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… Submitted January 13, 2021 – Decided June 17, 2021 Before Judges Accurso and Enright. On appeal from the Superior … A.D. and D.D., appeals from an order dismissing her complaint against defendant Donald R. Ayusa and Campbell's … court mistakenly exercised its discretion in dismissing the complaint with prejudice, we reverse. This case arose out of …
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… Submitted December 6, 2021 – Decided December 15, 2021 Before Judges Fasciale and Sumners. On appeal from the … 16, 2020 order granting defendants' "motion to dismiss the complaint in lieu of [filing an] answer." Judge Mary F. … 128 N.J. 250, 261 (1992). We must "consider whether the competent evidential materials presented, when viewed in the …
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… Submitted January 3, 2022 – Decided January 19, 2022 Before Judges Accurso and Enright. On appeal from the Superior … 3:21-10(b) because of a mistaken belief defendant had not completed his mandatory period of parole ineligibility by … a Rule 3:21-10(b) exception applied, because defendant had completed his mandatory minimum sentence by April 2020, when …
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… Submitted May 10, 2022 – Decided June 15, 2022 Before Judges Fisher and Currier. On appeal from the Superior … certain consequences under Megan's Law, one of which was "community supervision for life." The prosecutor corrected … sexual assault charge in the 2009 accusation. The State recommended a suspended sentence for five years. During the …
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… Submitted March 29, 2022 – Decided August 18, 2022 Before Judges Smith and Berdote Byrne. On appeal from the … from defendant for some weeks. After contentious email communications between the parties, on August 18 plaintiff … we decline to address it now. We take plaintiff's next two points together. Plaintiff argues that the trial court had …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … multi-apartment dwellings.” The officers then searched the common areas for weapons and the suspect. Estevez and … that while he was standing in the doorway, still in the common hallway, he looked into defendant’s room as defendant …
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… Argued December 5, 2018 – Decided Before Judges Reisner and Mawla. On appeal from Superior Court … denying its motion for summary judgment, and dismissing its complaint against defendants Imad Mirza and Cape Regional … (2011). In this case, we conclude that barring plaintiff's complaint under the entire controversy doctrine gave …
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… Argued November 7, 2018 – Decided November Before Judges Fisher and Geiger. On appeal from Superior Court … in a written opinion. R. 2:11-3(e)(2). We add only a few comments. Defendant first argues that the presence of his … a reasonable doubt such object had been touched during the commission of the crime." State v. Watson, 224 N.J. Super. …
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… Submitted January 29, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … and second-degree aggravated assault, and conspiracy to commit robbery. Defendant and several cohorts attacked a man … he did not adequately advise him about a plea offer; he recommended that he not testify in his own defense; and he did …
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… Submitted May 10, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … eligible to file a petition for expungement following the completion of the sentence. On August 14, 2013, the … makes the punishment of a crime more burdensome after its commission; or (3) deprives a defendant of a defense that …
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… Submitted May 8, 2018 – Decided Before Judges Fisher and Fasciale. On appeal from Superior … Family Part, Essex County, Docket No. FG-07-0156-17. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 2:11-3(e)(1)(E), and affirm. We add only the following few comments. Parents have a constitutionally-protected right to …
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… Argued April 16, 2018 – Decided May 11, 2018 Before Judges Messano and O'Connor. On appeal from Superior … from a Family Part order denying his request for a judgment compelling defendant NOT FOR PUBLICATION WITHOUT THE … to her, and related relief. We affirm. I In plaintiff's complaint, he alleged the parties cohabited for a period, …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … without an evidentiary hearing for reasons expressed in a comprehensive written opinion. The judge properly set forth … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… Submitted April 10, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … 14-02-0304. Joseph E. Krakora, Public Defender, attorney for appellant (Stephen W. Kirsch, Assistant Deputy Public … on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Frank Muroski, Deputy Attorney General, of …
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… Submitted March 20, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … years in prison. Defendant claims he did not receive the recommended sentence of NOT FOR PUBLICATION WITHOUT THE … In accordance with the plea agreement, the State would recommend a sentence of seven years in prison with forty-two …
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… Submitted March 15, 2018 – Decided Before Judges Simonelli and Haas. On appeal from Superior … told him prior to the trial that the State had offered to recommend a fifteen-year prison term if he agreed to plead … without conducting an evidentiary hearing to evaluate the competing certifications. We reversed and remanded for an …
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… BOARD, Respondent. Argued February 7, 2018 - Decided Before Judges Fuentes, Koblitz and Suter. On appeal from the Local Finance Board, Department of Community Affairs. Jeffrey S. Feld, appellant, argued the … City Council inadvertently approved the budget without an accompanying ordinance to exceed appropriation limits (known …
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… Argued March 5, 2018 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … $10,000. Baglivo hired another construction manager to complete 3 A-2444-16T1 the work. Baglivo estimated it cost … him "roughly $86,000" to have the replacement contractor complete the job. At the non-jury trial, Selco presented …
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… Submitted February 7, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … was ineffective in advising him to reject all plea recommendations, and failing to object to certain issues … to several witnesses, failed to object to prejudicial comments made by the State during summation, and failed to …
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… DOLORES SMYTHE and CHRISTINA CUNNINGHAM (Power of Attorney for Dolores Smythe), Plaintiffs-Appellants, v. WESTINGHOUSE … and on the brief). Respondent Infinity Home Mortgage Company has not filed a brief. PER CURIAM NOT FOR … Fraud Act (CFA)1 claims against defendant Infinity Mortgage Company with prejudice. We agree with plaintiff's argument …