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- A-4283-18 Opinionnjcourts.gov… Submitted April 25, 2022 – Decided May 25, 2022 Before Judges Rose and Marczyk. On appeal from the Superior … on May 10, 2018, and thereafter filed a foreclosure complaint on July 23, 2018. Both parties subsequently filed … summary judgment. On March 20, 2019, Judge Katie A. Gummer ultimately granted Chase's motion and denied defendant's …
- A-2507-15T2 Opinionnjcourts.gov… Kimberly Green appeals the January 19, 2016 denial of community release by respondent New Jersey Department of … Community Release, administrative move back to EMCF, and ultimate denial of community release was arbitrary, … Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980)). "An appellate …
- A-5194-17T3 Opinionnjcourts.gov… Submitted May 6, 2019 – Decided July 17, 2019 Before Judges Sabatino and Susswein. On appeal from the … that (i) counsel’s assistance was not "within the range of competence demanded of attorneys in criminal cases"; and … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-1738-18T3 Opinionnjcourts.gov… Eventually, plaintiff was diagnosed with pancreatitis and compartment syndrome and required surgical intervention. He … trial judges erred by granting partial summary judgment and ultimately granting defendants' motion for a directed … for a directed verdict we look to see if "the evidence, together with the legitimate inferences therefrom, could …
- A-2408-16T1 Opinionnjcourts.gov… Submitted February 13, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … barrage of unruly and unintelligible objections and comments. The judge gave defendant every opportunity to … defendant's clear intent to undermine the trial. The judge ultimately found defendant was going to "continue his …
- A-4060-15T1 Opinionnjcourts.gov… Submitted January 8, 2018 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … in the written plea agreement, the State agreed to recommend to the court that defendant's prison term not exceed … to argue at sentencing for the minimum term of ten years. Ultimately, the 3 A-4060-15T1 judge at sentencing imposed a …
- A-4042-18T1 Opinionnjcourts.gov… S. Tashjy argued the cause for appellant. Jeffrey David Padgett, Deputy Attorney General, argued the cause the … suffered a pulmonary nerve injury due to anesthesia complications. The complications caused petitioner permanent … work-related accident started a chain of events that ultimately led to [petitioner's] disabling pulmonary injury, …
- A-0369-19T1 Opinionnjcourts.gov… opinion, Rule 2:11-3(e)(2), and add only the following few comments. 5 A-0369-19T1 Our standard of review is limited to … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and … discretionary power, such power is not unlimited and is "always judicially reviewable for arbitrariness." Trantino, 166 …
- A-5271-17T4 Opinionnjcourts.gov… issue now before us. 4 A-5271-17T4 years, ordered him to complete thirty days of community service, and ordered him … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001). Defendant has cited no …
- A-0079-17T3 Opinionnjcourts.gov… Submitted August 7, 2018 – Decided Before Judges Sabatino and Mawla. On appeal from Superior … client's risks of deportation. The record is bereft of any competent proof that such affirmative misadvice was provided … negotiated plea bargain to a third-degree offense ultimately yielded him a very favorable non-custodial …
- A-1387-18T3 Opinionnjcourts.gov… Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … indicating a moderate risk of recidivism. 1 Because Hankins committed his crimes prior to 1997, his FET, which commenced … a total of 965 days of commutation time; 368 of those days ultimately were restored. 5 A-1387-18T3 This appeal …
- A-3195-16T1 Opinionnjcourts.gov… Argued October 17, 2018 – Decided March 21, 2019 Before Judges Ostrer and Currier. On appeal from the Board of … will be cancelled in 30 days, and the member must complete a new disability application for a future … retirement." The Division also informed Williams that she ultimately bore the responsibility for submitting the …
- A-1861-18T4 Opinionnjcourts.gov… Submitted May 6, 2020 – Decided July 8, 2020 Before Judges Fisher and Gilson. On appeal from the Superior … 2C:35-3; second-degree possession of a firearm during commission of certain crimes, N.J.S.A. 2C:39-4.1(a); related … Defendant's trial counsel did not object to that ruling. Ultimately, Gephart did not testify at trial. In the PCR …
- A-5502-14T1 Opinionnjcourts.gov… – Remanded January Resubmitted July 7, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … days before trial, and the trial court did not weigh the competing interests prior to applying Rule 1:1-2 to relax … provided in discovery by defendant Egierd were accurate. Ultimately, the judge concluded, 6 A-5502-14T1 It has to be …
- A-3254-14T1 Opinionnjcourts.gov… program that allows defendants to avoid "the stigma accompanying a verdict of guilt to any criminal offense." … the events of November 30, 7 A-3254-14T1 2012, was ultimately denied after she had been placed on probation. Thus, defendant's prior criminal contacts, together with the most recent arrest, establish valid reasons …
- A-5554-14T3 Opinionnjcourts.gov… APPELLATE DIVISION DOCKET NO. A-5554-14T3 RUGIATU SESAY, Complainant-Appellant, v. BAYSHORE COMMUNITY HOSPITAL, … Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the New … supra, 109 N.J. at 588). We "will not upset an agency's ultimate determination unless the agency's decision is shown …
- A-3593-14T4 Opinionnjcourts.gov… v. Davis, 213 N.J. 396 (2013). A-3593-14T4 3 The State ultimately dismissed the robbery charge remanded for retrial … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … pulled the trigger, but the gun did not fire. After he got away, Leonard called the police and then 1 We employ the use …
- A-1101-16T1 Opinionnjcourts.gov… Argued January 23, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … sleeping accommodations to ensure his safety, which ultimately resulted in a head injury. Affirmed. … …
- A-1138-16T4 Opinionnjcourts.gov… facility staff observed plaintiff walking with a limp and complaining of pain in her leg. The notes in plaintiff's … care were substantial contributing factors that led to her ultimate injury." On August 9, 2016, Judge Susan L. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
- A-4143-18T2 Opinionnjcourts.gov… Submitted January 11, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …