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… Submitted January 28, 2019 – Decided May 10, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, 200 N.J. at 15). We owe …
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… Submitted April 2, 2019 – Decided June 10, 2019 Before Judges Yannotti and Natali. On appeal from Superior … his supplemental certification, and further argued that a "combination of errors and ineffective assistance of … who then articulated an "issue of fraud" relating to the original judgment of conviction's reference to a "count …
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… Submitted May 20, 2019 – Decided June 4, 2019 Before Judges Mitterhoff and Susswein. On appeal from Superior … of the agreement. Defendants argue that the foreclosure complaint should be dismissed under the doctrine of unclean … agreements. . . . It's essential that you return the original documents to us by September 30, 2014 so we can …
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… Submitted May 6, 2019 – Decided May 30, 2019 Before Judges Sabatino, Sumners and Susswein. On appeal from … of plaintiff Jesus Gonzalez's employment discrimination complaint against his former employer, defendant Electronic … over any remaining funds in its trust account left when it originally placed the $100,000 in its trust account" for …
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… Submitted April 9, 2019 – Decided April 22, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … charged that trial counsel, not PCR counsel, had committed several ethical violations. 5 A-1779-17T4 The PCR … first P.C.R. was failed to have been raised [sic] by his original P.C.R. attorney, which is also an issue, which, …
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… Submitted January 24, 2019 – Decided April 22, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … in 1 This matter is being considered, in the absence of comment on the subject by counsel, under the prior version … He also 5 A-4875-17T4 observed that the prosecutor's original rejection letter "demonstrated a lack of …
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… Submitted April 1, 2019 – Decided April 10, 2019 Before Judges Haas and Sumners. On appeal from Superior Court … on a couch, looked over the bannister, and saw defendant coming up the stairs. He told Marshall, "You think I'm … 451 N.J. Super. 429, 455 (App. Div. 2017) (alterations in original) (quoting State v. Torres, 183 N.J. 554, 564 …
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… Argued March 18, 2019 – Decided April 8, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … State v. Reece, 222 N.J. 154, 166 (2015) (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 … is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial …
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… Submitted February 26, 2019 – Decided April 3, 2019 Before Judges Hoffman and Suter. On appeal from Superior Court … to the same location that had been delivered this year[,] coming from either the [s]tates of California, Washington, … at the place sought to be searched." [Ibid. (alterations in original) (quoting Laws, 50 N.J. at 173).] "[W]hen the …
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… Submitted December 11, 2018 – Decided April 2, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … 2C:39-5(b), that an indictment charged him with having committed. The court sentenced defendant in accordance with … a reviewing court cannot enjoy.'" Ibid. (alteration in original). We review de novo the judge's pure determinations …
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… Submitted March 11, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income … 193 (1999). Courts should enforce MSAs according to the original intent of the parties. Pacifico v. Pacifico, 190 …
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… Argued December 6, 2018 – Decided April 1, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … for injury and discovered a significant amount of blood coming from the left side of his scrotum, on which a blood … N.J. Super. 540, 551 (App. Div. 2015) (alteration in the original) (quoting Heyert v. Taddese, 431 N.J. Super 388, …
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… Plaintiff-Appellant, v. OHIO SECURITY INSURANCE COMPANY, Defendant-Respondent. Argued December 5, 2018 - Decided August 2, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from … project; and b) upon removal, the river was restored to its original condition. Ohio also contended the "damage to …
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… Argued August 1, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … for failure to pay these dues and counsel fees, filing a complaint on March 13, 2013. Defendant Christopher, then … only the denial of the April 29 2016 order and not the original order granting summary judgment. See Fusco v. Bd. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2133-15T4 COMMUNITY FIRE AND WATER DAMAGE RESTORATION, LLC and CHRIS … Argued April 25, 2017 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011) (alteration in original) (quoting other precedents)); cf. Perez, supra, 215 …
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… Submitted April 26, 2017 – Decided Before Judges Fuentes, Carroll and Farrington. On appeal from … at 200. To achieve this end, the juvenile-applicant must complete a two-step process: [F]irst, the juvenile must … be in the child's best interest to return to her country of origin." According to the judge, judicial economy favored …
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… Submitted May 10, 2017 – Decided July 18, 2017 Before Judges Alvarez and Manahan. On appeal from the Superior … He said, among other things: "Most of the defendants that come into this 3 A-2215-15T4 courtroom are people that … of the very type of behavior he demonstrated during the original sentencing proceeding. . . ." The judge found based …
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… Submitted May 10, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … situation, Lavin ordered R.C. to go upstairs. After R.C. complied, defendant opened the door all the way, at which … State v. Camacho, 218 N.J. 533, 554 (2014) (alteration in original) (quoting State v. Adams, 194 N.J. 186, 207 …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … submitted to induce the prosecutor to reconsider his original decision to reject defendant's PTI application. In …
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… DOCKET NO. A-4418-15T3 DANIEL SHALIT, as attorney-in- fact for MILDRED SHALIT, Plaintiff-Appellant, v. MICHAEL SHALIT, … motion for summary judgment and dismissing plaintiff's complaint. We affirm. According to plaintiff's complaint, … 3 The claims asserted by plaintiff in this case were originally brought by him as a counterclaim in a Chancery …