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… Argued September 17, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … flow from established facts." Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). 5 A-2197-16T3 …
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… Submitted May 21, 2018 – Decided October 29, 2018 Before Judges Ostrer and Rose. On appeal from Superior Court … the illegal conduct and obtaining the evidence has become so attenuated as to dissipate the taint, the evidence … The canine indicated the presence of drugs at several points on the vehicle. Back 2 These particular facts were …
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… ______________________ Submitted June 19, 2018 – Decided Before Judges Simonelli and Koblitz. On appeal from the New … there was a substantial likelihood that defendant would commit a new crime if released on parole at that time and … to ask and answer questions and to speak on several points, and listened to his answers, as evidenced by the …
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… Submitted January 14, 2019 – Decided Before Judges Gooden Brown and Rose. On appeal from Superior … of Intent to Foreclose, plaintiff filed a foreclosure complaint on November 4, 2015. Defendants filed a contesting … or an assignment of the mortgage predating the original complaint conferred standing on the 1 Specifically, a …
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… MATTER OF THE APPEAL OF THE DENIAL OF A.M.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD (FPIC) AND … case information statement, merits brief, and all documents comprising NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … identified. As a juvenile, A.M. pled guilty to what, if committed by an adult, would constitute a crime of …
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… Submitted February 14, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … defendant were not prosecuted. Defendant filed a motion to compel admission to PTI. The prosecutor's brief in … "The fourth degree offense that defendant is charged with committing . . . does not carry a presumption against …
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… MARK KOSCINSKI, Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent. _____________________________ … Submitted January 8, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from the New Jersey Motor Vehicle Commission. Mark Koscinski, appellant pro se. Christopher S. …
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… Submitted May 24, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from Superior … Special Civil Part when plaintiff Harry Gulutz filed a complaint against his former wife Karen Gulutz to collect … December 20, 2013 that "RESERVED" decision pending the outcome of a plenary hearing on all of the six specific …
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… Argued December 11, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … his parental rights to these children before the trial commenced. The mother’s two oldest children are in the … at maintaining sobriety in the past despite successful completion of treatment programs; and (3) struggles with …
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… Argued November 28, 2017 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … prior acts of domestic violence. Plaintiff also amended her complaint on the day of trial to add the alleged predicate … order that is entered today or in the future it becomes a criminal matter prosecuted by the prosecutor's …
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… Submitted November 14, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … PER CURIAM While the parties were married, they filed cross-complaints alleging domestic violence against each other. … the entry of the FROs occurred on October 28, 2016. M.T., accompanied by his niece, went to the parties' marital home to …
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… Argued January 23, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … we find just cause for the seizure of the bag, we part company with the motion judge and conclude the search of the … considered to be in plain view if it can be seized without compromising any interest in personal privacy. Because …
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… Submitted December 11, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … that the denial of a reasonable adjournment request compelled reversal. On this point, defendant urges us to … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… Submitted February 13, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The …
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… Submitted December 14, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … 10-05-0834. Joseph E. Krakora, Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the … brief). Christopher S. Porrino, Attorney General, attorney for respondent (Carol M. Henderson, Assistant Attorney …
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… Submitted March 1, 2018 – Decided May 4, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from … acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … 19, 2016, the prosecutor responded to the ACDM's recommendation and noted his office's agreement with her …
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… Argued April 24, 2018 – Decided May 3, 2018 Before Judge Reisner, Hoffman and Gilson. On appeal from … In the summer of 2007, plaintiff filed a divorce complaint. That July, defendant obtained a temporary … A-1103-16T2 the TRO, finding defendant's domestic violence complaint "frivolous." Before the divorce was finalized, the …
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… Submitted May 21, 2018 – Decided June 12, 2018 Before Judges Rose and Firko. On appeal from Superior Court of … the pertinent facts set forth in Judge H. Matthew Curry's comprehensive written opinion denying defendant's admission … a bookkeeper at the Land of Make Believe in Hope, defendant committed multiple acts of theft from her employer, …
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… Submitted May 16, 2018 – Decided May 31, 2018 Before Judges Manahan and Suter. On appeal from Superior Court … N.J.S.A. 2C:11-3(a)(1); first-degree murder during the commission of a crime, N.J.S.A. 2C:11-3(a)(3); first-degree … for defendant's plea agreement, the State agreed to recommend a sentence of ten years in New Jersey State Prison, …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2171-17T2 BOB MEYER COMMUNITIES, INC., a New Jersey corporation, … Plaintiff-Appellant, v. OHIO CASUALTY INSURANCE COMPANY, and AMERICAN FIRE AND CASUALTY COMPANY, … Submitted April 16, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior …