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#06-79
Administrative Directives
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… or she may, in his or her discretion, restrict, limit, or completely dispense with oral argument in connection with … other hand, oral argument seems desirable on one or more points. In exercising that discretion, the impact of oral … concerning matrimonial motion practice would be forthcoming in a subsequent report, the matrimonial bench, …
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… Submitted May 19, 2025 – Decided May 29, 2025 Before Judges Gummer and Jablonski. On appeal from the … violated his due-process rights in finding defendant had committed the predicate act of harassment. Unpersuaded by … against defendant. That day, she filed a domestic-violence complaint in which "harassment" was checked as the criminal …
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… Submitted December 13, 2023 – Decided February 5, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from an … was arrested and charged with acts of delinquency, which if committed by an adult, would constitute the crimes of: … for leave to appeal and a stay. M.P. raises the following points for our consideration: POINT I THE PROSECUTOR AND THE …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … order of the Law Division dismissing with prejudice their complaint in lieu of prerogative writs challenging defendant …
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… Submitted October 18, 2019 – Decided January 6, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … that defendant’s intent to kill Pierce transferred to become an intent to kill B.T., thereby making defendant … term of twenty-eight years of imprisonment that includes a combined period of parole ineligibility of twenty-four …
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… telephonically June 2, 2020 – Decided July 21, 2020 Before Judges Yannotti, Hoffman and Currier. On appeal from an … stated that defendant had a participatory interest in the communications with Frommann, which implicated her in the … decedent prior to his death." The judge determined that the community caretaking and emergency aid doctrine justified …
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… Submitted November 18, 2020 – Decided Before Judges Whipple, Rose and Firko. On appeal from the … her car, she heard "whistling" and "talking sounds" coming from the left side of the house. She took care of her … position ignores the remainder of the sentence which points out that the evidence must be sufficient to establish …
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… Submitted November 18, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … associated with the street gang, the Mara Salvatrucha (commonly 1 The record does not include a corresponding … This appeal followed. Defendant raises the following points for our consideration: POINT I THE FAMILY COURT ERRED …
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… Submitted November 4, 2020 – Decided Before Judges Yannotti, Mawla, and Natali. On appeal from the … testimony" which was significant as the evidence was "completely officer-based." With respect to the juror who was … prosecutor contended failed to make eye contact, defendant points to no authority to suggest he is entitled to a …
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… Submitted February 1, 2021 – Decided June 8, 2021 Before Judges Hoffman, Suter and Smith. On appeal from the … OF A "LAW ENFORCEMENT OFFICER." POINT II: THE TRIAL JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO CHARGE THE JURY ON … Defendant's theory of the case at trial was that he did not commit an aggravated assault or resist arrest. Defendant …
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… Submitted May 5, 2021 – Decided June 11, 2021 Before Judges Whipple and Firko. On appeal from the Superior … throwing "a couple of punches" towards defendant to gain compliance, and handcuffing him, Noriega observed a black, … to retain evidence seized from a suspect related to the commission of a crime. Defendant called Plainfield Police …
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… Submitted September 15, 2021 – Decided September 28, 2021 Before Judges Geiger and Susswein. On appeal from the Board of … in this matter, appellant's privacy constitutes a compelling interest that outweighs the Judiciary's … rendered its final decision. Appellant raises the following points for our consideration: POINT I THE BOARD'S DECISION …
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… Argued July 19, 2022 – Decided August 12, 2022 Before Judges Sabatino, Gilson and Susswein. On appeal from … [DEFENDANT] WAS GUILTY OF POSSESSING THE HANDGUN, AND THE ACCOMPANYING INSTRUCTION TO THE JURY THAT IT COULD FIND HE … articulable suspicion that a motor vehicle offense has been committed. 440 U.S. 648, 663 (1979). Such offenses include …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … teenagers sat behind her. The group began making profane comments to plaintiff and one of them threw an object at … 5.73, "Common Carriers for Hire" (June 1988). As amicus points out, other states also consider their public …
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… Submitted September 14, 2022 – Decided March 6, 2023 Before Judges DeAlmeida and Mitterhoff. On appeal from the … charging her with: (1) first-degree conspiracy to commit murder (her former spouse), N.J.S.A. 2C:5-2 and … filed a second PCR petition.5 She raised the following points: (1) First PCR counsel . . . failed to adequately …
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… Submitted December 12, 2022 – Decided January 11, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … texts Hawkins made to a third number before and after the communications with Armstrong. The third number belonged to … This appeal followed. II. Defendant raises the following points on appeal: THIS MATTER MUST BE REMANDED FOR AN …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … which is where the accident occurred. Plaintiffs filed a complaint against defendants, the New Jersey Turnpike … and thus could not have appeared in any plans. Earle points us to cases holding that compliance with written or …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … development of the record because, in its view, “the common law does not necessarily preclude the imposition of” … not owe a duty of care in this case. Because Arthur did not commit a tort, GEM cannot be held vicariously liable for his …
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… Argued October 30, 2017 – Decided June 19, 2018 Before Judges Messano and Vernoia. On appeal from the Superior … of its Firearms Applicant Investigation Guide (Guide) complied with the requirements of the Open Public Records … "what parts of the databases to access, and at what points in time during the investigation to do so." Ross also …
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… Defendants-Respondents, and NEW JERSEY AMERICAN WATER COMPANY, Defendant/Third-Party Plaintiff, v. LAFAYETTE … Argued March 20, 2018 – Decided May 10, 2018 Before Judges Yannotti, Carroll and Mawla. NOT FOR PUBLICATION … (Engineering Department), and dismissed plaintiffs' complaint with prejudice. Plaintiffs also appeal from an …