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… Submitted January 25, 2017 – Decided Before Judges Accurso and Manahan. On appeal from Superior … under the first prong of Strickland, a defendant must overcome "a strong presumption that counsel's conduct falls … "a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at …
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… Submitted March 1, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from the … [the video] was played for the Court and jury at this time, commencing at 3:14:35 p.m., with the witness narrating … effectively cross-examined Brittingham on the subject. In a comprehensive written opinion, Judge Linda L. Lawhun found …
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… Submitted February 26, 2018 – Decided Before Judges Sabatino and Rose. On appeal from Superior Court … its Departments." CNA, Article XX(A). This goal "shall be accomplished by providing for [the Borough's] [e]mployees … are not part of the agreement. Having considered these points, we agree with certain contentions of both sides. We …
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… Argued June 5, 2018 – Decided July 5, 2018 Before Judges Fisher, Sumners and Natali. On appeal from the New Jersey Commissioner of Education, Agency Docket No. 199-7/16. Adam … of the Legislature with reasonable certainty." No Illegal Points, Citizens for Drivers' Rights, Inc. v. Florio, 264 …
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… Argued February 5, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior … judge also determined defendant was aware of but refused to comply with his child support obligation. The judge found … to pull defendant over on June 24, 2014, the police officer commented defendant appeared surprised to learn his license …
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… ________________________________ Argued December 7, 2016 Before Judges Higbee and Manahan. Telephonically reargued … 3 A-3928-14T3 In March 2012, plaintiffs filed a one-count complaint alleging defendant was negligent in failing to … during the event. Thereafter, plaintiffs filed an amended complaint. After defendant filed an answer, it moved for and …
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… Argued November 13, 2018 – Decided Before Judges Fasciale and Gooden Brown. On appeal from … "[A]cceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … PROCESS, AND SHE WAS IMPROPERLY REQUIRED TO PRESENT COMPELLING REASONS AND TO ESTABLISH THAT DENIAL OF HER …
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… Argued June 21, 2022 – Decided July 13, 2022 Before Judges Fisher and Firko. On appeal from the Superior … (Township) and Cereza Morales's motion to dismiss the complaint with prejudice. In his complaint, plaintiff alleged the Township failed to enforce …
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… Submitted June 2, 2022 – Decided July 11, 2022 Before Judges Hoffman and Susswein. On appeal from the … PROCESS OF FIFTH AMENDMENT.3 3 We note in the interest of completeness that defendant's point heading is different in the body of his brief compared to the table of contents. The table of contents …
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… Submitted March 9, 2022 – Decided June 13, 2022 Before Judges Geiger and Susswein. On appeal from the Superior … in 2005 defendant was convicted of acting as an accomplice to a local street gang leader in the homicide of … we affirm for the reasons explained in Judge DiFabrizio's comprehensive twenty-four-page written opinion, we need not …
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… Submitted April 25, 2022 – Decided May 3, 2022 Before Judges Fasciale and Sumners. On appeal from the … in defendant's shorts, and defendant failed to immediately comply with Harper's orders. Harper, based on his experience … 2 We have altered the capitalization of defendant's Subpoints A and B to comport with our style conventions but …
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… Submitted October 1, 2020 – Decided Before Judges Ostrer and Enright. On appeal from the Superior … 1989, defendant pled guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … the State agreed to dismiss other pending charges, and recommended a maximum sentence of forty years with a …
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… Submitted March 22, 2021 – Decided April 12, 2021 Before Judges Fasciale and Susswein. NOT FOR PUBLICATION … fourteen years old. In January 2019, the child began complaining of a headache and passed out shortly after. He … aneurism arise. On appeal, the mother raises the following points for this court's consideration: POINT I THE …
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… Submitted May 26, 2020 – Decided July 9, 2020 Before Judges Sumners and Natali. On appeal from the Superior … card.3 He also noted seeing cigarillos, which are commonly used to smoke marijuana, inside the car. Burns … Burns also indicated he smelled a faint odor of alcohol coming from defendant's breath. Defendant denied marijuana …
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… Submitted March 3, 2022 – Decided March 11, 2022 Before Judges Alvarez, Haas, and Mawla. NOT FOR PUBLICATION … could use to join the meeting if they did not want to use a computer. 5 A-1680-20 did not conduct any business during … 735 persons signed in and out of the meeting at various points. At one point, 334 persons were attending …
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… Argued February 3, 2022 – Decided February 16, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … for years at a time. In January 2018, the Division filed a complaint and an order to show cause for care and … is not the test for this [c]ourt. J.K. raises the following points on appeal: POINT I: THE TRIAL COURT COMMITTED …
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… Submitted February 25, 2020 – Decided April 7, 2020 Before Judges Hoffman and Firko. On appeal from an … whether at the moment of seizure, the officer had at his command sufficient facts supporting a person of reasonable … warrant the limited intrusion upon the individual's freedom. [Davis, 104 N.J. at 504 (citations omitted).] The …
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… Argued January 21, 2020 – Decided February 4, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … is limited. R. 1:36-3. 2 A-2113-18T2 PER CURIAM In his complaint, plaintiff alleged that defendant violated his … accident—probable cause existed to charge plaintiff with committing these offenses. Plaintiff appeals arguing: POINT …
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… Submitted December 17, 2019 – Decided Before Judges Yannotti and Currier. On appeal from the … Indictment No. 95-07-2488. Harbatkin & Levasseur, attorneys for appellant (Audwin Frederick Levasseur, on the briefs). … in 1995, and charged with second-degree conspiracy to commit murder, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. …
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… Submitted May 11, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. A plea counsel's performance is … we are satisfied that the clear terms of the plea form in combination with the trial court's colloquy with defendant …