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… Submitted January 24, 2022 – Decided February 2, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … 2017. Particularly that defendant stalked the victim and committed the charged offenses. The evidence included … v. Baum, 224 N.J. 147, 160-61 (2016) (second alteration in original) (quoting State v. Galloway, 133 N.J. 631, 647 …
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… Submitted January 20, 2022 – Decided January 28, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … the allegations that he possessed child pornography on his computer, and that some of that pornography was available … the computer at the time the images or files or videos were originally downloaded[.]" The judge also thoroughly …
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… Submitted November 9, 2020 – Decided Before Judges Messano and Hoffman. On appeal from the Superior … aggravated manslaughter, and the State agreed to recommend defendant receive a twenty- five-year prison term, … over substance.' [Mitchell, 126 N.J. at 587 (alterations in original) (citations omitted).] The defendant must "allege …
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… Argued April 22, 2020 – Decided April 16, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … Barley and Juan Dunlap with second degree conspiracy to commit armed robbery and/or burglary, N.J.S.A. 2C:5-2 (count … reach a unanimous verdict on the remaining counts in the original indictment. The charges in Indictment 19-01-0011 …
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… Submitted March 1, 2021 – Decided April 12, 2021 Before Judges Messano and Hoffman. On appeal from the New … before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … Fams., v. E.D.-O., 223 N.J. 166, 185 (2015) (alteration in original) (quoting Div. of Youth & Fam. Servs. v. A.R., 419 …
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… Submitted November 10, 2020 – Decided Before Judges Yannotti and Haas. On appeal from the Superior … herrings." Defense counsel did not object to any of these comments. However, on the third occasion, the trial judge … State v. Baum, 224 N.J. 147, 158-59 (2016) (alteration in original) (internal quotation marks omitted) (quoting State …
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… Argued November 12, 2020 – Decided February 3, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … from April 15 to May 9, 2006, and defendant's filing of a complaint with New Jersey's Board of Marriage and Family … v. Barden, 195 N.J. 375, 390 (2008)) (third alteration in original). The judge explicitly instructed the jury that the …
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… Submitted November 16, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 … that became due in January 2019. According to defendant's original explanation, he could no longer pay alimony as he …
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… Submitted November 5, 2020 – Decided October 13, 2021 Before Judges Fuentes and Whipple. On appeal from the Superior … of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, in response to a complaint filed by plaintiff I.M.R. and a subsequent … 351 N.J. Super. 427, 433 (App. Div. 2002) (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
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… Submitted March 16, 2021 – Decided June 23, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … N.J.S.A. 2C:35-7.1 (count seven); he was also charged in a complaint- warrant with possession of marijuana, N.J.S.A. … of my pleas." [(First, second and third alterations in original.)] In his brief to the PCR court, however, …
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… Argued November 12, 2020 – Decided June 25, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … August 9, 2018 amended order dismissing the first amended complaint with prejudice, and a January 25, 2019 order … POINT I THE APPELLATE DIVISION SHOULD EXERCISE ITS ORIGINAL JURISDICTION TO INVALIDATE RESOLUTION ZBA-2016-05.5 …
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… Argued May 26, 2021 – Decided June 16, 2021 Before Judges Whipple and Firko. On appeal from the New Jersey … testified petitioner was disorganized and that he did not become her POA until 2017; therefore, he had no information … program[,]" Mistrick, 154 N.J. at 166 (first alteration in original) (quoting L.M. v. Div. of Med. Assistance & Health …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Fisher, DeAlmeida and Smith. On appeal from the New Jersey Commissioner of Education, Docket No. 119-5/18. Marc H. … whole.'" Stallworth, 208 N.J. at 194 (second alteration in original) (quoting Henry, 81 N.J. at 579-80). The burden of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … signed to enter a trampoline park. He appeals from an order compelling his personal-injury claims to arbitration and … of any contract.'" Atalese, 219 N.J. at 441 (alteration in original) (quoting Martindale v. Sandvik, Inc., 173 N.J. 76, …
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… Argued October 14, 2021 – Decided November 3, 2021 Before Judges Hoffman, Whipple, and Geiger. On appeal from the … of a firearm, 2A:151-41(a) (count three); conspiracy to commit armed robbery, N.J.S.A. 2A:98-1 (count 1 The offenses … review factors that could not be fully assessed when he was originally sentenced—like whether he still fails to …
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… Argued October 6, 2021 – Decided October 26, 2021 Before Judges Hoffman, Whipple, and Susswein. On appeal from … and services to New Jersey residents who meet specified income thresholds. 42 U.S.C. § 1396 to 1396w-5; N.J.S.A. … on that for a little bit then. First going back to your original point that it had to be an equal like kind …
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… Submitted February 2, 2022 – Decided March 1, 2022 Before Judges Whipple and Geiger. On appeal from the Superior … murder, N.J.S.A. 2C:11-3, and second-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1) and 2C:11-3. The … [Roy] on his feet." [Id. (slip op. at 3) (alteration in original).] A-3631-18 3 Defendant was indicted for murder …
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… Argued December 14, 2021 – Decided February 25, 2022 Before Judges Currier and DeAlmeida. On appeal from the … agreed to give him additional time to successfully complete their courses. A third professor told him that, due … v. Martinez, 242 N.J. 449, 472 (2020) (alteration in original) 11 A-1260-20 (quoting Globe Motor Co. v. Igdalev, …
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… Plaintiff-Appellant, v. NEW JERSEY AMERICAN WATER COMPANY, INC. and CRJ CONTRACTING CORP., … Submitted May 16, 2022 – Decided May 25, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Landscaping, Ltd., 219 N.J. 395, 407 (2014) (alteration in original) (quoting Butler v. Acme Mkts., Inc., 89 N.J. 270, …
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… Submitted April 7, 2022 – Decided May 20, 2022 Before Judges Haas and Alvarez. On appeal from the Superior … services and defendant's brief in opposition. Plaintiff's complaint and amended complaint recited the following: THE … 154 N.J. at 413. An appellate court should "exercise its original fact[-]finding jurisdiction sparingly and in none …