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… Submitted December 11, 2018 – Decided Before Judges Yannotti and Rothstadt. On appeal from Superior … an order dated July 11, 2017, denying the motion. In an accompanying letter opinion, the court noted that defendant … no presumptive sentence for murder at the time defendant committed that offense. Caraballo, No. A-2655-03, slip op. …
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… Argued February 28, 2019 – Decided March 28, 2019 Before Judges Simonelli and Firko. On appeal from Superior … of defendant Wal-Mart Stores, Inc. (Wal-Mart). Lee filed a complaint against Wal- Mart on May 21, 2015, and claimed it … of probative [or] [competent] evidence. Movant reargues points made during the original motion. This appeal …
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… BANK, Plaintiff-Respondent, v. 2820 MT. EPHRAIM AVENUE, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judgment, entered after the borrower defaulted on a commercial real estate loan. In A-5432-17, defendants 2820 … followed. On this appeal, defendants present the following points of argument: I. LEGAL ARGUMENT – STANDARD OF REVIEW …
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… Argued April 29, 2019 – Decided May 14, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … November 2016, plaintiff Kornegay Construction, LLC filed a complaint in the Small Claims Section of the Special Civil … be vacated on that basis, we need not reach the additional points raised by defendant in this appeal. On remand, the …
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… Argued April 1, 2019 – Decided May 8, 2019 Before Judges Messano and Fasciale. On appeal from Superior … 2 A-4330-17T1 PER CURIAM Plaintiff Kenneth Zahl filed a complaint in the Law Division naming Mississippi attorney, … in Woodbury, New York. Johnson reiterated the salient points of her expert report, in which, upon review of …
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… Argued June 25, 2019 – Decided July 10, 2019 Before Judges Rothstadt and Suter. On appeal from the Superior … August 28, 2018 order that dismissed their personal injury complaint for failure to satisfy the limitation on lawsuit … threshold issues. The trial court erred by dismissing the complaint based on defendant's in limine motions that did …
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… Argued August 13, 2019 – Decided August 20, 2019 Before Judges Messano and Natali. On appeal from the Superior … and participated in the May 2016 proceeding. The Board recommended that 1 The Board is a unified board that also … then "proceeded to discuss and refute at some length" points made by one of the objectors. Id. at 344. We …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti and Firko. On appeal from the Superior … well as count one of Indictment No. 14-06-0549. The State recommended a sentence of fourteen 3 A-1955-17T2 years in … apply because 1 N.J.S.A. 2C:43-7.2. 4 A-1955-17T2 when he committed the robbery, he was in possession of a toy gun, …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … that (i) counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases"; and …
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… Submitted November 7, 2019 – Decided Before Judges Haas and Enright. On appeal from the Superior … probation in connection with those offenses at the time he committed the acts for which he was convicted in 2008. 4 … want to proceed to plead guilty?" and "[I]f you want to become a citizen of the United States in the future this may …
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… Submitted November 12, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Superior … the following colloquy: OFFICER MARSICANO: Where are you coming from? [DEFENDANT]: From New Jersey. OFFICER … gaze nystagmus (HGN) test. Marsicano then had defendant complete field sobriety tests, which defendant failed. This, …
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… Submitted November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … located in Elizabeth. Construction of the building was completed sometime in 2015, and plaintiff was the first … 3) $1250 for "excessive burn marks on carpet" requiring "complete[] replace[ment];" 4) $900 for "excessive wear and …
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… OF THE APPEAL OF THE DENIAL OF KANG WANG'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD. … he is of that character. The judge reserved decision. In a comprehensive oral opinion issued about one month later, … represents that the person is unable to understand or communicate proficiently in English." Id. at 7 (emphasis …
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… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … While plaintiff received a score of less than eleven points, her assessment form indicated that the committee …
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… Argued February 12, 2020 – Decided Before Judges Fuentes, Haas and Mayer. On appeal from the … managed by plaintiff. In February 2016, plaintiff filed a complaint against defendant and alleged that defendant had … then changed the locks on the building and, in order to comply with the trial court's February 5, 2018 order, it …
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… Submitted March 9, 2020 – Decided March 20, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … This appeal followed. Defendant raises the following points for our consideration: I. THE PCR COURT ERRED IN …
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… Submitted March 24, 2020 – Decided April 20, 2020 Before Judges Fisher and Rose. On appeal from the Superior … sentence. On appeal, defendant raises the following points for our consideration: POINT I. THE COURTS BELOW … only retained for ninety days. The MCSO also "provided the computer aided dispatch report." No witnesses testified at …
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… telephonically March 30, 2020 – Decided April 30, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … evidence to support the trial judge's findings that he committed the predicate acts of harassment and criminal … This appeal followed. Defendant raises the following points for our consideration: II. THE COURT ERRED IN FINDING …
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… Submitted March 16, 2020 – Decided April 30, 2020 Before Judges Sumners and Natali. On appeal from an … the State makes the single-point argument: THE TRIAL JUDGE COMMITTED LEGAL ERROR IN SUPPRESSING EVIDENCE THAT WAS … surveillance location during the pick-up and drop-off. Combined with the informant's tip and his training and …
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… Submitted April 22, 2020 – Decided May 28, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … order and this appeal followed. On appeal, defendant renews the arguments handily rejected by Judge de la Carrera, …