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- njcourts.gov… Submitted May 31, 2022 – Decided July 5, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … on the seized evidence. Defendant also claims he was not competent to stand trial and his due process rights were … suspicion necessary to conduct the protective frisk that ultimately yielded the discovery of the CDS. Although Zepeda …
- njcourts.gov… Submitted September 27, 2021 – Decided July 18, 2022 Before Judges Sumners, Vernoia and Firko. On appeal from the … "approximately two years" and she had caused a "loss to the company" in the millions of dollars. After her interview … ERRED IN FAILING TO STRIKE THE IMPERMISSIBLE EXPERT AND ULTIMATE OPINION TESTIMONY OF A LAY WITNESS. POINT TWO THE …
- njcourts.gov… Submitted February 9, 2022 – Decided August 31, 2022 Before Judges Gilson, Gooden Brown and Gummer. On appeal from … defendant. The three witnesses, two of whom were only forthcoming after their own arrests on unrelated matters, gave … upon it, so long as he clearly leaves to the jury . . . the ultimate determination of the facts and the rendering of a …
- njcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was arrested in Camden on January 1, 2017, and charged in a complaint-warrant with: second-degree illegal possession of … is not a final adjudication of contested facts and does not ultimately affect either defendant's trial on the merits or …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … LLC, Defendants, and EXECUTIVE RISK SPECIALTY INSURANCE COMPANY; LEXINGTON INSURANCE COMPANY; ENDURANCE SPECIALTY … of all material facts, Brill, supra, 142 N.J. at 540, the ultimate burden of persuasion rested with plaintiffs, who …
- STATE OF NEW JERSEY VS. JOHN C. VAN NESS (13-01-0208, MONMOUTH COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … by the Office of the Public Defender. The judge compounded his error by misapplying State v. King, 210 N.J. … noted that he considered appointing stand- by counsel, but ultimately decided against it because defendant "was telling …
- IN RE N.J.A.C. 12:17-2.1 (NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT) - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … Even so, and giving due respect to an agency's expertise, "ultimately the interpretation A-4636-14T3 16 of statutes and …
- njcourts.gov… match and when seeing a special education class out in the community. Her psychiatrist diagnosed her with … at 38- 40, 53. A-5028-14T1 11 In Russo, supra, the Court "revisit[ed]" Richardson and Patterson. 206 N.J. at 17. Police … out for help that Russo was unable to provide and who ultimately died as a result of the A-5028-14T1 27 fire," …
- njcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … tier classification under Megan's Law; and (4) whether a recommendation by the Judiciary's Pretrial Services Program to … offender, his subsequent violations of probation, and his ultimate commitment to three years in juvenile detention. …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the school district officials about what A-3972-14T4 7 may comprise or reveal personally identifying information in … former pupils of any school district."). The 1944 statute, ultimately codified at N.J.S.A. 18:2-4.1, did not …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conversations and evidence derived from them, and compelling their disclosure to the Estate of Frank P. Lagano … the Federal lawsuit alleging that state-created danger ultimately resulted in Mr. Lagano's death." The court found …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and Suter. On appeal from the Public Employment Relations Commission, Docket No. CO-2014-149, and Superior Court of … Mignone letters of reprimand, for suspending him, and for ultimately filing tenure charges against him. PERC also …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … consecutive days per week," with his "work schedule to be accommodated to the extent possible." Defendant began serving … jail and ninety days in inpatient rehabilitation with the ultimately-adopted requirement of "not less than 180 days in …
- STATE OF NEW JERSEY VS. ZARIK ROSE (06-04-0377, GLOUCESTER COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … to proceed pro se. Figueroa, 186 N.J. at 593. "[T]he ultimate focus must be on the defendant's actual …
- njcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Superior Court of New Jersey, Law Division, Hudson County, Complaint No. W-2018-3276-0906 in A-0358-18. Claudia Joy … law." In re DeMarco, 83 N.J. 25, 36 (1980). "The question ultimately is one of fairness . . . [and t]he test is …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on appeal: first, it contends the GP6 is substantively non- compliant due to the misuse of the New Jersey Geological … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …
- STATE OF NEW JERSEY VS. TEOSHIE WILLIAMS (14-09-0992, MIDDLESEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… 6:30 p.m. on July 9, 2013, Chang responded to a call from Commercial Avenue in New Brunswick and spoke to the caller, … a gun, drugs, and drug paraphernalia in plain view, ultimately leading to the occupants' arrests. Id. at 103-04. … was the same as that of any other social guest or business visitor, and did not constitute a Fourth Amendment search." …
- JODI SHAW, ET AL. VS. BRIAN SHAND, ET AL. (L-0408-16, SUSSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … subject to CFA liability.13 No Supreme Court decision has revisited the learned professional doctrine since the Court … fraud and other unconscionable conduct. Although we are not ultimately bound by an agency's statutory interpretation, …
- CHARLES L. BOVE VS. AKPHARMA INC., ET AL. (L-0982-15, ATLANTIC COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … strike defendants' affirmative defense under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -146. Bove also … development stage, it was not marketed to the public, and ultimately, it was abandoned by defendants altogether. In …
- ELMER BRANCH, ETC. VS. CREAM-O-LAND DAIRY (L-4744-16, HUDSON COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … 182 N.J. 64, 75 (2004)). In addition, although we are not ultimately bound by an agency's statutory interpretation, …