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… Submitted June 2, 2022 – Decided June 29, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … the terms of the plea agreement, the State agreed to recommend a sentence not to exceed twenty years in prison, … (App. Div. 1999). Rather, "view[ing] the facts in the light most favorable to a defendant," State v. Preciose, 129 N.J. …
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… Argued April 4, 2022 – Decided April 25, 2022 Before Judges Sumners and Petrillo. On appeal from the … part of the order dismissing counts two and three of his complaint. We reverse and remand for further findings. I. On … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… Argued April 27, 2022 – Decided May 12, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from an … denying the summary judgment dismissal of plaintiffs '1 complaint and a later order denying reconsideration. … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… Submitted December 1, 2020 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … Espichan pleaded guilty to second-degree conspiracy to commit robbery and aggravated sexual assault, N.J.S.A. … (App. Div. 2016), and considering "the facts in the light most favorable to [the] defendant," State v. Preciose, 129 …
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… Submitted November 2, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … have been raised in direct appeals from the multiple civil commitment orders that have been entered against him … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… A-5046-18T2 A-5436-18T2 A-5437-18T2 IN THE MATTER OF THE COMMITMENT OF C.M. ________________________ IN THE MATTER OF … that an action for commitment "shall be 2 For the most part we will simply refer to these individuals as "the … which examined statutory procedures since repealed and replaced by those we consider, even if it could be viewed as …
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… Submitted September 15, 2021 – Decided September 29, 2021 Before Judges Rose and Enright. On appeal from the Superior … He was first tried by a jury on four counts alleging commission of those crimes against a woman and her young … N.J. 597 (1990). Defendant's four ensuing PCR petitions – most of which claimed his plea was not voluntary and knowing …
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… v. CHRISRYAN, LLC, STATE FARM FIRE AND CASUALTY COMPANY, and STEVE MEEHAN, Defendants, and HARRY MOREY,1 … Argued March 24, 2021 – Decided July 30, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … from the case. The motion record, construed in the light most favorable to plaintiff as the non-moving party, Murray …
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… telephonically April 20, 2020 – Decided May 13, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … program. The Somerset 3 A-2199-18T1 County PTI Supervisor recommended defendant's acceptance to the program, but the … prior offenses, and the passage of eleven years since her most recent conviction undermines the prosecutor's …
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… Plaintiff-Appellant, v. UNION PAVING & CONSTRUCTION COMPANY, INC., Defendant/Third-Party Plaintiff-Respondent, … telephonically August 4, 2020 - Decided August 26, 2020 Before Judges Rothstadt and Firko. On appeal from the Superior … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… . . . FOR RELEASE. We disagree and affirm. 1 Defendant completed an aggregate seven-year prison term with forty-two … and re-offending," up through the charges for which he was most recently sentenced which included: second-degree … needed to be examined quickly for possible aortic replacement surgery, which could be performed only at a …
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… Submitted March 9, 2020 – Decided March 23, 2020 Before Judges Geiger and Natali. On appeal from the Superior … Mayra V. Tarantino, which we amplify with the following comments. I. On March 24, 2004, defendant was charged with … amounts to life-without-parole, which is the second most severe penalty available." In three landmark cases, the …
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… Submitted November 19, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … child was not restrained in an appropriate car seat. Almost a year later on January 3, 2018, defendant applied for … defense counsel that the PTI program director was not recommending acceptance. Consequently, on February 8, 2018, …
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… Submitted October 23, 2019 — Decided Before Judges Gooden Brown and Mawla. On appeal from the … maximum penalties are misleading because they are 'almost legally impossible,'" explaining, "these penalties … the mandatory nature of the test in such a way as to impel compliance with the test." This appeal followed. "On this …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 2A:18-61.1(c). Two weeks later, the landlord commenced this suit for possession. After a one-day trial at … presented with a statutory ambiguity, is to ascertain the most plausible interpretation that operates in harmony with …
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… we reverse. We summarize the facts and procedural history most pertinent to this appeal. In June 2014, plaintiff … filing an appeal with the Board of Trustees. We cannot comment on behalf of [plaintiff's] employer and can only … here. The judge's reliance on Masse in this regard is misplaced because that case did not address a fee-shifting …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … DIVISION A-1767-16T3 2 This case arises from the qui tam1 complaint filed by plaintiff William Brennan on behalf of … oral argument; however, she did not decide the motion. Almost three years later, in January 2016, the motion was …
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… Submitted January 12, 2022 – Decided January 24, 2022 Before Judges Hoffman and Whipple. On appeal from the Superior … which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should … effect to 'make the statute workable or to give it the most sensible interpretation.'" Ibid. (quoting Gibbons v. …
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… Submitted September 29, 2021 – Decided December 6, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should be … effect to "make the statute workable or to give it the most sensible interpretation"; (2) "the statute is …
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… Submitted November 17, 2021 – Decided December 6, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should be … effect to "make the statute workable or to give it the most sensible interpretation"; (2) "the statute is …