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… Submitted October 29, 2024 – Decided January 6, 2025 Before Judges Gilson and Augostini. On appeal from the … and motion substantially for the reasons set forth in the comprehensive written opinion issued by Judge Edward J. … to support the conclusion 4 A-0281-22 that the crime was committed in New Jersey." Id. at 29. The Court then remanded …
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… Submitted October 17, 2024 – Decided November 1, 2024 Before Judges Mawla and Vinci. On appeal from the New Jersey … the following point for our consideration. POINT I THE COMMISSIONER OF THE [DEPARTMENT] HAD THE ABILITY TO REMEDY … if the public health emergency: (1) arises as a result of a communicable or infectious disease; and (2) results in …
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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … at 687). To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable …
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… Submitted October 11, 2018 – Decided Before Judges Accurso and Vernoia. NOT FOR PUBLICATION WITHOUT … Unit (STU) where appellants are housed pursuant to civil commitments under the Sexually Violent Predator Act, … DOC "overstepped [its] official authority" and failed to comply with N.J.S.A. 30:4-27.34(c), which provides that …
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… Submitted September 17, 2018 – Decided Before Judges Messano and Gooden Brown. On appeal from … hearing. We affirm. Defendant was initially charged in a complaint-warrant with second- degree robbery, N.J.S.A. … days in the county jail as a condition of probation as recommended by the State under the terms of the plea …
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… Submitted June 4, 2019 – Decided June 20, 2019 Before Judges Fasciale and Gooden Brown. On appeal from … to do a random license plate inquiry. He used his on-board computer system, entered the plate number, and learned that … during his testimony. First, that his motor vehicle computer system advised him defendant had a DMV violation …
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… order denying plaintiffs' motion to file a second amended complaint.1 We affirm. We discern the following facts from … May 25, 2018 order. The Case Information Statement (CIS) points to orders on May 25, 2018, March 29, 2018, February … (1998); see also R. 4:9-1 (such amendments are to be "freely given in the interest of justice"). The trial judge's …
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… Submitted April 23, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … the May 28, 2017 order denying his motion to reinstate his complaint, which had been administratively dismissed … his patently unreasonable delay in moving to reinstate his complaint, we vacate both orders and remand for …
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… Submitted April 9, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … her request that defendant pay her the $5200 sanction. She points out defendant never stated in his certification or … court must be satisfied that the party had the capacity to comply with the order and was willfully contumacious."). If …
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… Argued June 5, 2018 – Decided Before Judges Fisher and Sumners. On appeal from the Tax Court … taxes with her monthly mortgage payments to her mortgage company, which sent the payments to the Township. 4 … rejected Duncan's submission under Rule 8:7(d)3 that the Freeze Act, N.J.S.A. 54:51A-8, which protects a taxpayer by …
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… Submitted November 8, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … maintained in a safe manner. In his reply brief, plaintiff points to another unpublished decision where another panel …
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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … and one year suspended driver's license, in addition to accompanying fees. This appeal followed. Defendant raises the … N.J. 391, 419 (2004) (quoting Manalapan Realty, LP v. Twp. Committee, 140 N.J. 366, 378 (1995)). "Our courts have …
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… Submitted September 20, 2018 – Decided Before Judges Fuentes and Vernoia. On appeal from Superior … for them. In June 2017, the Division filed a guardianship complaint seeking the termination of Kathy's parental rights … of the Division, and directing that Martin attend 2 The complaint also sought the termination of M.J. 's parental …
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… Submitted September 13, 2018 - Decided Before Judges Koblitz and Mayer. On appeal from Superior Court … old, N.J.S.A. 2C:14-2(b). 3 A-0928-16T3 responses were compiled in a written transcript, with the English … specifically, defendant's videotaped interview and accompanying English translation of the interview, the judge …
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… Submitted September 12, 2018 – Decided Before Judges Sumners and Mitterhoff. On appeal from the Board … retirement (ADR) benefits by the amount of workers' compensation settlement proceeds he received after the … had distinct qualifying injuries for the ADR and workers' compensation settlement, we conclude the statute requires an …
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… Submitted November 29, 2018 – Decided Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … On May 12, 2017, the police sought and were granted a communications data warrant (CDW) to search defendant's … N.J.S.A. 2C:15-1(a)(2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(2); …
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… Submitted May 2, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… Submitted September 6, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … suspension resulting from the violation, the defendant commits a violation of N.J.S.A. 2C:40- 26(b). There is …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … petition should be accepted as timely because he did not become aware that he was subject to deportation until June 13, … Following oral argument, Judge Ronald Reisner rendered a comprehensive thirty-seven page written decision denying …
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… Submitted September 26, 2017 – Decided Before Judges Leone and Mawla. On appeal from Superior Court … statement because he dropped the bag or because he was uncomfortable in police presence. Our standard of review on a … of property does not constitute abandonment. He points to Rios v. United States, 364 U.S. 253, 80 S. Ct. …