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… Submitted May 28, 2024 – Decided June 13, 2024 Before Judges Paganelli and Whipple. On appeal from the … we "held that the argument was without merit and did not comment any further." Nonetheless, the judge concluded the … assistance of counsel.'" Id. at 550 (second alteration in original) (quoting Strickland, 466 U.S. at 685-86). To …
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… will. In September 2019, Perialis filed a verified complaint seeking to admit Yorkowitz's handwritten codicil , … 416 N.J. Super. 298, 313 (App. Div. 2010) (alteration in original) (quoting In re Reisdorf, 80 N.J. 319, 326 (1979)). … his or her opinion." Ibid. To be sure, a trial court may revisit its prior interlocutory decisions. "[W]here . . . …
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… Argued September 17, 2024 – Decided October 11, 2024 Before Judges Gilson and Firko. On appeal from an … two counts of second-degree possession of a firearm while committing a controlled dangerous substance crime, N.J.S.A. … Cnty. Prosecutor, 171 N.J. 561, 571 (2002)) (alterations in original). "When examining a trial court's exercise of …
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… Argued September 18, 2024 – Decided October 15, 2024 Before Judges Marczyk and Paganelli. On appeal from the … PSSA were based on defendant's average annual gross income of approximately $200,000 from his ownership of A.A. … any claim of impartiality based on the reviewing judge's original findings, including credibility, and legal …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, a/k/a NEDAL IBARRA, NEDAL NASRALLAH, and NEDAL … Submitted October 3, 2023 – Decided November 15, 2023 Before Judges Rose and Perez Friscia. On appeal from the … hearings are needed," defendant urges us to exercise original jurisdiction under Rule 2:10-5, grant PCR, and …
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… Argued October 31, 2023 – Decided November 16, 2023 Before Judges Rose and Perez Friscia. On appeal from the … "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted … adulthood.'" 249 N.J. 581, 600 n.10 (2022) (alterations in original) (quoting 8 A-2505-21 Roper v. Simmons, 543 U.S. …
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… Submitted November 19, 2024 – Decided December 4, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … restraining order (TRO) after filing a domestic violence complaint, alleging defendant committed the predicate acts … of justice." C.C., 463 N.J. Super. at 428 (alteration in original) (quoting S.D. v. M.J.R., 415 N.J. Super. 417, 429 …
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… Submitted October 17, 2024 – Decided December 9, 2024 Before Judges Rose and DeAlmeida. On appeal from the Superior … indictment. Defendant also pled guilty to conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1) and :11-3(a)(2), and … issuance of the [search] warrant.'" Ibid. (alteration in original) (quoting State v. Jones, 179 N.J. 377, 388 …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … that plaintiff didn’t authorize taking herself out of the original contractual arrangement as both J -2 and D-2 …
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… Submitted October 9, 2024 – Decided November 6, 2024 Before Judges Gooden Brown and Smith. On appeal from the … weapon in connection with the incident in exchange for a recommended maximum aggregate sentence of twelve years' … State v. Porter, 216 N.J. 343, 354 (2013) (alteration in original) (quoting R. 3:22-10(b)); see R. 3:22-10(e)(2) …
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… Since that time, the admissibility of the interview has become a critical issue on appeal. For the reasons that … and the interview recording within seven (7) days. In revisiting the admissibility issue, the trial court shall … presented by the State. The court is free to reconsider its original ruling, including the possibility that what began …
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… Submitted December 5, 2024 – Decided December 20, 2024 Before Judges Walcott-Henderson and Vinci. On appeal from the … son. On July 18, 2023, plaintiff filed a domestic violence complaint alleging harassment and was granted a temporary … I hereby certify that the foregoing is a true copy of the original on fi le in my office. _t_ t~ CLERK OF THE AP~TE …
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… Submitted December 10, 2024 – Decided December 24, 2024 Before Judges Perez Friscia and Bergman. On appeal from the … Esther Jean summary judgment and dismissing Enoch's complaint with prejudice. After reviewing the record in … 478 N.J. Super. 171, 179 (App. Div. 2024) (alteration in original) (quoting Mystic Isle Dev. Corp. v. Perskie & …
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… Argued October 2, 2024 – Decided November 15, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … Michael Crane1 filed an order to show cause and verified complaint seeking an order compelling an accounting from … Agric. v. Scurry, 193 N.J. 492, 504 (2008) (alteration in original) (quoting Flagg v. Essex Cnty. Prosecutor, 171 N.J. …
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… Submitted July 30, 2024 – Decided November 19, 2024 Before Judges Rose and Gummer. On appeal from an interlocutory … construction of that building began in 2000 and was completed in February of 2001. On February 15, 2001, Skaar … as a whole." DiFiore, 254 N.J. at 228 (alterations in original) (quoting Wiese v. Dedhia, 188 N.J. 587, 592 …
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… Argued on October 30, 2024 – Decided November 26, 2024 Before Judges Mayer and Rose. On appeal from the Superior … no [BOROW]: nice. what u looking to get into if u come [DEFENDANT]: yes? [BOROW]: u come, def yes [DEFENDANT]: … 411 N.J. Super. 91, 102 (App. Div. 2009) (alteration in original) (quoting California v. Trombetta, 467 U.S. 479, …
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… Argued September 12, 2024 – Decided September 23, 2024 Before Judges Sabatino, Gummer and Jacobs. On appeal from an … concentration. Remache-Robalino filed a medical malpractice complaint against defendants. Like DiFiore, Remache- … analysis. We decline plaintiff's request that we exercise original jurisdiction and decide the motion ourselves. Given …
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… DOCKET NO. A-2373-23 CAROL MORRIS STAHLBERG, Executrix for the Estate of BERTRAM J. STAHLBERG, and CAROL MORRIS … v. WALTER R. EARLE TRANSIT, LLC, EARLE ASPHALT COMPANY, and JEFFREY L. EVANS, Defendants-Appellants. … N.J. Super. 426, 438-39 (App. Div. 1996) (alternation in original)). "[A] determination of whether counsel should be …
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… ________________________________ FRANKIE JEROME, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to dismiss with prejudice those counts of plaintiffs' complaints asserting claims for vicarious liability arising … 100-02 (quoting Lehmann, 132 N.J. at 620) (alterations in original). Critically, the Court didn't find the sexual …
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… Submitted September 24, 2024 – Decided October 23, 2024 Before Judges Gilson and Firko. On appeal from the Superior … fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a … claims for relief." Porter, 216 N.J. at 354 (alteration in original) (quoting R. 3:22-10(b)). In making that showing, a …