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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and on a jury's request during deliberations. We further recommend that the Model Criminal Jury Charge Committee … judge." 213 N.J. at 546-47. The trial court retains the "ultimate discretion" to deny such playback requests. Id. at …
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njcourts.gov
… Argued November 14, 2023 – Decided January 4, 2024 Before Judges Haas and Natali. On appeal from the Superior … he consent to an interview. Defendant agreed and accompanied Detective Peterson and Sergeant Lynn Dougherty to … his cognitive disability is "especially problematic," and ultimately invalidates his waiver. Again, we disagree with …
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njcourts.gov
… JERSEY APPELLATE DIVISION DOCKET NO. A-2384-21 US BANK CUST FOR PC7 FIRSTRUST BANK, and PC7REO LLC, … filed a lis pendens against the Magnolia property — twice — complicating Sam's efforts to sell it. 4 A-2384-21 any … written decisions, or reasons given for the 32 A-2384-21 ultimate conclusion"). Plaintiff may apply to the sitting …
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njcourts.gov
… Argued March 6, 2024 – Decided March 21, 2024 Before Judges Firko and Vanek. On appeal from the Superior … plaintiff's experts to testify about her subjective complaints of fear; in permitting plaintiff to read the … to the case" and "is too prejudicial". The trial judge ultimately allowed the questioning, ruling that "it sounds …
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njcourts.gov
… Argued April 9, 2024 – Decided April 16, 2024 Before Judges Puglisi, Haas and Bergman. On appeal from the … MOTION AS THE PROSECUTOR DURING HIS OPENING STATEMENT COMMITTED PROSECUTORIAL MISCONDUCT A) BY IMPROPERLY … on the jury's exclusive domain as factfinder by offering "ultimate-issue testimony" either directly or by way of …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Plaintiff-Respondent, v. TERRANCE L. JOHNSON, a/k/a MALCOM PIERCE, Defendant-Appellant. ________________________ … courts to detect and remedy a constitutional violation. Ultimately, the best way to prevent the inappropriate use of …
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njcourts.gov
… Argued September 20, 2023 – Decided November 1, 2023 Before Judges Currier, Firko and Susswein. On appeal from the … we conclude the trial court erred in charging the jury on accomplice liability, and the error was capable of producing … slide without the superimposed arrows or the headers," the ultimate conclusion as to the suspects' path of travel, as …
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njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … has been “generally accepted” in the relevant scientific community. The Court has moved away from the Frye test over … not on the conclusions that they generate.” Id. at 594-95. Ultimately, consistent with the Federal Rules of Evidence, …
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njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … During his prison sentence, Williams successfully completed multiple alcohol and drug rehabilitation programs, … hearing; it introduces no changes to what parole ultimately entails.” The Board maintains that it therefore …
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njcourts.gov
… Submitted October 24, 2023 – Decided November 21, 2023 Before Judges Gooden Brown and Natali. On appeal from the New … by these appeals, and the necessary consideration of the complex state and federal environmental statutes and … the LNG terminal the Loop serves. Stated differently, while ultimately DRP is required to obtain siting approval for the …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law right of public access, mandates disclosure of an … [were] not government records." Id. at 536-37. The GRC ultimately agreed with the Board, and we affirmed. Id. at …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … delivered by FIRKO, J.A.D. This appeal involves the Clean Communities Program Act (the Act), N.J.S.A. 13:1E-213 to … the Dedication Clause, and the fact that the Fund was ultimately distributed pursuant to N.J.S.A. 13:1E-217 is …
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njcourts.gov
… MATTER having been opened to the Court on cross-motions for summary judgment, and the Court having heard oral … Page 2 of2 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS GLOUCESTER CITY ORGANIC RECYCLING, LLC … efforts to redevelop an area known as Southport, which ultimately resulted in the designation of the Southport …
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njcourts.gov
… Argued December 5, 2023 – Decided June 17, 2024 Before Judges Sumners, Rose and Perez Friscia. On appeal from … Borough of Seaside Park. After taking over four years to complete hearings, the Berkeley Township Planning Board … prong of this analysis is much more speculative and, ultimately, unclear. Is it a benefit for the richest, most …
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njcourts.gov
… DOCKET NO. ESX-L-003949-19 Civil Action ORDER This matter coming to be heard on (1) the Defendants WellCare Health … of Georgia, Inc.’s (the “Defendants’”) Motion to Dismiss for Failure to State a Claim and (2) the Defendants WellCare … IV The Defendants contend that, because the Plaintiff ultimately seeks to recover for “underpayment” of Medicare …
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njcourts.gov
… DIVISION DOCKET NOS. A-2830-21 A-3320-21 STAVOLA ASPHALT COMPANY, INC. and STAVOLA LEASING, LLC, … CLEAR THE AIR, LLC, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was for an asphalt manufacturing facility, and its ultimate application for a use variance was to construct a …
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njcourts.gov
… Argued March 8, 2023 – Decided May 25, 2023 Before Judges Firko and Natali. On appeal from the Superior … individuals by their first name because they share a common surname. By doing so, we intend no disrespect. 9 … by people passing by.'" Domicz, 188 N.J. at 302. "Ultimately, whether a 'reasonably prudent officer,' who has …
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njcourts.gov
… Submitted May 9, 2023 – Decided August 11, 2023 Before Judges Messano and Gilson. On appeal from the Superior … BY PRECLUDING HIM FROM PRESENTING EVIDENCE [. . .] THAT THE COMPLAINING WITNESS HAD FALSELY ACCUSED HER FATHER OF SEXUAL … sent their father in which he threatened to commit suicide. Ultimately, local police found defendant in Tampa, Florida, …
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njcourts.gov
… Argued March 7, 2023 – Decided August 14, 2023 Before Judges Messano and Rose. On appeal from the Superior … suspension of his driving privileges and thirty days of community service. The judge denied defendant's request for … were noted in defendant's chart. 13 A-3223-20 Defendant's "ultimate diagnoses" were "[c]oncussion and scalp …
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njcourts.gov
… Argued July 10, 2023 – Decided September 6, 2023 Before Judges Vernoia and Smith. On appeal from the Superior … condominium, representing a 28% interest in its undivided common elements. The individual defendants own the four … units, each of which has an 18% interest in the undivided common elements. The Association's governing documents make …