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… Argued May 30, 2023 – Decided June 22, 2023 Before Judges Whipple, Mawla and Smith. On appeal from an … applicable. On appeal, the State argues the trial court committed error and that the warrantless search which led to … and took two handguns. [Id. at 1596 (first alteration in original).] 13 A-1399-22 The trial court found that like …
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… Argued December 13, 2022 – Decided April 19, 2023 Before Judges Sumners and Fisher. On appeal from the Superior … equipment from 33 Gregory Avenue–– located in a gated community and owned by Mimiamelia––no later than March 13, … of our judicial process.'" Id. at 514 (alteration in original) (emphasis omitted) (quoting State v. Tucker, 264 …
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… Submitted May 7, 2024 – Decided June 10, 2024 Before Judges Enright and Whipple. On appeal from the Superior … against defendant, alleging earlier that day, defendant committed the predicate acts of harassment, N.J.S.A. … J.D. v. M.D.F., 207 N.J. 458, 473 (2011) (alteration in original) (quoting State v. Hoffman, 149 N.J. 564, 584 …
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… Officer, THOMAS RINALDI, individually and in his NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … application for a protective order regarding a report it commissioned to investigate allegations of discrimination … on a motion for leave to appeal the order. (alteration in original). On July 12, 2023, the court denied defendant's …
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… Submitted March 13, 2024 – Decided April 9, 2024 Before Judges Accurso and Vernoia. On appeal from the Superior … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he … State v. Goodwin, 173 N.J. 583, 594 (2002) (alteration in original) (quoting State v. Afanador, 151 N.J. 41, 52 …
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… Submitted April 8, 2024 – Decided April 18, 2024 Before Judges Marczyk and Chase. On appeal from the Board of … Instead, she joined a subsequent academy class and completed her training in November 2015. While she remained … financial integrity of the [f]und.'" Ibid. (alteration in original) (quoting Chaleff v. Tchrs.' Pension & Annuity Fund …
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… Petitioners-Appellants, v. NEW JERSEY AMERICAN WATER COMPANY, Defendant-Respondent, … Submitted January 29, 2024 – Decided April 22, 2024 Before Judges Gilson and DeAlmeida. On appeal from the New … Water Co., 107 N.J. 440, 449-50 (1987)) (alterations in original). 14 A-3971-21 The Board's decisions are presumed …
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… Argued October 25, 2023 – Decided November 21, 2023 Before Judges Vernoia and Walcott-Henderson. On appeal from … from an October 21, 2022 order denying his motion to compel plaintiff to pay fifty percent of the cost of … [the mutual agreement] as written."'" Ibid. (alteration in original) (quoting Quinn, 225 N.J. at 46). "To the extent …
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… Submitted November 14, 2023 – Decided December 5, 2023 Before Judges Rose and Smith. NOT FOR PUBLICATION WITHOUT THE … 365, 387 (2012); see also Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Through the … degree of care.'" E.D.-O., 223 N.J. at 179 (alteration in original) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). A "minimum …
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… Submitted October 2, 2023 – Decided December 8, 2023 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … the Law Division's May 23, 2022, order dismissing their complaint against Golden Nugget Online Gaming, Inc. (GNOG or … that are unknown, unarisen, or unaccrued at the time of the original action." Higgins v. Thurber, 413 N.J. Super. 1, 12 …
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… Submitted September 12, 2023 – Decided December 13, 2023 Before Judges Sumners and Rose. On appeal from the Superior … him with a business venture to invest in a new 'production company.'" Id. at 2. Linda signed a contract "guaranteeing … Porter, 216 N.J. at 355 (second alteration in original) (quoting State v. Pyatt, 316 N.J. Super. 46, 51 …
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… Submitted January 30, 2024 – Decided March 8, 2024 Before Judges Mayer and Enright. On appeal from the Superior … initiated the fight because L.C. suspected D.C. "made a complaint to the [SRPD] . . . regarding commercial vehicles … at the [FERPO] hearing." Id. at 406 (second alteration in original) (quoting AOC Directive, attach. 1, Guideline …
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… Argued December 18, 2023 – Decided March 8, 2024 Before Judges Gilson and DeAlmeida. On appeal from the … gun, which was loaded with illegal ammunition. A search of computer records revealed that the gun had been reported … States v. Cortez, 449 U.S. 411, 418 (1981)) (alterations in original).] "The proper mechanism through which to explore …
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… Argued March 5, 2024 – Decided March 13, 2024 Before Judges Haas and Puglisi. On appeal from the Superior … (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … charges. The laptop was also essential to explain the origins of all three charges against defendant. It provided …
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… ____ Submitted January 30, 2024 – Decided March 13, 2024 Before Judges Gooden Brown and Puglisi. On appeal from the … which caused his death. After defendant was served with the complaint-warrant charging him with strict liability … Defense counsel did not offer any mitigating factors at the original sentencing but did ask for sentencing in accordance …
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… Submitted January 29, 2024 – Decided March 13, 2024 Before Judges Chase and Vinci. On appeal from the Superior … attacked the neighbor who came to their rescue. At his original trial, defendant advanced the theory that during … 68 N.J. 236 (1975). 3 A-3875-22 Defendant was continued on commitment status at his initial Krol hearing. Before his …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … requires us to determine whether a putative class action complaint seeking to claw back funds paid by a debtor in … was not at issue in the prior case which concerned only the original debt itself. This assertion, while perhaps …
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… Argued March 11, 2024 – Decided March 26, 2024 Before Judges Mawla and Chase. On appeal from the Superior … and was primarily used to ensure the children were completing their homework. Although the victim had never … of the material facts of the case.'" Ibid. (alteration in original) (quoting Concepcion, 111 N.J. at 379). …
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… Submitted September 11, 2023 – Decided October 19, 2023 Before Judges Gilson and Berdote Byrne. On appeal from the … that count eight be merged into count seven but the NERA component of this sentence on count eight still applied. The … O.A. between January 1989 and January 1999. NERA was originally enacted in 1997. N.J.S.A. 2C:43-7.2 (1997); L. …
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… DIVISION DOCKET NO. A-0863-22 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006- FF11, MORTGAGE … 374 N.J. Super. 271, 277 (App. Div. 2005) (alteration in original) (citing Mancini, 132 N.J. at 334) ("[A] defendant …