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… Submitted December 13, 2016 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … 281, 287 (1981), and "'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… Argued October 23, 2018 – Decided December 4, 2018 Before Judges Yannotti and Gilson. On appeal from Superior … was not informed that his plea might subject him to civil commitment under the Sexually Violent Predator Act (SVPA), … been advised that he was subject to potential civil commitment under the SVPA. I Defendant seeks to withdraw a …
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… Defendant-Respondent, and TRAVELERS INSURANCE COMPANY, Defendant. ____________________________ IN THE … Argued June 8, 2022 – Decided July 13, 2022 Before Judges Hoffman, Whipple, and Susswein. NOT FOR … further asserts the motion judge engaged in an ex parte communication with respondent Acosta. Because respondents …
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… attorneys for intervenor- respondents Bil-Jim Construction Company and Maple Lake, Inc. (Naomi D. Barrowclough, on the … in the federal action," after which discovery could be revisited if necessary. He also concluded CrowderGulf's and … basis of the court's liability holding here. As the State points out, the court dismissed CrowderGulf's claim for …
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… _________________________________ 1 The complaint was originally filed by Dorothy Patterson, … of decedent's estate. In the interim between the complaint's filing and this appeal, plaintiff was appointed … and is the substituted party in the matter. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … indictment charging defendant with disrupting or impairing computer services, N.J.S.A. 2C:20-25(b), impersonating … the same events. The State presents us with the following points of argument: POINT I WHILE THE TRIAL COURT INITIALLY …
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… Submitted December 16, 2020 – Decided Before Judges Fuentes, Rose, and Firko. On appeal from the … but the police arrived before the transaction could be completed. On cross-examination, Kochick testified he could … RECOLLECTION RECORDED AND PROVIDING THE JURY WITH THE ACCOMPANYING TRANSCRIPT. POINT THREE THE TRIAL COURT ERRED IN …
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… Submitted September 29, 2020 – Decided Before Judges Messano and Suter. On appeal from the Superior … to the continuing evolution of forensic science and the complexity of the forensic findings in this case, it was … In his pro se supplemental brief, defendant raises several points for our consideration, which we discuss seriatim. …
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… Argued September 22, 2020 – Decided Before Judges Gilson, Moynihan, and Gummer. On appeal from the … November 12, 2020 2 A-1039-19T1 This appeal arises out of a commercial dispute concerning the development of software … business in Seoul, South Korea. Genesis acts as a holding company, meaning it holds stock in other corporations that …
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… Submitted October 5, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … $207 per week for the two children based on plaintiff's income of $96,000 per year and defendant's imputed income of $30,000 per year. Plaintiff's child support …
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… Submitted March 16, 2021 – Decided March 31, 2021 Before Judges Mawla and Natali. On appeal from the Superior … was present in the vehicle with him or that defendant committed the robbery. Counsel asserted Sutton's defense was … by Sutton's counsel by reminding the jury that counsel's comments are argument and not evidence. The prosecutor …
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… Submitted March 23, 2020 – Decided June 4, 2020 Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal … property, plaintiff JSTAR, LLC, objected and, prior to the completion of Board action on the application, filed a … its failure to comply with the OPMA provisions regarding newspaper notice of the two earlier meetings in January …
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… Submitted May 12, 2020 – Decided July 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … with the following offenses: second-degree conspiracy to commit theft by deception and financial facilitation, … view in the living room were an HP Laptop, a MacBook Pro computer, several iPhones, a Nokia cell phone, a Samsung T- …
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… Submitted November 12, 2019 – Decided Before Judges Rothstadt and Moynihan. On appeal from the … was open; that is the State did not make a sentencing recommendation but reserved the right to argue for a sentence … a reasonable person would believe to be affirmative and freely-given permission to the act of sexual penetration." …
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… feet. 3 A-2936-18T3 The shopping center has a number of commercial tenants, including Stop and Shop, PNC Bank, … the use for which it was intended." See 7 A-2936-18T3 also Freehold Borough v. Nestle USA, 21 N.J. Tax 138, 153 (Tax … of an added assessment. However, the governing case law points to a different conclusion. In Harrison Realty Corp. …
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… Submitted September 10, 2019 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … of third-degree burglary and one count of conspiracy to commit burglary. Because the record supports the motion … following: two counts of second-degree use of a juvenile to commit a third-degree criminal offense, N.J.S.A. 2C:24-9(a) …
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… Argued September 29, 2020 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … on count 2 The grand jury also charged codefendant with committing crimes set forth in counts one, two, five, six, … judge stated that "[t]he duty to retreat . . . needed to come out [of the jury instructions]. Because there's no duty …
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… THE MATTER OF THE PETITION OF JERSEY CENTRAL POWER & LIGHT COMPANY PURSUANT TO N.J.S.A. 40:55D-19 FOR A DETERMINATION THAT THE MONTVILLE-WHIPPANY 230 KV … PC, attorneys for respondent Jersey Central Power & Light Company (Gregory Eisenstark, on the brief). NOT FOR …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the road outside the crosswalk, while defendant and other oncoming drivers had a green light. Based on the victim's … did not do so, we reverse. Defendant raises the following points on appeal: POINT I THE COURT COMMITTED REVERSIBLE …
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… Argued October 28, 2021 – Decided December 29, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … IMS Trading LLC (Trading LLC) and Central Garden & Pet Company (Central). Whitecap does not appeal the earlier … at Trading LLC circulated an internal memo listing talking points for explaining the transition to customers that …