njcourts.gov
… Submitted January 27, 2020 – Decided May 1, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … the proper language for a certification in lieu of oath, in compliance with Rule 1:4- 4(b), appeared above T.M.'s …
njcourts.gov
… Submitted February 13, 2020 – Decided April 29, 2020 Before Judges Nugent and Suter. On appeal from the Superior … PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that …
njcourts.gov
… Submitted March 25, 2020 – Decided April 28, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2013-2273 and 2013-2274. Shirley … Attorney General, attorney for respondent Civil Service Commission (Dominic Larue Giova, Deputy Attorney General, on …
njcourts.gov
… argued June 17, 2020 – Decided July 23, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … As part of that plea agreement, the State agreed to recommend that the twelve other charges against defendant be …
njcourts.gov
… Submitted January 27, 2020 – Decided March 2, 2020 Before Judges Geiger and Natali. On appeal from the Superior … 2018 Family Part order denying her post-judgment motion to compel plaintiff Lawrence R. Berkowitz to contribute to … and cross-appeal followed. Defendant raises the following points: I. THE TRIAL COURT ABUSED ITS DISCRETION IN FAILING …
njcourts.gov
… Submitted December 19, 2019 – Decided Before Judges Nugent and DeAlmeida. On appeal from the … for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go …
njcourts.gov
… Submitted February 4, 2020 – Decided March 16, 2020 Before Judges Yannotti and Currier. On appeal from the New … found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned …
njcourts.gov
… MATTER OF THE APPEAL OF THE DENIAL OF F.E.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD. Submitted … Unit for more than ten years. In 2016, F.E. applied to become a police officer with the Oakland Police Department. … basis analysis, and violates Due Process. As the State points out, F.E. did not raise this constitutional argument …
njcourts.gov
… Argued October 7, 2019 – Decided January 14, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes …
njcourts.gov
… Submitted February 2, 2021 – Decided April 30, 2021 Before Judges Fisher, Moynihan and Gummer. On appeal from the … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in his own behalf, appeals from an order dismissing his complaint against defendants Mark Tress and Cedar Holdings … chastised plaintiff for his discourtesy and dismissed the complaint. We affirm; not because plaintiff was discourteous …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … F. Figueroa were indicted for second-degree conspiracy to commit robbery, first- degree robbery, second-degree … morning, the court excused everyone with the direction to come back in the afternoon in order to finalize and execute …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ANNUCCI, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. _____________________________ … In both appeals, State Farm raises the following identical points for our consideration: POINT I THE TRIAL JUDGE …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46a. Appellants allege they should not be compelled to contribute to the cost of their health benefits …
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… Submitted December 13, 2021 – Decided December 29, 2021 Before Judges Messano and Rose. On appeal from the Superior … a grading system, Estil was assessed the maximum of sixteen points, requiring his termination. After further … of the award – Estil's retained counsel filed a verified complaint against NJT in the Law Division, seeking to vacate …
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… Argued November 29, 2021 – Decided December 13, 2021 Before Judges Sabatino and Natali. On appeal from the Superior … approaching defendant's car, Sergeant Scanielo searched a computer database and learned that defendant's vehicle … the traffic stop and thereby infringed unduly on his freedom of movement.3 The State, in turn, argued that …
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… APPELLATE DIVISION DOCKET NO. A-0381-19 75 PROSPECT HOLDING COMPANY, LLC, Plaintiff-Appellant, v. CITY OF EAST ORANGE … Submitted November 4, 2021 – Decided December 9, 2021 Before Judges Hoffman, Suter, and Susswein. On appeal from the … N.J. 536, 551 (2015); Witt v. Gloucester Cty. Bd. of Chosen Freeholders, 94 N.J. 422, 430 (1983). The 8 A-0381-19 burden …
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… Submitted October 7, 2021 – Decided February 1, 2022 Before Judges Haas and Mitterhoff. NOT FOR PUBLICATION WITHOUT … J.F. appeals from an April 14, 2020 order finding that he committed an act of sexual abuse against his stepdaughter, … On appeal, defendant argues that the trial court committed procedural errors in conducting the victim's in …
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… Argued October 28, 2020 – Decided June 28, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … N.J.S.A. 2C:24-4(a). On or about May 21, 2013, another complaint was issued that charged defendant with an …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the point that you could return to employment and thereby comply with the provisions of N.J.S.A. 43:15A-22. The Bureau … is limited. Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of …