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… Argued June 19, 2017 – Decided Before Judges Fisher and Fasciale. On appeal from Superior … including a minor traffic offense, has been or is being committed." State v. Amelio, 197 N.J. 207, 211 (2008) … without any reasonable suspicion that the motorist has committed a crime or other unlawful act." State v. …
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… Submitted March 14, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Civil Service Commission, Docket No. 2014-2045. Fusco & Macaluso Partners, … Attorney General, attorney for respondent Civil Service Commission (Cameryn J. Hinton, Deputy Attorney General, on …
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… Submitted February 28, 2017 – Decided Before Judges Messano and Espinosa. On appeal from the … is used, "an analysis of handwriting cannot be done by comparing known writings of the suspect to the questioned … conduct any analysis of the letter submitted in evidence, compare the handwriting on the letter to any samples of …
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… Submitted February 7, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … 14-08-0679. Joseph E. Krakora, Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the … offer to 7 A-3249-16T1 plead guilty in exchange for a recommended sentence of seventeen years on both Counts One and …
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… Submitted December 20, 2017 – Decided Before Judges Alvarez and Currier. On appeal from Superior … his window, police officers detected the odor of marijuana coming from his vehicle. When questioned about the odor, … marijuana in his car, suggesting that the smell might have come from a dog that was in the car earlier or from a …
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… Submitted December 4, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … December 22, 2017 2 A-4757-15T3 concluded: defendant committed an act of domestic violence against his wife, … 5 A-4757-15T3 On appeal, defendant presents the following points for our consideration. I. THE LOWER COURT ERRED WHEN …
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… Submitted February 14, 2018 — Decided Before Judges Koblitz and Manahan. On appeal from Superior … WHICH WAS PREDICATED UPON AN UNKNOWN BASIS OF KNOWLEDGE AND COMMUNICATED THROUGH AT LEAST FOUR LEVELS OF HEARSAY. We … cause determination, however, the basis of knowledge may be compensated for by a strong showing of veracity. State v …
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… Submitted December 21, 2016 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … (counts one and five); third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3a (count two); … (count three); and third-degree conspiracy degree to commit burglary, N.J.S.A. 2C:5-2 and 2C:18-2(a) (count …
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… Argued May 5, 2022 – Decided May 18, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … plaintiff must support each of the four elements with "some competent proof." Davis v. Brickman Landscaping, Ltd., 219 …
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… Submitted January 4, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … on White I, the PCR judge determined any inappropriate comments regarding the credibility of a testifying co- …
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… Submitted November 9, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the New Jersey … of a hearing officer to impose disciplinary sanctions for committing prohibited act *.011, possession or exhibition of … rescinded based on his [c]onstitutional right to religious freedom." 4 A-2851-18T2 On January 18, 2019, the Associate …
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… Submitted May 17, 2021 – Decided May 28, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … namely a projectile found inside a wood beam. Defendant points to no additional evidence outside of this record …
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… Submitted April 13, 2021 – Decided May 19, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … seized during the execution of the search warrant and to compel the disclosure of the CI's identity. The trial court … hearing in the trial court. Instead, defendant moved to compel the disclosure of the CI's identity. We generally …
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… Submitted June 17, 2020 – Decided July 21, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… Submitted February 10, 2020 – Decided April 7, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … at the FRO plenary hearing. The trial court found that L.F. committed the predicate act of harassment by driving past … parties are familiar with the previous 1 We note the TRO complaint did not allege stalking as a predicate act. 3 …
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… Defendant-Appellant. Submitted October 24, 2019 – Decided Before Judges Alvarez and Suter. On appeal from the Superior … in accord with a plea bargain, the judge must find a "'compelling reason' for the 3 A-0364-18T4 sentence … oral argument on the PCR petition, defendant's attorney commented that defendant was scheduled to be paroled in …
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… Submitted December 9, 2019 – Decided Before Judges Messano and Susswein. On appeal from the State … dispatched to an accident scene in response to a citizen's complaint. He arrived and saw "debris in the roadway[,]" … As in State v. Locurto, the rule of deference is more compelling where . . . two lower courts have entered …
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… Submitted November 7, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … as the result of the non-recording of the transmitted communications. 2 State v. Driver, 38 N.J. 255 (1962). 7 … that trial counsel was ineffective for failing to move to compel the State to disclose the identity of the …
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… Submitted November 13, 2019 – Decided Before Judges Fisher and Accurso. On appeal from the Superior … plaintiff underwent hip surgery. When his physician recommended he not drive the leased vehicle, plaintiff … for dismissal, and plaintiff appeals, arguing in three points that the motion judge: erroneously applied Rule …
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… Submitted January 10, 2022 – Decided January 31, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision … in this case. We have duly considered defendant's other points and sub-points, and they have insufficient merit to …