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… Respondent. Submitted January 28, 2019 – Decided Before Judges Fasciale and Rose. On appeal from the New Jersey … from the record before the DOC. S.H. was involuntarily committed under the Sexually Violent Predator Act (SVPA), … term "correctional facility" [on the forms] does not in any way indicate that you are an "inmate" nor does it deny you …
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… Argued May 15, 2018 – Decided August 14, 2018 Before Judges Sumners and Natali. On appeal from the New Jersey Commissioner of Education, Agency Docket No. 146-6/15. … and comes into play only if tenure rights are reduced by way of dismissal or reduction in . . . benefits." Carpenito …
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… Argued December 4, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from the Board of … receiving benefits equal to fifty-nine percent of his final compensation, based on twenty-three years of PFRS service … time limitations, as occurred here, "would . . . go a long way toward protecting due-process rights." 127 N.J. at 590; …
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… with a Notice of Intent to Foreclose, plaintiff filed a complaint in August 2015. Fenner filed an answer, raising … failure to assert any relevant objection cleared the way for entry of the final judgment of foreclosure. The … judgment. The court determined there was no basis to revisit the summary judgment order. The court found Fenner …
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… Submitted October 31, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … Defendant applied to PTI and the PTI program director recommended he be admitted.2 The Prosecutor's Office, in a … and "[could] not consider [factor (6)] in any meaningful way." 5 The prosecutor indicated defendant did not have any …
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… a.m. Police Officer Robert Meszaros found the victim had communicated by text with an individual named "MAT" the … At trial, defendant testified that he and the victim together went to see Toot, who sold each of them heroin on … victim back to his mother's house. The father was too far away to identify the other man. On this appeal, defendant …
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… Argued January 10, 2018 – Decided Before Judges Alvarez and Currier. On appeal from the Board of … normal. In March 2012, petitioner underwent a surgical decompression of his right radial nerve. In June, he was … that the agency is charged with enforcing[,]" we are "in no way bound by the agency's interpretation of a statute or its …
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… Defendant-Appellant. Argued January 10, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … assistance of counsel. Thus, they should be resolved by way of a post- conviction relief application, not on direct … Miranda hearing, counsel said he wanted the statement to come in, but had concerns regarding differences in the …
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… Submitted April 24, 2018 – Decided Before Judges Reisner and Gilson. On appeal from Superior … the victim and then saw defendant quickly move his hands away from the vicinity of the victim's breast. Defendant then … 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury …
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… not in its Individual Capacity, but Solely as Trustee for BCAT 2015-14ATT, Plaintiff-Respondent, v. JUNG HEE CHOI, … LLC, ASSIGNEE CHASE BANK USA NA; MILES, INC.; MORRISON & COMPANY, PA; PNC BANK, NA; SEOULBANK; SINA INTERNATIONAL … evidence to rebut any of Plaintiff's figures," or in any way show they were incorrect. He specifically rejected …
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… Submitted May 1, 2019 – Decided May 22, 2019 Before Judges Koblitz and Currier. On appeal from Superior … appellate counsel was ineffective in failing to provide a complete record of the trial proceedings in the direct … that trial . . . or appellate counsel represented him in a way that would suggest they acted outside the wide spectrum …
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… Submitted May 8, 2019 – Decided May 30, 2019 Before Judges Currier and Mayer. On appeal from Superior Court … the petition within one year from when one of these grounds commenced. Its time limitation "shall not be relaxed, except … Super. 284, 293 (App. Div. 2018) (noting that in 2010, by way of amendments, the "Supreme Court made clear that the …
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… IZAAC FRAZIER, TURTLE WEBB, NASIA WEBB, and LAMAR OXFORD, Defendant-Appellant. _____________________________ … R. 2:11-3(e)(2), and affirm. We add only a few brief comments. As for defendant's first three points, some … tactic for defense counsel to decline to stand in the way of this statement's admission. Lastly, in his fourth …
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… Submitted March 7, 2019 – Decided April 5, 2019 Before Judges Simonelli and Firko. On appeal from Superior … in the Superior Court. Defendant decided to proceed by way of Accusation and agreed to enter an unconditional … by auto and DWI charges. In exchange, the State agreed to recommend a fourteen-month term of imprisonment and to dismiss …
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… Submitted March 25, 2019 – Decided April 4, 2019 Before Judges Sabatino and Haas. On appeal from Superior Court … alleged that during his first and second trials, the State committed a "Brady1 violation" by failing to disclose a … the jury's verdict if a new trial were granted.'" State v. Ways, 180 N.J. 171, 187 (2004) (quoting State v. Carter, 85 …
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… Submitted May 2, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … Rojas, and Tania Mena (collectively plaintiffs), filed a complaint against defendants alleging violations of the New … the file. But plaintiff[s'] counsel have gone out of their way to notice them, to try to contact them and despite all …
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… denying his motion for summary judgment and dismissing his complaint with prejudice. Plaintiff had risen to the rank of … matter of police officer promotions, they must be read together in an effort to give meaning and effect to both of … Beim v. Hulfish, 216 N.J. 484, 498 (2014)). "Put another way, in interpreting the plain terms of a statute, a court …
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… failed to meet "his burden of presenting sufficient competent and credible evidence of facts essential to his … mat. The mat consisted of several sections all joined together by duct tape. Just before his injury, petitioner was … that a seam in a mat held together by duct tape, won't give way if one moves from a seated position to a standing …
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… endangering the welfare of a child by distributing, on a computer, a photo of a child engaged in a sexual act. … in the record"). When the State procures information by way of a subpoena as a part of a grand jury investigation, … N.J. at 34-35.] The State is not required to provide the target of its investigation with notice of the subpoena. Reid, …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4833-14T4 MEDFORD LAKES COLONY CLUB t/a MEDFORD LAKES COLONY, … of the dock, but had not finished the job when Maida complained to the police. The dispute quickly landed in … (stating equity may enjoin a continuing trespass). The only way the Club can restore its property rights is to remove …