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… Submitted March 9, 2021 – Decided March 25, 2021 Before Judges Haas and Mawla. On appeal from the Superior … N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another offense; N.J.S.A. 2C:44-1(a)(6), the extent … . . . 7 A-0903-20 . . . The change of circumstances most likely to have occurred between the sentencing and the …
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… Argued March 1, 2021 – Decided March 18, 2021 Before Judges Fasciale and Mayer. On appeal from an … body language and the officer's awareness that weapons were commonly found in the area. Defendant responded the … firearms are as much 'tools of the trade' as are most commonly recognized articles of narcotics …
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… 8, 2020 Argued March 3, 2021 – Decided May 6, 2021 Before Judges Alvarez, Sumners and Geiger. On appeal from the … v. J.L.G., 234 N.J. 265 (2018), the Child Sexual Abuse Accommodation Syndrome (CSAAS) expert testimony prejudiced his … Court's decision in J.L.G., 234 N.J. at 272, which for the most part, barred the admission of expert testimony about …
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… Submitted February 13, 2020 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … in it and was moist. A plumber determined the leak was coming from a "rotted connection" in the drain line from the … question is whether the evidence, when viewed in a light most favorable to the non-moving party, raises genuinely …
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… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … Juror #3 testified that he worked for a landscaping company and received referrals from a landscape architect. … "right to be tried before an impartial jury is one of the most basic guarantees of a fair trial." State v. Loftin, 191 …
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… Submitted January 21, 2020 – Decided April 13, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … Special Civil Part orders dismissing her small claims compliant against defendant Michael Pogorzhelsky d/b/a … claims she made a more thorough inspection which showed: most of the patio had not been lifted; the patio, patio gate …
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… Submitted May 13, 2020 – Decided June 5, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … Gwendolyn Blue's cogent and well-reasoned oral opinion accompanying the order. We incorporate herein the facts set … had been residing with his father "off and on for almost a year." However, defendant resented his father because …
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… Submitted May 20, 2020 – Decided June 3, 2020 Before Judges Haas and Mayer. On appeal from the Board of … terminated Hornick from this position for conduct unbecoming a public employee and neglect of duty. Specifically, … he was sworn to serve show[ed] a blatant disregard for the most basic responsibilities of a firefighter." Hornick II, …
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… obtained an FRO prohibiting him from having any contact or communication with her. In June 2017, the court amended the … law, in rules of evidence and the like. And so, in fact, most of the lawyers that appear before me today are not 4 … JUDGE GRAMICCIONI ERRED IN NOT APPOINTING MR. CIMINO TO REPLACE DEFENDANT AS COUNSEL. THE COURT STATED THAT IF SHE …
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… Submitted January 23, 2020 – Decided Before Judges Koblitz and Gooden Brown. On appeal from the … 06-05-0485. Joseph E. Krakora, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the … the PCR judge must consider the facts "in the light most favorable to [the] defendant." Jones, 219 N.J. at 302. …
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… Submitted November 16, 2020 - Decided Before Judges Rothstadt and Mayer. On appeal from the Superior … against defendant. In addition, the State agreed to recommend defendant be sentenced to six years, with a minimum … the PCR [judge] must consider the facts in the light most favorable to the defendant to determine whether …
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… Submitted September 30, 2020 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … 294 (App. Div. 2016), and viewing "the facts in the light most favorable to defendant," Preciose, 129 N.J. at 463, we … credits," and that issue was muddled by defense counsel's comments that defendant was "looking [at] over 600 days" of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2920-18T1 COMMERCE LIMITED PARTNERSHIP #9326, Plaintiff-Appellant, v. … Submitted January 29, 2020 – Decided Before Judges Mayer and Enright. On appeal from the Superior … financial statements "for the three fiscal annual periods most recently ended prior to the date of [plaintiff's] …
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… Submitted December 9, 2019 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … H.M.S. was released from prison on March 24, 2006. After completing her parole, she satisfied all her fines by February 24, 2009. Almost ten years later, in September 2018, H.M.S. petitioned …
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… OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED … plaintiff's certification in support of summary judgment complied with the requirements of Rule 1:6-6. On appeal, … inferences that can be drawn from those facts "in the light most favorable to the non-moving party" to decide whether …
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… Submitted December 11, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … victim died as the result of his conduct. 3 A-5325-16T2 recommend that the judge sentence defendant to a twenty-year … presented at trial. Therefore, we need only recite the most salient facts related to the issues raised on appeal. …
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… Submitted December 4, 2019 - Decided Before Judges Koblitz and Mawla. On appeal from the Superior … "that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … the PCR judge must consider the facts in the light most favorable to the defendant. Jones, 219 N.J. at 302. The …
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… Submitted November 6, 2019 – Decided Before Judges Accurso and Gilson. On appeal from the Superior … for further proceedings. I. The record presented to us is incomplete. The mother submitted some, but not all, orders … father under docket number FV-04-1059-17 (the DV matter). Most of the orders provided to us were entered in the DV …
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… Submitted October 22, 2019 – Decided Before Judges Currier and Firko. On appeal from the New Jersey … has made daily calls and multiple letter requests to UBS[,] most recently on June 30, 2017 and July 3, 2017. After … would be denied if the requested information was not forthcoming, and a new application would have to be submitted. On …
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… Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … pro se. Esther Suarez, Hudson County Prosecutor, attorney for respondent (Stephanie Davis Elson, Assistant Prosecutor, … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …