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… Submitted November 13, 2023 – Decided November 27, 2023 Before Judges Sabatino and Mawla. On appeal from the Superior … TO THE FACT DEFENDANT WAS UNDER THE AGE OF 26 WHEN HE COMMITED THE CRIME. (C) COUNSEL WAS INEFFECTIVE FOR HAVING … of PCR Judge Nesle A. Rodriguez. We add only some brief comments. It is well established that a defendant appealing …
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… Submitted July 18, 2023 – Decided July 25, 2023 Before Judges Whipple and Mayer. On appeal from the Superior … MHC Pine Ridge at Crestwood, LLC owns a mobile home community in Whiting, New Jersey. Plaintiff's community is restricted to individuals who are age …
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… Submitted February 26, 2019 – Decided Before Judges Yannotti and Natali. On appeal from Superior … Scott A. Coffina, Burlington County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant … requests that we exercise original jurisdiction to "complete [the] determination." We decline to exercise …
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… Submitted October 22, 2019 – Decided Before Judges Hoffman and Currier. On appeal from the Superior … that defendant had a defense to the DWI charge and the outcome would in all likelihood have been different if he had … defendants should be required to establish that the outcome of the proceeding would have been 5 A-0612-18T3 …
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… Submitted October 29, 2019 – Decided Before Judges Gilson and Rose. On appeal from the Superior … 09-07-0620. Joseph E. Krakora, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the … presented in his supplemental brief. Judge Lindemann then comprehensively reviewed and rejected all of defendant's …
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… Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … indicating a moderate risk of recidivism. 1 Because Hankins committed his crimes prior to 1997, his FET, which commenced on his July 2018 parole eligibility date, will be …
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… Submitted January 13, 2020 – Decided March 30, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … and denying defendant's cross-motion to dismiss plaintiff's complaint; a subsequent order denying defendant's motion to … because "[p]laintiff did not attach a payment history or computerized business record [to a certification signed by …
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… Submitted November 18, 2019 – Decided April 9, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … Walsh in her twenty-nine-page written decision that accompanied the order denying defendant's petition. Defendant … was convicted by a jury under one indictment for having committed two counts of first-degree robbery, N.J.S.A. …
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… ——————————————— Submitted September 30, 2020 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … "ongoing-storm rule" in summarily dismissing plaintiff's complaint. Adhering to Pareja v. Princeton International … 2020), cert. granted, __ N.J. __ (2020), which held that a commercial landowner must take reasonable steps "even when …
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… August 25, 2020 – Decided September 15, 2020 Before Judges Geiger and Mitterhoff. On appeal from the Board … for Texidor to return to Puerto Rico only if the employee completed 4 A-2722-18T4 the employment contract. Because … This appeal ensued. On appeal, Texidor raises the following points: I. THE SEPARATION WAS NOT A VOLUNTARY LEAVING AS A …
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… Submitted November 5, 2020 – Decided Before Judges Alvarez and Sumners. On appeal from the Superior … se. Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Marc A. Festa, Senior Assistant Prosecutor, … Sokalski's cogent written decision, adding the following comments. To establish a prima facie claim of ineffective …
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… Submitted on May 5, 2021 – Decided June 28, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … Ploszay contended "[Guitmann]’s counsel exchanged ex parte communications with the arbitrator and that the arbitrator … no hint that the arbitrator was partial. Ploszay also points out that the arbitrator violated the arbitration …
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… Submitted May 3, 2023 – Decided May 11, 2023 Before Judges Haas and Mitterhoff. On appeal from the Superior … that defendant had no knowledge that Green intended to commit [the] robbery"; (4) "should not have withdrawn the … his "[f]irst PCR counsel was ineffective for not raising points one through seven" listed above. Following oral …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … nail salons.2 Defendants answered and filed a third-party complaint against Soon Wea Son, the manager of Ceci Nails, … after the mediation ended, Baik 2 Plaintiffs also alleged common law fraud, unjust enrichment, conversion, and …
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… Argued September 14, 2021 – Decided November 14, 2022 Before Judges Fisher, DeAlmeida and Smith. On appeal from the … AND DRIVING WHILE SUSPENDED. We find insufficient merit in Points II, III, IV, and V to warrant further discussion in a … offense or occurs simultaneous with and facilitates the commission of the charged offense. State v. Rose, 206 N.J. …
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… the unwritten personnel policy/practice was pervasive and company-wide; and (3) pronouncements regarding this … reasonably expected the policy/practice would be enforced uniformly and fairly. All four of these elements must … then you must decide whether the employer failed to comply with its unwritten personnel policy, and thus …
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… PUBLIC COMMUNICATION OF OBSCENITY … ( … N.J.S.A … . 2C:34‑4b) … Page 2 of 3 … Approved 6/22/82 … Page 1 of 3 … PUBLIC COMMUNICATION OF OBSCENITY … ( … N.J.S.A … . 2C:34‑4b) … The … (leases) or (operates) is guilty of a crime . . . In order for you to find the defendant guilty of this offense, the …
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… Submitted October 16, 2018 – Decided Before Judges Fisher and Suter. On appeal from the New Jersey … on probation failed to deter his criminal behavior. Webster committed serious institutional infractions while … in detention and administrative segregation with a loss of commutation time. The last offense had occurred in March …
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… Submitted November 5, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … sheriff's deed, vacate the final judgment, and dismiss the complaint. We affirm. On March 7, 2003, appellant and her … cured. On September 12, 2007, plaintiff filed a foreclosure complaint, naming as defendants Russ Baddouch, the …
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… Submitted February 28, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … Indictment No. 12-12-0852. In exchange, the State would recommend a five-year sentence on the possession charge and a … of imprisonment. The judge asked defendant to explain the recommended sentence. Defendant responded, "[f]ive years, …