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njcourts.gov
… Submitted January 15, 2019 – Decided Before Judges Fisher and Geiger. On appeal from Superior Court … out of school after the eighth grade. Defendant was found incompetent to stand trial in July 2012. An April 2013 … insisted on going to trial.'" Ibid. (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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njcourts.gov
… Submitted October 29, 2018 – Decided Before Judges Sabatino and Sumners. On appeal from Superior … incident that defendant was arrested and charged under a compliant-warrant with third-degree neglect of elderly or … performance[.]'" Roseman, 221 N.J. at 621 (alteration in original) (quoting Watkins, 193 N.J. at 520). "In order to …
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njcourts.gov
… Argued September 17, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … Marino v. Marino, 200 N.J. 315, 329 (2009) (alteration in original)). Yet, a statute's plain language "should not be …
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njcourts.gov
… Submitted September 18, 2018 – Decided Before Judges Hoffman and Firko. On appeal from Superior Court … not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of … credibility was undermined after she recanted her original statement that defendant shot the victim, instead …
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njcourts.gov
… and LEO H. WAGNER, Plaintiffs-Appellants, v. BOB MARTIN, COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL … Submitted September 12, 2018 – Decided Before Judges Fasciale and Gooden Brown. On appeal from … that the material facts are undisputed – we affirm. Wagner originally sold thirty-two of seventy-eight lots to My-Ben …
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njcourts.gov
… Argued May 23, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … Plaintiffs filed an order to show cause and verified complaint to compel arbitration of this dispute. The trial … 433 N.J. Super. 111, 131 (App. Div. 2013) (alterations in original) (other citations omitted)). The scope of judicial …
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njcourts.gov
… Argued July 6, 2017 – Decided July 18, 2017 Before Judges Yannotti and Haas. On appeal from Superior Court … injury, N.J.S.A. 2C:12- 1(b)(7). The State agreed to recommend a term of non-custodial probation and dismissal of … this case, however, the prosecutor properly considered the original charges in counts one, three, and four, because …
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njcourts.gov
… Submitted December 3, 2019 – Decided Before Judges Gilson and Rose. On appeal from the New Jersey … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2006-15760. John E. … 243 N.J. Super. 536, 540 (App. Div. 1990) (alteration in original) (citation omitted). "Under the doctrine, the …
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njcourts.gov
… Submitted November 21, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … On June 12, 2018, the SWSP Institutional Classification Committee (ICC)2 unanimously denied appellant's request to … in the record as a whole.'" Id. at 202 (alteration in original) (quoting Stallworth, 208 N.J. at 194). We "defer …
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njcourts.gov
… ——————————————— Submitted October 17, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … defendant testified that on March 5, 2014, he and two accomplices agreed to rob a grocery store on Mount Vernon … State v. Gaitan, 209 N.J. 339, 351 (2012) (alteration in original) (quoting State v. Nuñez-Valdéz, 200 N.J. 129, 139 …
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njcourts.gov
… Argued November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … delay, the fire escape was removed and construction was completed. In the interim, the property sustained … (App. Div. 1960). In La Bruno, the defendant aggravated the original mistaken trespass by refusing to address the fence …
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njcourts.gov
… Submitted October 15, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the New … provide it to her. DMAHS did not respond, and it ceased all communications with K.P. This appeal ensued. On October 18, … evidence in the record as a whole." Ibid. (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. …
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njcourts.gov
… Submitted November 20, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … relations order (QDRO). However, the retirement fund company denied the request because the wording of the QDRO … competent evidence." Ibid. (first and third alterations in original) (quoting Palombi, 414 N.J. Super. at 288). Rule …
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njcourts.gov
… Argued November 14, 2019 – Decided Before Judges Mayer and Enright. On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2019-27. Jeffrey R. Caccese argued the … 435 N.J. Super. 571, 582 (App. Div. 2014) (alteration in original) (quoting In re Arenas, 385 N.J. Super. 440, 443-44 …
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njcourts.gov
… Submitted November 8, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … J.S. v. R.T.H., 155 N.J. 330, 338 (1998) (alteration in original) (quoting Weinberg v. Dinger, 106 N.J. 469, 481 …
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njcourts.gov
… DIVISION DOCKET NO. A-0390-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.C. SVP-14-99. … Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … petition. E.C. has had numerous review hearings since his original commitment in 2000. His most recent hearing, the …
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njcourts.gov
… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … v. Nash, 212 N.J. 518, 542 (2013) (third alteration in original) (internal citations and quotation marks omitted).] …
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njcourts.gov
… 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 … v. Nuñez– Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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njcourts.gov
… Argued April 24, 2018 – Decided May 3, 2018 Before Judge Reisner, Hoffman and Gilson. On appeal from … In the summer of 2007, plaintiff filed a divorce complaint. That July, defendant obtained a temporary … v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & Family Servs. v. …
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njcourts.gov
… Argued April 23, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … with a former client. After the carrier filed this complaint, the attorney and his firm assigned their rights … harm must have been intended." [Id. at 330 (alterations in original) (quoting State Farm Fire & Casualty Co. v. Victor, …