njcourts.gov
… Argued March 8, 2023 – Decided June 2, 2023 Before Judges Vernoia and Firko. On appeal from an … Montalvo's motion to dismiss second- degree conspiracy to commit aggravated assault, second-degree aggravated assault, … (1991) (quoting N.J. Trade Waste Ass'n, 96 N.J. at 18-19). Ultimately, the decision whether to dismiss an indictment …
njcourts.gov
… Argued November 8, 2023 – Decided November 20, 2023 Before Judges Haas and Gooden Brown. On appeal from the … timeline of events. Chavis lived in the same apartment complex as Nock. Earlier in 2015, Chavis learned that … Gross decision. Defense counsel stated that if the court ultimately decided to admit the statement, he should be …
njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … including two counts of racketeering and conspiracy to commit racketeering, in violation of N.J.S.A. 2C:41-1, and … Division affirmed defendant’s conviction of 10 promoting, ultimately concluding that N.J.S.A. 2C:33-30 specifically …
njcourts.gov
… JERSEY APPELLATE DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … the bifurcation procedure. He replied: "If the subdivision ultimately is not 11 A-2509-21 acceptable to the Board, then …
njcourts.gov
… Argued March 5, 2024 – Decided August 6, 2024 Before Judges Rose and Perez Friscia. On appeal from the … weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … the middle of th[e] struggle with a gun being pointed and ultimately being [fired]." Further, her "eyeglasses were …
njcourts.gov
… Argued May 22, 2024 – Decided August 26, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … swiped the Detective’s hand away and began to struggle, ultimately resulting in his arrest. Under all of these …
njcourts.gov
… Submitted December 20, 2023 – Decided December 27, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
njcourts.gov
… Submitted October 17, 2024 – Decided December 2, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear …
njcourts.gov
… Argued September 12, 2024 – Decided October 4, 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … "consists of a one-story, masonry, cold storage industrial complex comprised of approximately 72,600 square feet of … N.J. 221, 230 (1999) (citing Hopkins, 132 N.J. at 439). "Ultimately, all considerations must be balanced 'in a …
njcourts.gov
… Submitted November 20, 2024 – Decided February 6, 2025 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
njcourts.gov
… Argued October 16, 2024 – Decided November 4, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a …
default
… Argued March 5, 2019 – Decided July 19, 2019 Before Judges Yannotti, Rothstadt, and Natali. On appeal from … the renter receives a four-digit personal number that, combined with the number of the renter's particular storage … quoting United States v. Sharpe, 470 U.S. 675, 687 (1985)). Ultimately, the lawfulness 18 A-2236-17T4 of a Terry stop …
default
… Submitted November 15, 2018 – Decided July 19, 2019 Before Judges O'Connor and DeAlmeida. On appeal from … the hospital, defendant told her father that something had come out of her body while she was in the basement and that … 448 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
default
… Argued March 27, 2019 – Decided July 12, 2019 Before Judges Fuentes, Vernoia and Moynihan. On appeal from … day and reported his belief that the Proud Mary sergeant committed official 1 Because of the location of the … therefore, is guided by summary judgment principles, the ultimate issue being "whether the competent evidential …
default
… Argued November 14, 2018 – Decided August 13, 2019 Before Judges Ostrer, Currier and Mayer. On appeal from the … New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … not a denial of due process, if the opportunity given for ultimate judicial determination of liability is adequate." …
default
… Submitted December 6, 2018 – Decided August 9, 2019 Before Judges O'Connor and DeAlmeida. On appeal from Superior … 2C:15-1; three counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; one count of … a cell phone that belonged to defendant. Marson and Rivera ultimately gave statements confessing their and implicating …
default
… Submitted October 30, 2018 – Decided March 20, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … that he was denied his constitutional right to present a complete defense because he was not permitted to explore … and hit her on the left side of her face with an open hand, ultimately placing her in a bear hug and throwing her to the …
njcourts.gov
… Submitted September 12, 2017 - Decided Before Judges Carroll and Mawla. On appeal from the Superior … cell phone and a blue AT&T cell phone. After obtaining a Communications Data Search Warrant, the police downloaded … Second, defendant's contention that the altercation that ultimately resulted in 12 A-5382-14T1 Spence's shooting was …
njcourts.gov
… Submitted September 25, 2017 – Decided Before Judges Sabatino, Whipple and Rose. On appeal from … We also uphold the sentence imposed, subject to the outcome of the reconsideration motion, which if favorable to … trunk area, where the guns and other contraband were ultimately found during the second interior search, was a …
default
… Argued September 13, 2018 - Decided January 24, 2019 Before Judges Fuentes and Accurso. On appeal from Superior … she "wasn't able to turn it on." Their mechanic friend recommended a locksmith, who came and unlocked the car, and … with "a meaningful opportunity to respond") (adding the "ultimate goal is not, and should not be, 4 Plaintiffs' …