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… motion for summary judgment and dismissing Spataro's complaint with prejudice. This appeal followed. We recite … Spataro's stall, O'Neill 4 A-0711-16T1 stated, "All right, get back," and set up a golf ball on the tee. O'Neill … his line of fire" . . . proceeded to hit the tee shot anyway. [Id. at 21-22.] The Court then concluded that the …
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… Submitted December 21, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … defendants were found guilty of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2; first-degree armed … how much DNA is in a solution in order to determine a target amount, puts the target amount into an amplification, …
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… 8, 2016 Law Division order dismissing his legal malpractice complaint with prejudice for failure to provide an affidavit … law. [Id. at 155 (emphasis added).] Recently, the Court revisited the issue of a trial court's failure to conduct a … to the motion judge: THE COURT: . . . You knew you had to get an affidavit of merit. You knew you needed an extension. …
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… Argued June 4, 2018 – Decided June 20, 2018 Before Judges Ostrer and Firko. On appeal from Superior Court … following a referral for physical abuse after S.A. complained of pain after being beaten with an extension cord … mother in the presence of a Division caseworker at the Bridgeton police station. S.A. told the police that he recently …
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… Submitted February 27, 2018 - Decided Before Judges Reisner, Gilson, and Mayer. On appeal from … in 2011. They were engaged in March 2012, moved in together in June 2012, and got married in September 2012. When … court." To calculate each parent's percentage share of income for purposes of guidelines-based child support, the …
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… 20, 2018, plaintiff filed a domestic violence civil complaint against defendant, and alleged that defendant had … They broke up several times, but defendant had always been able to contact her "under different user names." … "really drunk" at the time. She thought defendant was not "getting it" and even though he had threatened her, she …
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… Submitted May 6, 2019 – Decided May 24, 2019 Before Judges Sabatino and Susswein. On appeal from Superior … at the hospital that she and Gonzalez have a child together, but she had recently began "talking" and "hanging … counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, …
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… County, Virginia. As of May 2018, the parties planned to get a divorce. Plaintiff no longer resided in the marital … pursuit of plaintiff, following her onto an interstate highway. Plaintiff estimated that defendant followed her for … "Yes, you will. Oh, yes, you will." Plaintiff ceased all communication with defendant, but defendant attempted to …
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… Submitted March 4, 2019 – Decided June 3, 2019 Before Judges Haas and Mitterhoff. On appeal from Superior … TO REVIEW ALL RELEVANT DISCOVERY WITH HIM, TO CONDUCT A COMPREHENSIVE PRETRIAL PREPARATION, AND TO THOROUGHLY … Considering all that defense counsel had gone through to get [the expert's] report written, amended and admitted at …
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… request for imposition of a lesser sentence than the one recommended by the State because the court mistakenly … years in New Jersey State Prison. You are going to get – to be sentenced to a [sixty-three-month] parole … 442 (1989), defendant contends that "[a] sentencing court always retains sentencing discretion to impose any lesser …
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… of March 7, 2016, we affirm both orders. We add some brief comments. The charges arose when during the early morning … appeared angry, and even at gunpoint he refused to get down on the ground. When Ambrifi got out of his vehicle, … it will not constitute diminished capacity." State v. Galloway, 133 N.J. 631, 646-47 (1993)(emphasis in original). The …
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… Submitted September 11, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … disputed that contention and, after the parties filed competing motions for summary judgment on this question, the … of the firm's net profits that year, defendant proposed he get one-third and plaintiff two-thirds of the firm's net …
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… Submitted October 25, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … from the summary judgment dismissal of his personal injury complaint and an order denying his motion for … to defendant: "Please pay on time. The officers do not get paid until I receive the payment from you." Lastly, the …
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… Submitted May 23, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … time had passed and it would have taken a very long time to get the warrant [based on his] past experiences." Dr. …
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… Argued March 16, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … On Site d/b/a Centrix Staffing, Inc. (Centrix), a company that provided workers to defendant Waste Management … to work, Centrix "was the agency you had to go through to get employment." Plaintiff's sole reason for applying to …
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… new trial, arguing that the prosecutor made improper comments in both his opening statement and closing argument. … lost control of the truck, hit a house, and again ran away. The police found the magazine clip at the scene, and … he had done and knew what he had left, so he came back to get it. Defense counsel did not immediately object but …
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… Argued November 2, 2016 – Decided Before Judges Accurso and Manahan.1 1 Hon. Carol E. Higbee was … to his job as a truck driver a few days later but could not get through the day. He has never returned to work. 4 … was pain-free. Plaintiff returned to Dr. Ryan a year later complaining of pressure, stiffness and swelling in his left …
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… Submitted February 14, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … and medallion. According to Curtis, defendant yelled "let's get him." Defendant then walked off alone to join Brown. … others also kicked and attacked Brown. After Brown had been completely immobilized, defendant kicked him in the face …
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… Because our review of the record convinces us the errors complained of, either singly or in combination, did not … "live[d] with the pain." Defendant also testified he had "always been athletic" and played softball, handball, … elaborated: You know, this is not a case where somebody gets involved in an auto accident and they have no prior …
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… Submitted March 7, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … pursuant to a plea agreement in which the State agreed to recommend the imposition of a sentence one degree lower, of … approximately three years, four months and 26 days. You'll get credit for any time served. Do you understand that? Once …