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… Argued telephonically June 1, 2020 – Decided July 7, 2020 Before Judges Sumners, Geiger and Natali On appeal from the … for the first time that he was fourteen years old when he committed his crimes. He argues that N.J.S.A. … to a new sentencing hearing under Zuber, the motion court ultimately reached the opposite conclusion, issuing an April …
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… Argued September 23, 2020 – Decided Before Judges Fuentes, Whipple and Rose. On appeal from the … Louis DiPede summary judgment and dismissing plaintiff's complaint with prejudice. A Saudi Arabian national and … and, as such, he was not the primary decisionmaker, who ultimately dismissed plaintiff from the program. However, …
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… Submitted September 25, 2019 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the … III THE TRIAL JUDGE ERRED IN FAILING TO RECUSE HERSELF FOR COMMENTS MADE AT A STATUS CONFERENCE WHICH CREATED AN … she explain the "objective and subjective bases for [her] ultimate decision." Magill v. Casel, 238 N.J. Super. 57, 65 …
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… LAGOMARSINO, h/w, KARTHIK RAMACHANDRAN and S. CAWLA NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judge rendered a thirteen-page decision finding defendant committed legal fraud by failing to disclose the existence … been mistaken in his recitation of Curley's testimony, his ultimate finding⸻that plaintiff and Curley learned of the …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3518-17T4 DAVID A. FORMAN, Plaintiff-Respondent, v. AMY LEVENSON, … expenses into a trust, parenting time, and imputation of income) would be determined by the court if they could not … but could not prove without discovery." However, she ultimately obtained discovery that she now characterizes as …
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… A-3431-18T2 JOSEPH RILEY, Petitioner-Respondent, v. THOMAS COMPANY, INC., Respondent-Appellant. … Submitted October 2, 2019 – Decided Before Judges Vernoia and Susswein. On appeal from the New … the fifth surgery, and the court would "make the decision ultimately on the causation issue." The judge ended the …
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… Argued September 25, 2019 - Decided Before Judges Koblitz, Gooden Brown, and Mawla. On appeal from … . . . notice of any revision, amendment, or other communication between the applicants and [DEP] in connection … their concerns with the State officials who will make the ultimate permitting decision." Riverview Dev., 411 N.J. …
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… Submitted March 16, 2022 – Decided July 1, 2022 Before Judges Hoffman and Susswein. On appeal from the … and 2C:41-2(d) (count one); second-degree conspiracy to commit theft, financial facilitation of criminal activity, … the insurance identification. No card—expired or valid—was ultimately found. Furthermore, even assuming for the sake of …
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… Argued June 1, 2022 – Decided June 28, 2022 Before Judges Fisher, DeAlmeida and Smith. On appeal from the … defendant argues the following points: POINT I THE COURT COMMITTED PLAIN ERROR WHEN IT FAILED TO VOIR DIRE THE JURY … lack of forensic evidence such as fingerprints or DNA, and ultimately concluded his summation by saying: if you find …
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… Argued February 1, 2022 – Decided April 22, 2022 Before Judges Fisher, Currier and DeAlmeida. On appeal from … and February 2018, a man, later identified as defendant, committed a series of robberies in Camden County while … that the identification is reliable, it is defendant's ultimate burden to "prove a very substantial likelihood of …
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… Submitted March 8, 2021 – Decided May 18, 2022 Before Judges Rothstadt and Susswein. On appeal from the … by the domestic violence victim, who had a child in common with defendant but slept in a separate bedroom. The … [or she] resides." Id. at 202–03. The Court emphasized that ultimately, the "[a]uthority to consent to search a …
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… Submitted March 23, 2022 – Decided April 28, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … his laptop. Plaintiff was not injured, and he did not complain of pain. Plaintiff alleged that defendant's actions … of plaintiff's case." We disagree. "A trial judge has the ultimate responsibility to control the trial in the …
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… Submitted May 17, 2021 – Decided August 25, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … first address defendant's contention that the trial court committed plain error by failing to sua sponte provide the … mitigating circumstances—including defendant's youth—and ultimately imposed a sentence on defendant's murder …
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… Submitted May 3, 2021 – Decided July 19, 2021 Before Judges Sabatino and Currier. On appeal from the … an exterior surveillance camera showed Foye and Peppers coming and going from the location. The video is not clear … jail when the sisters had contact with him. Defense counsel ultimately agreed to include the admonition proposed by the …
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… Submitted April 14, 2021 – Decided July 15, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … I., ¶ 1, 10. [(Partially raised below)] POINT IV THE COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS TAMPERING … constructive possession." Citing Randolph, defense counsel ultimately acknowledged the mere presence instruction …
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… Argued May 24, 2021 – Decided July 12, 2021 Before Judges Currier and Gooden Brown. On appeal from an … 1:03 p.m. on October 20, 2018, he responded to an apartment complex in the township. James was dispatched to 2 Ian … and removing the children from the vehicle, both of which ultimately occurred. Further, with the police presence and …
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… Submitted April 19, 2021 – Decided June 28, 2021 Before Judges Rothstadt and Susswein. On appeal from the … N.J.S.A. 2C:43-7.2. Defendant contends the prosecutor committed misconduct by failing to instruct the grand jury … 822 (Mass. 1999)). The Court agreed with those decisions, ultimately concluding "the constitutional protections …
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… judge's refusal to consider [defendant]'s request to revisit the identification issue was improper. POINT II THE IDENTIFICATION INSTRUCTION WAS INCOMPLETE, RESULTING IN PLAIN ERROR THAT DEMANDS REVERSAL. … See State v. Vega-Larregui, 246 N.J. 94, 126 (2021). Ultimately, the trial evidence substantially corroborated …
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… Argued September 30, 2021 – Decided November 4, 2021 Before Judges Alvarez and Mawla. On appeal from the Superior … for the eighteen years preceding the marriage. He started a commercial landscaping business with appellant in 1996 and … Collateral estoppel means "simply that when an issue of ultimate fact has once been determined by a valid and final …
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… Argued March 8, 2021 – Decided May 3, 2021 Before Judges Currier and DeAlmeida. On appeal from the … Pennsylvania where he purchased a home. Plaintiff filed a complaint for divorce in May 2018. Thereafter, the court … questions" defendant's counsel asked on cross-examination. Ultimately, the judge found plaintiff was "a very average …