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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3278-20 MONMOUTH COMMERCE CENTER, LLC, Plaintiff-Appellant, v. HOWELL … Submitted May 2, 2022 – Decided May 12. 2022 Before Judges Fasciale and Sumners. On appeal from the … action in lieu of prerogative writs, plaintiff Monmouth Commerce Center, LLC (MCC) appeals from two orders: a May 7, …
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… Submitted November 17, 2021 – Decided April 27, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … for the reasons stated in Judge Stephen J. Taylor's comprehensive opinion. Following a 2011 trial, a jury … Taylor observed that "appellate counsel raised numerous points of claimed error on direct appeal, many of which …
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… Submitted March 10, 2021 – Decided April 7, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … 2010, defendant, who was then fifteen years old, and an accomplice, R.J., jumped into the car of a … arrested and charged with various acts of delinquency, if committed by an adult would constitute crimes. After waiver …
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… Submitted May 13, 2020 – Decided June 4, 2020 Before Judges Fuentes and Mayer. On appeal from the Superior … an evidentiary hearing. In a March 18, 2015 order and accompanying written decision, the judge denied the … the cellphone records would not have led to a different outcome based on the testimony of the arresting officer, who …
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… Submitted November 12, 2020 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … also highlighting a number of mitigating factors that have come up since 8 A-0692-18 counsel was ineffective by failing … them by reference." The Rule requires PCR counsel to "communicate with his [or her] client," "investigate the …
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… Submitted December 14, 2021 – Decided March 8, 2022 Before Judges Currier and Smith. On appeal from the Superior … did not lodge a detainer with the federal prison. After completing his custodial sentence, defendant was released on … When he was released from prison, defendant lived freely, securing employment, and remaining under federal …
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… and Geiger. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1279. DeCotiis, FitzPatrick, … his request. Now on appeal, the Town raises the following points for our consideration: POINT I THE CIVIL SERVICE … these circumstances, therefore, we remand for the CSC to revisit 13 A-4786-18 this charge and decide it on the merits. …
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… Argued January 22, 2020 - Decided August 13, 2020 Before Judges Accurso and Gilson. On appeal from the Superior … meaning. We, accordingly, vacate that aspect of the order compelling payment of half the distributions to Sara and … for others." Borough of Princeton v. Bd. of Chosen Freeholders of Mercer, 333 N.J. Super. 310, 325 (App. Div. …
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… Submitted January 6, 2020 – Decided April 22, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … without an evidentiary hearing. Indicted for conspiracy to commit robbery in the second-degree, N.J.S.A. 2C:5-2(a)(1) … defendant's testimony at sentencing. Although defendant points out that the presentence report indicates that he …
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… Argued September 9, 2019 - Decided Before Judges Sabatino and Natali. NOT FOR PUBLICATION WITHOUT … that the original plaintiff in this case, Wilmington Trust Company ("Wilmington"), did not have standing to bring a … 3 A-1532-18T1 we conclude these arguments and the other points raised by defendants lack merit, and accordingly …
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… Submitted September 9, 2019 – Decided Before Judges Sabatino and Geiger. On appeal from the Superior … roadway, which required other vehicles to travel into the oncoming lane to circumvent his vehicle. The judge also held … had a reasonable and articulable suspicion that defendant committed a motor vehicle offense." Melvin, slip op. at 14. …
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… BOARD, Respondent. Submitted November 19, 2019 – Decided Before Judges Accurso and Rose. On appeal from the New Jersey … condition imposed by the Board that she successfully complete the Program for Returning Offenders with Mental … discharged for misconduct.2 Although the Board claims those points were considered by the hearing officer, his failure …
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… Argued December 19, 2019 – Decided Before Judges Alvarez and Suter. On appeal from the Superior … Emeka Nkwuo argued the cause for appellant (Lomurro Munson, Comer, Brown & Schottland LLC, attorneys; Christina … 3 A-3910-18T2 assessments and penalties. She successfully completed all court-ordered requirements and her case was …
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… DOCKET NO. A-0825-19T2 PHONE RECOVERY SERVICES, LLC, for itself and the STATE OF NEW JERSEY, Plaintiff-Appellant, … INC., and all subsidiaries and related entities, MCI COMMUNICATIONS SERVICES, INC., and all subsidiaries and … file an amended complaint. We lastly turn to two procedural points that have not drawn much of the parties' attention. …
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… Submitted September 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … of parole ineligibility, for second degree manslaughter committed in the heat of passion, N.J.S.A. 2C:11-4(b)(2), … In January 2018, the SWSP Institutional Classification Committee (ICC)1 denied Smith's request to reduce his …
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… Submitted February 24, 2021 – Decided May 3, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … have supported an actual duress defense, and failing to communicate with him adequately, all of which led to an … serious economic penalties upon workers who refused to comply with his demands – even in a social context . . . . …
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… Argued December 2, 2021 – Decided December 13, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … failed to object when the judge allegedly made "coercive comments" to the jury during its deliberations; and (6) used … stated that Bease "was not involved in the crime that was committed to [sic] me . . . nor was he present at the crime …
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… Submitted February 23, 2021 – Decided March 15, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior … 1000 feet of a school zone, N.J.S.A. 2C:35-7. Defendant completed plea forms, which confirmed he was not a United … defendant's PCR claims. Defendant raises the following points on appeal: POINT I – DEFENDANT'S PETITION FOR POST …
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… Submitted October 19, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … VanSyckle, who was surveilling the residence, advised radio communication that Salahuddin and defendant had exited the … Jersey Avenues. Other officers then observed Salahuddin complete the transaction with the CI in the presence of …
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… until the theft was discovered in early 2017. Defendant accomplished the theft by changing the address on her late … BMW, and $223.42 each month for cable.2 Thus, defendant had freed up at least $1000 in her budget by the time of the … We defer to the judge's credibility findings on these points. Locurto, 157 N.J. at 474. Contrary to defendant's …