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… Argued January 14, 2020 – Decided May 4, 2020 Before Judges Hoffman and Firko. On appeal from an … the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … Edward testified that in November 2017, after viewing news accounts of sexual harassment allegations against Matt …
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… Submitted January 27, 2020 – Decided May 1, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … the proper language for a certification in lieu of oath, in compliance with Rule 1:4- 4(b), appeared above T.M.'s …
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… Submitted February 13, 2020 – Decided April 29, 2020 Before Judges Nugent and Suter. On appeal from the Superior … PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that …
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… Submitted March 25, 2020 – Decided April 28, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2013-2273 and 2013-2274. Shirley … Attorney General, attorney for respondent Civil Service Commission (Dominic Larue Giova, Deputy Attorney General, on …
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… argued June 17, 2020 – Decided July 23, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … As part of that plea agreement, the State agreed to recommend that the twelve other charges against defendant be …
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… Submitted January 27, 2020 – Decided March 2, 2020 Before Judges Geiger and Natali. On appeal from the Superior … 2018 Family Part order denying her post-judgment motion to compel plaintiff Lawrence R. Berkowitz to contribute to … and cross-appeal followed. Defendant raises the following points: I. THE TRIAL COURT ABUSED ITS DISCRETION IN FAILING …
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… Argued February 27, 2020 – Decided June 8, 2020 Before Judges Alvarez and Suter. On appeal from an … the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … that the representation he or she received was less than competent and that the deficiency prejudiced his or her …
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… Submitted February 4, 2020 – Decided March 16, 2020 Before Judges Yannotti and Currier. On appeal from the New … found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned …
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… Argued September 21, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … a December 12, 2018 order that dismissed plaintiff's complaint. The motion judge reconsidered after he stated he … condemned," N.J.S.A. 20:3-8, N.J.S.A. 20:3-2(j), and appoints "three commissioners to determine the compensation to …
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… Argued January 9, 2020 – Decided September 16, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … the shoplifter at his store. An employee of the rental car company testified, identifying defendant as the person who …
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… telephonically July 14, 2020 – Decided September 10, 2020 Before Judges Sabatino and Susswein. On appeal from the … 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate … cautioned, "it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a …
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… Submitted December 19, 2019 – Decided Before Judges Nugent and DeAlmeida. On appeal from the … for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go …
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… Submitted September 16, 2019 – Decided Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal … 1 Defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(1) (count one); … RECONCILE THE PURPOSEFUL STATE OF MIND REQUIRED TO IMPOSE ACCOMPLICE LIABILITY WITH THE RECKLESS STATE OF MIND THAT IS …
njcourts.gov
… MATTER OF THE APPEAL OF THE DENIAL OF F.E.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD. Submitted … Unit for more than ten years. In 2016, F.E. applied to become a police officer with the Oakland Police Department. … basis analysis, and violates Due Process. As the State points out, F.E. did not raise this constitutional argument …
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… Argued October 7, 2019 – Decided January 14, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes …
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… TWO, LLC, DURAPORT REALTY FOUR LLC, and DURAPORT HOLDING COMPANY, LLC, Plaintiffs-Respondents, v. IMT STEEL, LLC, GIACOMO ABRUSCI and PRESTIGE CAPITAL CORPORATION, … REBAR, LLC, Defendants. ___________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE …
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… Submitted June 2, 2022 – Decided July 8, 2022 Before Judges Mitterhoff and Alvarez. On appeal from the … regulations of the New Jersey Public Employment Relations Commission (PERC). By the end of 2019, the City was facing … be $7,420,795. The City was also limited in its ability to compensate for the budget shortfall by taxing residents …
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… Submitted March 23, 2022 – Decided June 21, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … federal court determined that defendant would remain in the community pending the disposition of the Pennsylvania … custody of the Bureau of Prisons for the violation is now completed. Defendant was subsequently released from federal …
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… Submitted December 13, 2021 – Decided December 29, 2021 Before Judges Messano and Rose. On appeal from the Superior … a grading system, Estil was assessed the maximum of sixteen points, requiring his termination. After further … of the award – Estil's retained counsel filed a verified complaint against NJT in the Law Division, seeking to vacate …
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… Argued November 29, 2021 – Decided December 13, 2021 Before Judges Sabatino and Natali. On appeal from the Superior … approaching defendant's car, Sergeant Scanielo searched a computer database and learned that defendant's vehicle … part of the submissions to the motion judge. See State v. Bacome, 440. N.J. Super. 228, 239-40 (App. Div. 2015), rev'd …