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… Submitted December 17, 2024 – Decided January 6, 2025 Before Judges Smith and Chase. On appeal from the Superior … rate." Litton, 200 N.J. at 386. The lodestar amount "is the most significant element in the award of a reasonable fee … the reasonableness of the hourly rate, the court must compute the rate to that of similar services for lawyers of …
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… Submitted December 4, 2018 – Decided Before Judges Fisher and Firko. On appeal from Superior Court … members determined "that a period of incarceration would most likely be . . . beneficial" because it "would keep … from drugs and alcohol." She claimed that this "idea" was "communicated" to the retained attorney, that the family "and …
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… Submitted October 16, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … was ineffective for failing to object to the prosecutor's comments and to the lack of written instructions on … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted May 15, 2019 – Decided Before Judges Alvarez and Nugent. On appeal from the Superior … N.J.S.A. 2C:43-6(c); L. 1981, c.31. 4 A-5513-17T3 issued a "comprehensive unpublished opinion" denying defendant's first … corpus, two motions to correct his sentence, and appeals on most of these proceedings. Judge Arthur J. Batista denied …
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… Submitted March 22, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … On February 18, 2016, plaintiff filed its foreclosure complaint, and defendants filed an answer and counterclaim, … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… ROMAN SECURITY AGENCY, LLC, A New Jersey Limited Liability Company, Defendants, and IRVINGTON LIBRARY BOARD a/k/a … Argued March 20, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 378 (1995). We therefore look at the facts in the light most favorable to plaintiff. Brill v. Guardian Life Ins. Co. …
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… Submitted October 24, 2017 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … 12-02-0452. Joseph E. Krakora, Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the … hearing, the PCR court must consider the facts in the light most favorable to the defendant to determine if a defendant …
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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … conviction, after a guilty plea, to fourth-degree violating community supervision for life (CSL) by possessing alcohol. … violations posed a "risk of harm to society," which is the "most important" consideration in a triviality analysis under …
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… Submitted April 17, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … I DEFENDANT FORF[E]ITED THE RIGHT TO PLEAD AGAINST THE COMPLAINT BY FAILING TO PLEAD AND AS A RESULT ABANDONED HIS … he found that the underlying case "has no value to it." And most importantly, he found that plaintiff's testimony was …
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… Submitted May 15, 2018 – Decided May 24, 2018 Before Judges Fisher and Natali. On appeal from Superior Court … was charged with fifteen counts of criminal offenses, the most serious being first-degree robbery. By motion, NOT FOR … petition for certification, 217 N.J. 588 (2014). In complying with our mandate, the trial judge resentenced …
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… Submitted February 6, 2019 – Decided March 12, 2019 Before Judges Nugent and Reisner. On appeal from Superior … that the trial judge properly dismissed plaintiffs' complaint at the close of their presentation of evidence to … N.J. Super. 155, 164 (App. Div. 2011).3 Even viewed in the most favorable light, the evidence plaintiffs presented did …
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… Submitted May 16, 2019 – Decided June 27, 2019 Before Judges Simonelli and Whipple. On appeal from the … filed a notice of tort claim, and on July 9, 2015, filed a complaint in the Law Division against the DOC. The DOC moved … R. 4:46-2(c)). The evidence must be viewed "in the light most favorable to the non-moving party[.]" Mem'l Props., LLC …
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… Submitted May 13, 2019 – Decided May 22, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … Following a 1987 jury trial, defendant was found guilty of most of the counts of the indictment but not guilty of … State v. Randolph, 210 N.J. 330, 350 (2012). Defendant also complains that Judge Delaney did not address his assertion …
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… IN THE MATTER OF THE DENIAL OF THOMAS TEDESCO'S REQUEST FOR A SECOND AND/OR DUPLICATE FIREARMS PURCHASER … and instructed Tedesco to exit the bathroom. He eventually complied and the police arrested him. Tedesco later admitted … Epstein, 115 N.J. 599, 607 (1989)). Where the evidence is mostly testimonial and involves questions of credibility, 5 …
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… Argued November 8, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from the … REGISTER AS A SEX OFFENDER IN NEW JERSEY FOR AN OFFENSE SHE COMMITTED IN TEXAS THAT DID NOT REQUIRE SEX-OFFENDER … Div. 1974) (explaining that "law of the case" doctrine most commonly applies to the binding nature of appellate …
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… Submitted March 30, 2017 – Decided Before Judges Lihotz and Hoffman. On appeal from Superior … On cross-examination, however, she acknowledged attending "most days" of defendant's trial and knowing defendant … 2015, Judge Galis-Menendez entered an order denying PCR, accompanied by a nineteen-page written opinion. The judge 4 …
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… Submitted March 8, 2017 – Decided March 9, 20172 Before Judges Reisner and Rothstadt. On appeal from the … trial court's response to discovery issues should seek to accommodate both interests. See N.J.S.A. 2A:162-15. Hence, we … ordering a remand is that the judge's decision focused almost entirely on the weight of the evidence issue and did …
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… Submitted April 24, 2017 – Decided Before Judges Sabatino and Geiger. On appeal from the New … became eligible for parole for the first time since his most recent parole violation in 2013. At his initial … panel for a hearing. A two-member panel of the Board recommended that appellant be denied parole and he receive a …
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… Submitted October 12, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … of the evidence, but only with its existence, viewed most favorably to the State." State v. DeRoxtro, 327 N.J. … threats. 4 A-0566-16T3 A person who "threatens to commit any crime of violence with the purpose to terrorize …
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… Submitted January 25, 2021 – Decided February 10, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … spoke to him three times prior to the guilty plea and was accompanied only once by a Spanish interpreter. Although … Ironson concluded that "viewing these facts in a light most favorable to the defendant, the proofs fail to …