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- A-2765-15T1 Opinionnjcourts.gov… Submitted September 14, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … defendant successfully evaded apprehension at the scene, a Combined DNA Index System (CODIS) hit from a knit hat worn … (quoting Strickland, 466 U.S. at 689). Here, defendant renews his arguments that his trial counsel's failure "to seek …
- njcourts.gov… Argued October 3, 2022 – Decided November 3, 2022 Before Judges Currier, Enright, and Bishop-Thompson. On appeal … the court's December 27, 2021 order denying his motion to compel the forensic psychiatric examination of a … Jack was charged with the victim's murder, conspiracy to commit murder, and other gun-related charges. In pleading …
- A-0514-21 Opinionnjcourts.gov… Defendant-Respondent, and DONALD J. SCIARETTA, trustee for the DONALD J. SCIARETTA FAMILY DYNASTY TRUST AGREEMENT … an arbitration provision. Donald appeals from an order compelling him to arbitration. He argues that he is not a … Accordingly, the family court held that Donald could be compelled to arbitration as a third party bound to the 1 To …
- A-3745-18 Opinionnjcourts.gov… Argued September 15, 2021 - Decided October 14, 2022 Before Judges Accurso and Rose. On appeal from the Superior … Defendant did not testify. Defendant raises the following points on appeal: POINT I THE FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY ON MUTUAL COMBAT AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT …
- A-1138-15T1 Opinionnjcourts.gov… Argued November 8, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … with violating departmental rules, acting in a manner unbecoming of police officers, and disobeying an order to secure …
- A-3647-15T3 Opinionnjcourts.gov… Submitted September 26, 2017 - Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … with Helmer's law firm several years later. In his comprehensive written decision on defendant's PCR … AND THE CO- DEFENDANT'S ATTORNEY. Having considered these points in light of the record and the applicable law, we …
- A-1571-19 Opinionnjcourts.gov… Submitted February 2, 2021 – Decided April 30, 2021 Before Judges Fisher, Moynihan and Gummer. On appeal from the … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …
- A-2837-18 Opinionnjcourts.gov… Submitted February 3, 2021 – Decided March 2, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … three counts of first -degree robbery in exchange for a recommended sentence of three concurrent ten-year terms, …
- A-0962-19 Opinionnjcourts.gov… Argued October 4, 2021 – Decided November 19, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. … police station. On appeal, defendant raises the following points for this court's consideration: POINT I THE SEIZURE …
- A-2458-20 Opinionnjcourts.gov… Submitted May 16, 2022 – Decided May 27, 2022 Before Judges Fasciale and Vernoia. On appeal from the … and disoriented." When Officer McGrail "guided [defendant] completely out of his vehicle, several blue wax paper folds … decision. II. On appeal, defendant raises the following points: POINT ONE BECAUSE DEFENDANT RECEIVED INEFFECTIVE …
- A-1451-20 Opinionnjcourts.gov… Argued January 5, 2022 – Decided March 31, 2022 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … shocks our judicial conscience given the multiple crimes committed by defendant, we affirm. 3 A-1451-20 I. The … 2C:13-1(b)(1); one count of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; …
- A-2378-20 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the point that you could return to employment and thereby comply with the provisions of N.J.S.A. 43:15A-22. The Bureau … is limited. Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of …
- A-1038-19 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46a. Appellants allege they should not be compelled to contribute to the cost of their health benefits …
- A-0308-19T6 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … F. Figueroa were indicted for second-degree conspiracy to commit robbery, first- degree robbery, second-degree … morning, the court excused everyone with the direction to come back in the afternoon in order to finalize and execute …
- A-3004-17T1/A-4208-17T1 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ANNUCCI, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. _____________________________ … In both appeals, State Farm raises the following identical points for our consideration: POINT I THE TRIAL JUDGE …
- A-4539-18 Opinionnjcourts.gov… Submitted January 26, 2021 – Decided Before Judges Yannotti and Mawla. On appeal from the Superior … one of Accusation No. 05-10-0960. The State agreed to recommend an aggregate custodial sentence of five years, with … about their conversations. He stated that his 6 A-4539-18 communications with his attorney "should be protected by …
- A-1038-19 Opinionnjcourts.gov… Submitted January 19, 2021 - Decided April 1, 2021 Before Judges Messano, Hoffman and Smith. On appeal from the … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46(a). Appellants allege they should not be compelled to contribute to the cost of their health benefits …
- A-1627-19 Opinionnjcourts.gov… AND LISA ANN MIRMANESH, individually and derivatively for WATERVIEW ESTATES CONDOMINIUM ASSOCIATION, INC., … corporation which operates a five-unit condominium complex in Ocean City. On January 18, 2012, plaintiffs filed a complaint against defendants, all unit owners, and members …
- A-1376-19 Opinionnjcourts.gov… Submitted January 4, 2021 – Decided August 5, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … In exchange for defendant's plea, the State agreed to recommend a sentence of twenty-three-and-one-half years of … 2C:44- 1(a)(3) ("[t]he risk that the defendant will commit another offense . . . ."), six, N.J.S.A. …
- A-1727-19 Opinionnjcourts.gov… Argued October 28, 2020 – Decided June 28, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … N.J.S.A. 2C:24-4(a). On or about May 21, 2013, another complaint was issued that charged defendant with an …