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… Submitted September 21, 2016 – Decided Before Judges Fuentes and Simonelli. On appeal from the … second degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1a; and third … the consent must be 'unequivocal and specific' and 'freely and intelligently given.' The burden of proof is on …
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… Submitted May 23, 2018 – Decided June 14, 2018 Before Judges Manahan and Suter. On appeal from Superior Court … her over. She identified defendant as the man who had come into the store, demanded money, and threatened her with … appeal followed. On appeal, defendant raises the following points: POINT I THE PCR COURT SHOULD HAVE HELD THAT …
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… Submitted May 10, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … card, which he confirmed was expired. Defendant said he was coming from a party; he denied any prior arrests, but a …
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… I. Defendant's convictions arose from a home break-in he committed in Edison on the night of November 30, 2014; at … . . . you prohibited them from . . . gaining any kind of freedom. So you – . . . . Q. So, now the knife that you had, … This appeal followed. Defendant now presents the following points of argument:1 POINT I THERE IS NO FACTUAL BASIS TO …
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… Submitted May 3, 2017 – Decided Before Judges Manahan and Lisa. On appeal from Superior Court … issue with the system. Defendant filed a motion to compel discovery on March 14, 2016. During the hearing, … truck. This appeal followed. The State raises the following points on appeal: 5 A-4776-15T1 POINT I THE TRIAL COURT …
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… Submitted November 7, 2016 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … years. On appeal, he argues: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY DENYING DEFENDANT'S REQUEST … THAT JURORS WERE NOT UNANIMOUS AS TO THE VERDICT, THE COURT COMMITTED REVERSIBLE ERROR BY FAILING TO INQUIRE AS TO …
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… and THERESE DUNNE as the parent and legal guardian of the incompetent CRYSTAL DUNNE, Plaintiffs, and THERESE DUNNE, … Argued January 17, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … defendant regarding these issues, and emphasized these points during closing argument: And then the really …
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… Submitted September 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … a petition for post-conviction relief (PCR) and a motion to compel DNA testing of a hat found in defendant's minivan … 3 A-0512-15T3 Jose Gutierrez pled guilty to conspiracy to commit robbery and testified for the State. Gutierrez …
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… Argued October 30, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … A.P.M., said defendant, who was nineteen years of age, had come into her bedroom during the night and touched her … warnings defendant received. III. The arguments raised in Points III and IV require only brief discussion. During …
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… Submitted May 3, 2017 – Decided Before Judges Accurso, Manahan and Lisa. On appeal from … five years' special probation conditioned on his successful completion of the drug court program. Defendant appeals from … REASONABLE BASIS FOR BELIEVING THAT DEFENDANT HAD COMMITTED MOTOR VEHICLE VIOLATIONS, THEREFORE THE TRAFFIC …
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… Defendant-Appellant. Submitted June 1, 2017 – Decided Before Judges Carroll, Gooden Brown and Farrington. On appeal … N.J.S.A. 2C:13-2a (count two); and second-degree attempt to commit sexual assault, N.J.S.A. 2C:5- 1/2C:14-2c(1) (count … case is particularly strong." Ibid. As defendant correctly points out, evidence of prior crimes and bad acts are not …
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… ROCKLEIGH COUNTRY CLUB, LLC, Plaintiff-Appellant, v. HARTFORD INSURANCE GROUP a/k/a THE HARTFORD d/b/a HARTFORD FIRE INSURANCE COMPANY, STRATEGIC INSURANCE PARTNERS, INC., PHILIP D. … a matter of law." Burnett v. Gloucester Cnty. Bd. of Chosen Freeholders, 409 N.J. Super. 219, 228 (App. Div. 2009) …
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… Submitted March 3, 2022 – Decided May 17, 2022 Before Judges Haas, Mawla and Alvarez. On appeal from the … participation would have 6 A-0525-20 affected the outcome. In fact, defendant did not even identify sidebars of … Now on appeal, defendant raises the following three points: POINT I THE PCR COURT ERRED IN DENYING [DEFENDANT'S] …
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… Argued January 27, 2022 – Decided April 28, 2022 Before Judges Haas, Mawla and Alvarez. On appeal from the … murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), second-degree … and we affirm, except we remand for the trial judge to revisit the issue of merger. The following is drawn from the …
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… Submitted December 16, 2020 –Decided March 4, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … empty. He then began to search the center console, glove compartment, and back seat. Not finding anything of … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID …
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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … Div. 1994), "[t]rial [c]ounsel does not have the ability to compel a plea offer as the prosecutor solely possesses this …
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… Argued September 29, 2020 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6103). On August 5, 2015, Scott filed a denial of access complaint with the GRC. He argued that the HCFFA custodian …
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… ownership of ARISTACARE AT CHERRY HILL, LLC, d/b/a NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 25, 2020 order denying their motion to dismiss plaintiff's complaint and compel arbitration. We conclude the judge 3 … 5 A-0519-20 On appeal, defendants raise the following points for this court's consideration: POINT I THE [JUDGE] …
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… Argued August 17, 2021 – Decided September 7, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … the driver of a vehicle, 10 A-1865-19 or its occupants, is committing a motor-vehicle violation or a criminal or … the person's liberty has been restricted." State v. Bacome, 228 N.J. 94, 104 (2017) (citing State v. Smith, 134 …
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… Submitted April 26, 2021 – Decided May 21, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … 8 A-4080-19 On appeal, plaintiff raises the following points for our consideration: POINT I: PURSUANT TO [RULE] …