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… on the brief). Michael H. Robertson, Somerset County Prosecutor, attorney for respondent (Alexander Mech, … dismissed count two, charging second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a). … While the "normal trial objective [is] . . . a search for ultimate truth," State v. Briley, 53 N.J. 498, 506 (1969), …
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… counsel and on the brief). Damon G. Tyner, Atlantic County Prosecutor, attorney for respondent (John Joseph … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … consequences of a refusal to submit to a breath test. When ultimately asked whether he would submit to breath samples, …
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… General, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … here, we discern no reason to conclude the Board's ultimate decision to deny appellant's motion was arbitrary, …
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… L-1073-14 and L-1016-14. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … found sufficient evidence to support the charges and recommended that both Varga and Jarema be terminated. Sheriff … de novo hearing equivalent to a new trial. The motion judge ultimately applied a 7 A-5250-14T3 level of review that …
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… O'Connor, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … The federal court stayed that matter pending the outcome of this appeal. 4 A-1557-17T4 1. NJTA's Lack Of Candor … will enable a reviewing court to set forth a more informed ultimate resolution of the competing interests at stake. The …
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… on the brief). Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney for respondent (Monica L. do Outeiro, … . . . [D]efendant ignored several traffic signals and committed multiple motor vehicle violations. When . . . … disregard for her safety and the safety of others." Ultimately, the court determined the prosecutor's rejection …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2007-31369 and 2009-2736. … on the brief). PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …
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… DOCKET NO. A-0957-16T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. J.M., … and Kayla. The facts are fully set forth in Judge Wright's comprehensive twenty-nine page opinion, and need not be … of a number of offenses, even offenses for which he, ultimately, served jail or prison time; and that, in a …
njcourts.gov
… Court that determined it NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … appoints the majority of the Turnpike Authority's Board of Commissioners and designates the Chairman and Vice Chairman, … timely appealed the decision to the Tax Court, which ultimately ruled in favor of defendant on summary judgment. …
njcourts.gov
… counsel and on the brief). Fredric M. Knapp, Morris County Prosecutor, attorney for respondent (Paula Jordao, Assistant … pursuant to Rule 3:25-3, defendant moved to dismiss the complaints containing the charges that were later subsumed … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been …
njcourts.gov
… Counsel, on the brief). Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Joie Piderit, Assistant … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and … burglary, drug possession, and resisting arrest. Devine was ultimately sentenced to Drug Court instead of prison. Devine …
njcourts.gov
… DOCKET NO. A-1224-15T3 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. A.H., … been chronically pulled for at least two to three months, commencing around the time the mother first noted the baby's … and the baby were together. Of significance to the court's ultimate findings, defendant A-1224-15T3 7 mentioned he …
njcourts.gov
… Counsel, on the brief). Richard T. Burke, Warren County Prosecutor, attorney for respondent (Kelly Anne Shelton, … of his rights, and thereafter provided a different, but ultimately incriminating, account of what occurred. … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything …
njcourts.gov
… attorney for appellant. Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Joie Piderit, Assistant … to the delicatessen after receiving a report Russo did not come home A-5189-15T1 3 the previous evening. The police … day in an effort to obtain Oxycontin from him. Chicarella ultimately met with defendant at around 10:00 p.m., at which …
njcourts.gov
… Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Christopher W. Hsieh, … correct? A: Yes. Defendant further testified that he had completed the plea forms with his attorney's assistance, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; accord State v. …
njcourts.gov
… DOCKET NO. A-3320-16T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. D.E.H., … the reasons stated by Judge Audrey Peyton Blackburn in her comprehensive and well-reasoned oral opinion rendered on … very fact sensitive and require specific evidence. Ibid. Ultimately, "the purpose of termination is always to …
njcourts.gov
… and on the brief). Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Susan L. Berkow, … continued to ramble in a sexually aggressive matter. Ultimately, defendant admitted he ingested LSD, and remained … defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped …
njcourts.gov
… and Carla D. Macaluso, of NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … CURIAM Plaintiff Thomas W. Kenyon filed a September 3, 2014 complaint against defendants Rutgers University, Bruce Fehn, … related to the merger and that Rutgers' management made the ultimate decisions regarding the merger. Rutgers retained …
njcourts.gov
… on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … to permit an inference of age discrimination,'" Bergen Commercial Bank v. Sisler, 157 N.J. 188, 213 (1999) (quoting … who is a 'similarly situated' employee." Ibid. The "ultimate burden of persuading the trier of fact that the …
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… DOCKET NO. A-4776-16T1 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. L.A., … 3 A-4776-16T1 set forth by Judge James Hely in his comprehensive oral decision rendered on June 22, 2017. The … placed A.A. with a different relative. However, A.A. was ultimately removed from that home after it was reported that …