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… Submitted May 6, 2019 – Decided May 24, 2019 Before Judges Sabatino and Susswein. On appeal from Superior … counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … his conduct.2 The applicability of 2 In defendant's original PCR petition, he argued that at the time of the …
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… Submitted February 28, 2019 – Decided May 22, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … field sobriety tests, though Stevens smelled no alcohol coming from defendant. Stevens administered the horizontal … 449 N.J. Super. 159, 172-73 (App. Div. 2017) (alteration in original) (quoting State v. Jones, 195 N.J. Super. 119, …
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… Argued June 5, 2018 – Decided July 10, 2018 Before Judges Reisner, Mayer, and Mitterhoff On appeal from … Enrico's (plaintiffs) as to Count I of plaintiffs' Amended Complaint. We affirm. This matter arises from a collective … at 344 (quoting Owens, 20 N.J. at 348- 49)(alterations in original)]. In the instant matter, the trial court applied …
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… Submitted September 13, 2017 – Decided Before Judges Manahan and Suter. On appeal from Superior Court … photo of Edna that she sent to her paramour along with some compromising text. It was clear Edna's paramour was a client … must be presented by affidavit.'" Id. at 507 (alteration in original) (quoting Schmidt, 262 N.J. Super. at 454). …
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… Argued October 23, 2018 – Decided Before Judges Fisher, Hoffman and Firko. On appeal from … Is Not Reliable or Generally Accepted in the Scientific Community. POINT II. THERE WAS INSUFFICIENT EVIDENCE TO FIND … State v. Robertson, 228 N.J. 138, 148 (2017) (alteration in original) (quoting Johnson, 42 N.J. at 162). On a legal …
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… Argued January 26, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … in pursuit, the sergeant saw the vehicle’s brake lights come on several times without an apparent reason to stop. … 2528, 2534, 81 L. Ed. 2d 413, 422 (1984)) (alteration in original). Suppression of exculpatory evidence violates due …
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… and ELITE TITLE GROUP, LLC, WESTCOR LAND TITLE INSURANCE COMPANY, Defendants/Cross- Respondents, and TOWNSHIP OF … Argued telephonically August 1, 2019 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Ins. Co. of Am., 142 N.J. 520, 535 (1995) (alteration in original) (quoting 9 A-4431-17T3 Lanzet v. Greenberg, 126 …
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… Submitted February 7, 2019 – Decided August 22, 2019 Before Judges Whipple and DeAlmeida. NOT FOR PUBLICATION … was immaterial because there was an abysmal lack of communication from [Sara] to her children regarding the … Servs. v. R.G., 217 N.J. 527, 553 (2014) (alteration in original) (quotations omitted). "Nevertheless, the trial …
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… Argued February 6, 2019 – Decided May 14, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from … The court dismissed with prejudice Joy's amended verified complaint in which she advanced claims for unjust … a number of other issues, including her testimony about the origin of the Schwab assets and that: she was the sole owner …
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… Submitted January 23, 2019 – Decided May 13, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … on going to trial." Gaitan, 209 N.J. at 351 (alteration in original) (quoting State v. Nunez-Valdez, 200 N.J. 129, 139 …
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… TO REPEAL RULES PERMITTING BLACK BEAR HUNTING INCLUDING THE COMPREHENSIVE BLACK BEAR MANAGEMENT POLICY, N.J.A.C. … Argued March 30, 2022 – Decided June 22, 2022 Before Judges Gooden Brown and Gummer. On appeal from the New … that denial. We agree with the DEP and affirm. I. 1 The original petitioners were Robert Torricelli, The Lesniak …
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… Submitted March 21, 2022 – Decided June 23, 2022 Before Judges Rothstadt and Natali. On appeal from the … at all times. As to defendant, Irizarry testified about the completion of the confinement report for defendant and the … criminal law." Id. at ___ (slip op. at 19) (alteration in original) (quoting Sims, 250 N.J. at 211). As the Supreme …
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… Submitted June 2, 2022 – Decided June 14, 2022 Before Judges Mawla and Alvarez. On appeal from the Superior … welfare of a child, N.J.S.A. 2C:24-4(a)(1) (count two). The complaint-warrant alleged the victim M.R., then sixteen … State v. DiFrisco, 137 N.J. 434, 457 (1994) (alteration in original) (citations omitted). "[W]here the [PCR] court does …
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… Argued December 7, 2021 – Decided April 11, 2022 Before Judges Currier and Smith. On appeal from the Superior … "middle[]man" and denied using illegal drugs due to his company's drug-use policy. On September 5, 2019, a grand … as to shock the judicial conscience." [Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted January 20, 2022 – Decided April 4, 2022 Before Judges Alvarez and Mitterhoff. On appeal from the … Corbin was pummeled and "stomped" by the shooter and his companions, whom Corbin identified as a bald man, a man with … words and all of the animation, passion, or sympathy originally conveyed are again presented to the jury. It is …
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… Plaintiff claims his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a … a landowner owes increasing care depending on whether the visitor is a trespasser, licensee or social guest, or … notice of it.'" 8 A-2462-20 Ibid. (alteration in original) (quoting Sims v. City of Newark, 244 N.J. Super. …
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… Submitted April 4, 2022 – Decided April 27, 2022 Before Judges Firko and Petrillo. On appeal from the Board of … awarded to the former spouse should not be counted as income to him and should be disregarded in determining what … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Argued August 16, 2022 – Decided September 6, 2022 Before Judges Messano, Natali, and Smith. On appeal from an … to consider a petition filed by the Town of Clinton's water company (Clinton) alleging the Borough of Lebanon (Lebanon) … base course restoration" proposed by Clinton in its original plans. 3 A-2502-21 Lebanon claimed prior street …
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… Argued May 2, 2022 – Decided August 12, 2022 Before Judges Messano, Enright and Marczyk. On appeal from the … Micro Tech Training Center, and in 2011, she successfully completed EIC's Diagnostic Medical Ultrasound Technology … so as to offend the interests of justice[.]" (alteration in original) (quoting D'Agostino v. Maldonado, 216 N.J. 168, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Suter and Grall. On appeal from Division of Workers' Compensation, Department of Labor and Workforce Development, … Cunningham, supra, 386 N.J. Super. at 427-28 (alteration in original) (quoting Monaco v. Albert Maund, Inc., 17 N.J. …