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njcourts.gov
… Submitted March 7, 2022 – Decided March 16, 2022 Before Judges Fasciale and Vernoia. On appeal from the New … Department of Corrections (DOC) finding Menter guilty of committing prohibited act *.002 (assault of any person), … the phone. Walls, Mohammed, and Mihalik's statements were mostly consistent with each other and contradicted Menter's …
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njcourts.gov
… Argued March 1, 2022 – Decided March 14, 2022 Before Judges Fisher and DeAlmeida. On appeal from the … of child pornography. In exchange, the State agreed to recommend that defendant be sentenced to probation conditioned … you can do with no one looking over your shoulder, most people think. I think there's a risk that this …
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njcourts.gov
… Submitted January 10, 2022 – Decided January 31, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … in multiple previous direct and collateral appeals.2 Most recently, he moved for relief from his LWOP sentence, … N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision …
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njcourts.gov
… Argued January 19, 2022 – Decided April 5, 2022 Before Judges Fisher and Smith. NOT FOR PUBLICATION WITHOUT … infringed upon MLS's constitutional right to just compensation. We do not reach the constitutional question, … 2, 20 (2003) (highest and best use can be defined as "the most profitable" or "likely" use "at the time of the …
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7.30
Charges Document PDF
njcourts.gov
… CHARGE 7.30 –—Page 1 of 9 7.30 COMPARATIVE NEGLIGENCE (AUTO) — ALL ISSUES (Approved 6/1989; … (IF APPLICABLE) COMBINED DEFINITION OF NEGLIGENCE (7.30C) - FORESEEABILITY (IF NECESSARY ONLY) PROXIMATE CAUSE (7.30D) - … care. By a "reasonably prudent person" it is meant not the most cautious person nor one who is unusually bold, but …
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2C:11-4a
Charges Document PDF
njcourts.gov
… manifesting extreme indifference to human life. In order for you to find the defendant guilty of aggravated … is adapted from the following portion of the Code Commentary: The Code requires, however, that the risk thus … reasonable person would observe. This seems to us to be the most appropriate way to put the issue to a jury. (2 Final …
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2C:11-4b(1)
Charges Document PDF
njcourts.gov
… recklessly causes the death of another person. In order for you to find the defendant guilty of reckless … is adapted from the following portion of the Code Commentary: The Code requires, however, that the risk thus … reasonable person would observe. This seems to us to be the most appropriate way to put the issue to a jury. (2 Final …
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njcourts.gov
… personally inspected and selected by a series of individual buyers was replaced by the mass marketer. The buyer who was able to … to product liability…” N.J.S. 2A:58C-1. In other words, most of the common law developed since Henningsen remained …
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njcourts.gov
… Argued May 4, 2017 – Decided June 12, 2017 Before Judges Whipple and Mawla. On appeal from Superior Court … PTI, and on or about July 8, 2015, Essex County Probation recommended her for admission. However, the prosecutor … decision. Ibid. "Judicial review serves only to check the most egregious examples of injustice and unfairness." …
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njcourts.gov
… Plaintiff-Appellant, v. FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM COUNTY, Defendant-Respondent. Submitted … of law under Rule 4:46-2(c), we affirm. Viewed in the light most favorable to plaintiff, Templo Fuente De Vida Corp. v. … adjuster provided an estimate of damages, with a replacement cost value (RCV) of $48,997.31. Plaintiff retained …
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njcourts.gov
… Submitted September 10, 2019 – Decided Before Judges Messano and Susswein. On appeal from the Board … and was employed by the Union County Educational Services Commission from September 2000 until January 2015. Her … age-related degenerative changes with pain and discomfort mostly in the lumbar spine." She also found that Fineberg …
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njcourts.gov
… Submitted May 14, 2018 – Decided May 23, 2018 Before Judges Sabatino and Rose. On appeal from Superior Court … and the trial court had imposed a disparate sentence in comparison to his co-defendants. Defendant further contended … the court reminded defendant that he faced "close to almost a double life sentence," had he gone to trial on each …
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njcourts.gov
… Submitted October 11, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … that occurred when defendant was in the process of committing an armed robbery in a bar. He shot and killed the … with the entire trial transcript, reviewed in detail the most significant issues raised and we affirm on the basis of …
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njcourts.gov
… Argued April 3, 2019 - Decided August 6, 2019 Before Judges Accurso and Vernoia. On appeal from the Superior … and concluded that conditions were such that water coming from the pipe would freeze on the asphalt in the area … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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njcourts.gov
… Submitted March 25, 2020 – Decided April 15, 2020 Before Judges Koblitz and Whipple. On appeal from the Superior … an evidentiary hearing "should view the facts in the light most favorable to a defendant." State v. Preciose, 129 N.J. … "a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. 3 Strickland v. …
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njcourts.gov
… Submitted December 9, 2019 – Decided Before Judges Messano and Susswein. On appeal from the State … dispatched to an accident scene in response to a citizen's complaint. He arrived and saw "debris in the roadway[,]" … cherry picker was "[h]eavily damaged[,]" and the "eastbound most beam of [the bridge] . . . was bent approximately six …
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njcourts.gov
… Submitted December 17, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … from an October 3, 2018 order denying his application to compel his admission into the pre-trial intervention (PTI) … is reserved for those cases where needed 'to check [] the "most egregious examples of injustice and unfairness."'" …
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njcourts.gov
… N.J. 469, 479 (2016). The evidence is reviewed "in a light most favorable to the non-moving party," and a summary … is denied "only where the party opposing the motion has come forward with evidence that creates a genuine issue as … with its legal duty to mitigate damages by obtaining a replacement" for the parents' child for the second semester. …
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njcourts.gov
… Inc. Docket No. L-1571-15 Dear Counsel: The court has before it defendant Samsung Electronics America, Inc.’s (“Samsung”) motion to dismiss the Complaint. The plaintiff in this case, Kimberly Carlson … – during which it is mandated to view the pleadings in a most favorable light – to be parsing the plaintiff’s …
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njcourts.gov
… Submitted December 22, 2016 – Decided Before Judges Lihotz and Hoffman. On appeal from Superior … and distributing child pornography. The NJSP identified a computer with a specific IP address from which they obtained … decision. Ibid. "Judicial review serves to check only the 'most egregious examples of injustice and unfairness.'" …