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… Argued September 26, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … STOP THE FIRST 1 The numbered counts refer to those in the original indictment. The numbers were changed on each … CREDIBILITY IN BOTH TRIALS. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT ADMITTED EVIDENCE, …
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… Argued telephonically February 12, 2019 – Decided Before Judges Hoffman, Suter and Geiger. On appeal from the … at Hudson City spanned thirty-six years, beginning in 1975. Commencing in 1981, she reported to Michael Lee, then a … among the various categories, their race, creed, national origin, color, or sex. LAD specifically prohibits an …
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… Argued April 2, 2019 – Decided July 11, 2019 Before Judges Yannotti, Rothstadt and Natali. On appeal from … THE JURY INSTRUCTIONS ON SELF-DEFENSE WERE FATALLY INCOMPLETE. POINT II DEFENDANT'S CONVICTION MUST BE REVERSED[] … State v. Camacho, 218 N.J. 533, 554 (2014) (alteration in original) (quoting State v. Adams, 194 N.J. 186, 207 …
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… Submitted January 25, 2021 – Decided March 23, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … counts that were charged in an indictment alleging that he committed various acts of sexual assault and related crimes … and voluntary." Id. at __ (slip op. at 16) (alteration in original) (quoting State v. A.M., 237 N.J. 384, 397 (2019)). …
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… Submitted March 23, 2021 – Decided April 23, 2021 Before Judges Yannotti, Mawla and Natali. On appeal from the … Filipe Afonso was in an unmarked vehicle. He was accompanied by Sergeant William Mannix, the driver of the … Ibid. The court also must consider "whether the original jurors had formed opinions about the case in the …
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… Submitted September 21, 2020 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the … PER CURIAM Plaintiffs Academy Hill Inc. (Academy Hill), a commercial real estate developer, and Merrick Wilson, its … of Montclair, 221 N.J. 536, 551-52 (2015) (alteration in original) (quoting Wyzykowski v. Rizas, 132 N.J. 509, 523 …
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… and HARLEYSVILLE GROUP, INC., HARLEYSVILLE INSURANCE COMPANY, and FARMERS MUTUAL FIRE INSURANCE NOT FOR … that LSRPs typically determine whether contamination originated on or off site. The court qualified Hopkins as an … be qualified later. But, the court did not expressly revisit the issue of Hopkins's qualifications to opine about …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was arrested in Camden on January 1, 2017, and charged in a complaint-warrant with: second-degree illegal possession of … Doe v. Poritz, 142 N.J. 1, 99 (1995) (alteration in original) (quoting Greenberg v. Kimmelman, 99 N.J. 552, 568 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … search of a person who has been "detained or arrested for commission of an offense other than a crime" unless the … S. Ct. at 2138-39, 124 L. Ed. 2d at 347-48 (alterations in original) (citations omitted).] Similarly, we find the …
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… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … Act (CEPA), N.J.S.A. 34:19-1 to -8, an employee who becomes the victim of employer retaliation for engaging in … The definition of “[r]etaliatory action” remains in its original form, but the scope of protected activities has …
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… Submitted January 31, 2022 – Decided August 9, 2022 Before Judges Messano and Rose. NOT FOR PUBLICATION WITHOUT … Kareem 1 According to the State, a "hood gun" is a "community gun." See N.J.S.A. 2C:39-4(a)(2) (defining a … with the case file in his desk drawer but did "not put the original in evidence" in accordance with formal procedure. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … victim in the head during a drug transaction, a murder he committed when he was sixteen years old. After merger, the … of his prior statement for impeachment." Ibid. (emphasis in original). These circumstances are not likely to occur, "or …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … A.M. because information contained in a petition for compassionate release under N.J.S.A. 30:4-123.51e, and … whether there is a change in circumstances since the original sentence; the "severity of the crime"; "the …
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… Defendant/Fourth- Party Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … his answer, Haroldson filed a counterclaim and third-party complaint,1 asserting various claims, including legal … to be 7 A-2909-17T2 threatening," thus proving the four original disciplinary charges. While the judge acknowledged …
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… Submitted January 13, 2020 – Decided May 1, 2020 Before Judges Fasciale and Moynihan. On appeal from the … THEIR TESTIMONY DID NOT MEET THE REQUIREMENTS OF THE FRESH-COMPLAINT EXCEPTION TO THE HEARSAY RULE. [POINT II] … involving adults. '" W.B., 205 N.J. at 618 (alteration in original) (quoting State v. L.P., 352 N.J. Super. 369, 382 …
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… telephonically June 3, 2020 – Decided August 4, 2020 Before Judges Koblitz, Gooden Brown, and Mawla. On appeal from … victim in his statement, at trial, his defense was that he committed passion/provocation manslaughter, not murder. On … have reached."'" Baum, 224 N.J. 147, 159 (alterations in original) (quoting State v. Lazo, 209 N.J. 9, 26 (2012)); …
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… Argued February 3, 2020 – Decided Before Judges Sabatino, Geiger and Natali. On appeal from the … aspect of [an LDA award] be preserved." Ibid. To overcome that presumption, a recipient seeking to extend the alimony term must demonstrate that the LDA had been originally intended to serve as "a substitute for permanent …
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… Submitted March 30, 2020 – Decided June 17, 2020 Before Judges Fasciale and Moynihan. On appeal from the … of his live-in paramour's daughter, Valerie,1 and his concomitant aggregate sentence of life imprisonment, subject to … Id. at 694. [184 N.J. 307, 318-19 (2005) (alterations in original).] According the presumption that counsel's conduct …
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… Submitted October 28, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … TO SATISFY THE STANDARDS OF STATE V. GROSS.1 POINT III COMMENTS MADE BY THE PROSECUTOR DURING HIS SUMMATION … Harris, 209 N.J. at 439 (alteration in 19 A-5491-16T1 original) (quoting State v. Brown, 170 N.J. 138, 147 …
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… Argued October 28, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … 2017 judgment of conviction and sentence for conspiracy to commit first-degree robbery, third-degree possession of a … requires the State to prove that the firearm at issue was "originally designed or manufactured to fire or eject any …