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A-0274-23 Briefs
Briefs
njcourts.gov
… 713-4100 Attorney ID Number 037231984 jmenzel@menzellaw.com; cmatt@menzellaw.com Attorney for Defendant : SUPERIOR COURT OF NEW JERSEY STATE OF NEW … like the Law Division judge in Inglis, short-circuited due process and shortchanged the ability of AMENDEDFILED, Clerk …
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… Submitted October 28, 2025 – Decided January 7, 2026 Before Judges Gilson and Vinci. On appeal from the Superior … In that regard, the court found that defendant had committed at least two prior third-degree crimes on separate … under the Sixth Amendment, as well as the Due Process Clause of the Fifth Amendment"; and (2) there had …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 540 (1995). A-1090-14T1 3 Associates (landlord), leased commercial property in Belleville to Hardman Incorporated, … 391 (App. Div. 2007), a court must engage in the difficult process of finding meaning in "the symbols of expression" …
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… Submitted December 6, 2022 – Decided December 14, 2022 Before Judges Geiger and Fisher. On appeal from the Superior … transcript and call log established. He 6 A-2049-20 claims competent counsel would have highlighted this discrepancy … DISCREPANCY IN ORDER TO UPHOLD HER CLIENT'S RIGHT TO DUE PROCESS AND A FAIR TRIAL. 10 A-2049-20 We are guided by the …
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… Submitted December 5, 2023 – Decided January 25, 2024 Before Judges Sumners and Rose. On appeal from the Superior … Cathleen Fenyak, a registered nurse, filed a six-count complaint in the Law Division seeking compensable and … because she failed to follow the Hospital's documentation process for dispensing medication and her alleged …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … Decided: January 5, 2023 Richard Harris Preston, Esq., for plaintiff (Richard Preston Law, attorneys) Howard B. … clear on the face of the statute, then the ‘interpretative process is over.’” Ibid. (quoting State v. Hupka, 203 N.J. …
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… Argued May 20, 2019 – Decided July11, 2019 Before Judges Messano and Gooden Brown. On appeal from the … sides moved for summary judgment following discovery. In a comprehensive oral decision, Judge Mary C. Jacobson … in the notice of appeal which are subject to the appeal process and review." Pressler & Verniero, Current N.J. Court …
njcourts.gov
… Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL. (U.S. Const. Amends. V, VI, and …
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… Argued November 14, 2017 – Decided Before Judges Fisher, Fasciale and Sumners. On appeal from … by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … the window. Here, defendant is alleged to have been in the process of assaulting [the girlfriend] when she exited the …
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… Submitted October 24, 2017 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … or entice a minor into a motor vehicle with a purpose to commit a criminal offense with or against the child, N.J.S.A … other general questioning of citizens in the fact-finding process. . . ." Miranda, supra, 384 U.S. at 477, 86 S. Ct. …
njcourts.gov
… Argued October 26, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … this case are set forth at length in Judge Kimarie Rahill's comprehensive twenty-six-page written decision and need not … RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AND HIS DUE PROCESS AND STATE RIGHT TO A FAIR TRIAL BY JUDGE KELLEHER'S …
njcourts.gov
… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … Further investigation revealed defendant had also failed to comply with a November 19, 2014 order requiring the … to show defendant was not amenable to the rehabilitative process offered by the program, N.J.S.A. 2C:43- 12(e)(2). In …
njcourts.gov
… Submitted May 31, 2017 – Decided Before Judges Ostrer, Leone, and Moynihan. On appeal from … house, and travel directly to an arranged location to complete the transaction with the CI during the first and … R. 3:21-4(e). The judge must also state the balancing process that led to the sentence. State v. Martelli, 201 …
njcourts.gov
… Argued April 26, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … defendant for substance abuse evaluations. Defendant completed the evaluations and was scheduled to begin … age child, or other interference with normal educative processes." Doe v. Downey, 74 N.J. 196, 199 (1977) (quoting …
njcourts.gov
… Argued January 17, 2018 – Decided Before Judges Fuentes, Manahan, and Suter. On appeal from … was freely and voluntarily given. Before the trial commenced, the trial judge discussed how his "preliminary … generally lacks the "compelling atmosphere inherent in the process of in-custody interrogation." State v. Zucconi, 50 …
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… and DERRICK FOSTER, Third-Party Plaintiff, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Harvey argued the cause for appellant (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Richard Galex, of … terms are clear and unambiguous, then the interpretative process ends, and we 'apply the law as written.'" Id. at 443 …
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… Submitted June 9, 2022 – Decided July 6, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … 2 The FACTS system is the program used by CBA to process tuition payments. 5 A-0658-21 In two orders issued … 2020, a second judge granted Grande's request for an order compelling defendant to pay all outstanding CBA invoices and …
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… Submitted February 16, 2022 – Decided April 6, 2022 Before Judges Hoffman, Whipple, and Susswein. NOT FOR … adopted on April 27, 2017, the Joint Land Use Board recommended to the Borough Council that the Arborwood … Second, no person may be deprived of property without due process of law. Twp. of W. Orange v. 769 Assocs., 172 N.J. …
njcourts.gov
… Submitted January 26, 2021 – Decided Before Judges Yannotti and Mawla. On appeal from the Superior … one of Accusation No. 05-10-0960. The State agreed to recommend an aggregate custodial sentence of five years, with … for Essex County "may have . . . falsified reports when processing drugs." Rule 3:22-12(a)(1)(A) states that a first …
njcourts.gov
… Argued October 13, 2020 – Decided October 28, 2020 Before Judges Rothstadt and Mayer. On appeal from the Superior … granting summary judgment to defendant and dismissing the complaint. Plaintiff's complaint sought an order directing … of guardian" "is a very specific and detailed fact-finding process in the surrogate's court . . . . involv[ing], among …