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… v. Davis, 213 N.J. 396 (2013). A-3593-14T4 3 The State ultimately dismissed the robbery charge remanded for retrial … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … pulled the trigger, but the gun did not fire. After he got away, Leonard called the police and then 1 We employ the use …
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… program that allows defendants to avoid "the stigma accompanying a verdict of guilt to any criminal offense." … the events of November 30, 7 A-3254-14T1 2012, was ultimately denied after she had been placed on probation. Thus, defendant's prior criminal contacts, together with the most recent arrest, establish valid reasons …
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… Argued January 23, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … sleeping accommodations to ensure his safety, which ultimately resulted in a head injury. Affirmed. … DCPP VS. …
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… Submitted January 8, 2018 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … in the written plea agreement, the State agreed to recommend to the court that defendant's prison term not exceed … to argue at sentencing for the minimum term of ten years. Ultimately, the 3 A-4060-15T1 judge at sentencing imposed a …
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… Submitted February 13, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … barrage of unruly and unintelligible objections and comments. The judge gave defendant every opportunity to … defendant's clear intent to undermine the trial. The judge ultimately found defendant was going to "continue his …
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… facility staff observed plaintiff walking with a limp and complaining of pain in her leg. The notes in plaintiff's … care were substantial contributing factors that led to her ultimate injury." On August 9, 2016, Judge Susan L. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… DIVISION DOCKET NO. A-2287-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B., SVP-760-16. ________________________ … Submitted August 21, 2018 – Decided Before Judges Sumners and Gilson. On appeal from Superior … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
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… Submitted January 11, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… opinion, Rule 2:11-3(e)(2), and add only the following few comments. 5 A-0369-19T1 Our standard of review is limited to … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and … discretionary power, such power is not unlimited and is "always judicially reviewable for arbitrariness." Trantino, 166 …
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… Submitted May 6, 2020 – Decided July 8, 2020 Before Judges Fisher and Gilson. On appeal from the Superior … 2C:35-3; second-degree possession of a firearm during commission of certain crimes, N.J.S.A. 2C:39-4.1(a); related … Defendant's trial counsel did not object to that ruling. Ultimately, Gephart did not testify at trial. In the PCR …
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… issue now before us. 4 A-5271-17T4 years, ordered him to complete thirty days of community service, and ordered him … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001). Defendant has cited no …
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… Mawla and Rose. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3363. The Law Offices of Fusco & … resulted in his being placed on academic probation and ultimately being dismissed from college; (2) his termination … Ibid. (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). "Courts …
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… damaged the ceiling, floors, and walls. Kaume filed a complaint in the Special Civil Part seeking Amaechi's … a large dumpster filled with garbage was parked in the driveway. Kaume informed Amaechi that she was retaining her … right to call witnesses.'" M.E.B., 444 N.J. Super. at 88-9. Ultimately, due process is a flexible concept that depends …
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… S. Tashjy argued the cause for appellant. Jeffrey David Padgett, Deputy Attorney General, argued the cause the … suffered a pulmonary nerve injury due to anesthesia complications. The complications caused petitioner permanent … work-related accident started a chain of events that ultimately led to [petitioner's] disabling pulmonary injury, …
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… Submitted October 2, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … 4 A-2242-17T2 likelihood that his . . . claim will ultimately succeed on the merits." Ibid. For a defendant to … to 1 In the two indictments, defendant was charged with committing twenty-eight offenses. 2 In that indictment, the …
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… Argued October 2, 2019 - Decided Before Judges Ostrer and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-1441. Robert K. Chewning argued … for urinating in public. The Commission considered, and ultimately rejected, petitioner's arguments that attempted …
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… Eventually, plaintiff was diagnosed with pancreatitis and compartment syndrome and required surgical intervention. He … trial judges erred by granting partial summary judgment and ultimately granting defendants' motion for a directed … for a directed verdict we look to see if "the evidence, together with the legitimate inferences therefrom, could …
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… Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … indicating a moderate risk of recidivism. 1 Because Hankins committed his crimes prior to 1997, his FET, which commenced … a total of 965 days of commutation time; 368 of those days ultimately were restored. 5 A-1387-18T3 This appeal …
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… Submitted November 19, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … agreed verbally that he understood what his attorney had communicated to the court, he agreed with it, and he wished … obtained additional charges during that time, for which he ultimately pled guilty. The judge concluded defendant had …
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… and also agreed that knowing this, he shot the gun anyway. Defendant was twenty-seven years old when he pled … with his attorney, and understood the parameters of the recommended sentence— thirty years subject to thirty years of … focused on his desire for "the truth to be out there that ultimately he did not mean to kill anybody." Since counsel …