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… Argued March 11, 2024 – Decided May 30, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO … Moreover, the State did not seek to obtain a warrant to compel defendant to provide a urine or blood sample. So, …
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… LLC, Respondent-Respondent. __________________________ HARTFORD UNDERWRITERS INSURANCE COMPANY, Appellant. ___________________________ Argued … and Mitterhoff. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, …
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… the assignee of initial plaintiff Kenneth Lee Jennings. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plaintiff claimed she was never served with the summons and complaint. We conclude her claims on appeal are without … Florida, where she purportedly was served. The opposition points to the fact that plaintiff . . . first points to the …
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… Submitted April 30, 2024 – Decided May 14, 2024 Before Judges Mayer and Paganelli. On appeal from the Superior … a March 17, 2023 order denying a motion to reinstate their complaint. We affirm. We glean the facts and procedural … history from the motion record. Plaintiffs filed a complaint against defendants claiming defendants ' …
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… Submitted September 17, 2018 – Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … testified that he had been following the vehicle because a computer search of the license plate indicated that the … supported by the record. We add only the following brief comments. In cases where the PCR court does not conduct an …
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… Argued May 29, 2019 – Decided June 21, 2019 Before Judges Yannotti and Rothstadt. On appeal from Superior … court sentenced defendant to probation and placed him on Community Supervision for Life (CSL) under Megan's Law, … He also never appealed from the Board's final 1 "CSL is a component of the Violent Predator Incapacitation Act, which …
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… Argued May 22, 2019 – Decided June 7, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … alleging the judge who issued the warrant was biased, to compel the State to divulge the identity of the CI, for a … his reply brief, defendant raises the following additional points: 1 198 N.J. 145 (2007). 2 No. A-4208-15 (App. Div. …
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… Argued August 5, 2019 – Decided August 15, 2019 Before Judges Sabatino and Mitterhoff. On appeal from the … Act, 42 U.S.C. §§ 12101 to 12213, along the nineteen access points. In December 2012, the Borough Council presented its … requires the motion judge to consider whether the competent evidential materials presented, when viewed in the …
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… Submitted May 7, 2018 - Decided Before Judges Accurso and Vernoia. On appeal from Superior … (App. Div. Nov. 20, 2014) (slip op. at 5-6). Chavez complained to the management, and defendant left the bar. … extensive supplemental briefs elaborating on some of those points and raising several other issues. Id. at 12-14. We …
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… Submitted July 3, 2018 – Decided Before Judges O'Connor and Moynihan. On appeal from Superior … appeals his conviction for second- degree robbery as an accomplice, N.J.S.A. 2C:15-1(a)(1) and 2C:2- 6(a) (count one, … credited the testimony of both Hewitt and the detective who compiled the array, and determined Hewitt's prior encounters …
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… Submitted October 18, 2018 – Decided Before Judges Simonelli and DeAlmeida. On appeal from Superior … to count two of Indictment No. 09-12-2019, conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … and count two of Indictment No. 10-05-0715, conspiracy to commit burglary, 3 A-0536-17T1 N.J.S.A. 2C:5-2 and N.J.S.A. …
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… F. MIZE, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent. … Submitted November 5, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from the New … the final agency decision.2 He raises the following points for our review: POINT I THE STATUTORY AND REGULATORY …
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… CAPT. "DOE" CLARK, CAPT. SETEVEN YABLONSKY, LT. FELIX COMLON, LT. CHARLES ZISER, LT. STEVEN YURIK I.D. NO. 6480, … WEBER, DET. MARK OLMEDA I.D. NO. 8013, DET. MARK SUREZ, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the right to reinstatement is ordinarily routinely and freely granted when plaintiff has cured the problem that led …
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… Argued March 29, 2017 - Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … to dismiss the remaining counts in the indictment and recommended the court sentence defendant to a term of … register as a convicted sex offender under N.J.S.A. 2C:7-2, commonly known as Megan's Law. Defendant did not appeal his …
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… Submitted May 16, 2017 – Decided Before Judges Sumners and Mayer. On appeal from Superior Court … the Division must show by a preponderance of the competent, material, and relevant evidence that the parent … of Human Servs., 157 N.J. 161, 178 (1999) (citing Miller v. Newsweek, 660 F. Supp. 852, 858-59 (D. Del. 1987)). A parent …
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… Defendant-Appellant. Submitted April 16, 2018 – Decided Before Judges Sabatino, Ostrer, and Rose. On appeal from … failed to extrinsically and intrinsically minimize the communications. In particular, the judge found the State extrinsically minimized intercepted communications by "not monitor[ing] communications between …
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… Submitted November 27, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … avoid the mandatory period of incarceration and instead recommend a sentence of probation. At his October 26, 2007 … defendant to two years of probation with fifty hours of community service, and the forfeiture of the $15,146 found …
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… Argued April 25, 2017 – Decided Before Judges Espinosa and Grall. On appeal from the Superior … relief (PCR). The Rules of Court do not authorize an order compelling discovery in this context, and defendant did not … for an exercise of the judge's inherent authority to compel discovery when justice requires. R. 3:13-2; R. …
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… Submitted February 2, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … of a June 6, 2014 order dismissing his fifth amended complaint with prejudice, and other orders. After reviewing … we affirm. I In 2010, plaintiff filed his original complaint in this wrongful termination action. Over the …
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… Argued January 30, 2018 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … 39:4-50.4a. His appellate brief presents the following points for our consideration: I. MOTION TO SUPPRESS THE … find no merit in any of the arguments raised in those three points. Except as addressed below, they do not warrant …