciary for SHARON WILLIAMS, Defendants-Appellants. … WITH PREJUDICE, INSTEAD OF FINDING SUBSTANTIAL COMPLIANCE BY MS. WILLIAMS WITH N.J.S.A. 2A:53A-27, AND … or in-depth in their description of services rendered," ultimately, summary judgment was appropriate because the …
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njcourts.gov
… Argued November 1, 2021 – Decided December 9, 2021 Before Judges Sabatino, Rothstadt and Natali. On appeal from … railroad tracks. There 3 A-4934-18 was no train immediately coming and the victim was able to climb back safely onto the … and not risk going to trial. The fact that defendant was ultimately not found guilty of first-degree robbery months …