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… Submitted November 1, 2016 – Decided Before Judges Reisner and Sumners. On appeal from Superior … 2C:11-3(a)(1); first-degree felony murder, during the commission of a robbery, N.J.S.A. 2C:11-3(a)(3); first- … court's jury instructions failed to explain the law of accomplice liability, trial counsel was ineffective for not …
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… Submitted June 18, 2019 – Decided July 12, 2019 Before Judges Koblitz and DeAlmeida. On appeal from the … 07-12-1534. Joseph E. Krakora, Public Defender, attorney for appellant (Al Glimis, Designated Counsel, on the brief). … Defendant claims that had his attorney furnished him with a complete copy of discovery prior to trial, he would have …
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… Submitted March 29, 2022 – Decided August 18, 2022 Before Judges Smith and Berdote Byrne. On appeal from the … from defendant for some weeks. After contentious email communications between the parties, on August 18 plaintiff … we decline to address it now. We take plaintiff's next two points together. Plaintiff argues that the trial court had …
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… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Matthew E. Hanley, Special Deputy Attorney … motion court in its order. We only add the following brief comments. Rule 3:21-1 provides that a motion to withdraw a …
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… Submitted January 13, 2021 – Decided June 17, 2021 Before Judges Accurso and Enright. On appeal from the Superior … A.D. and D.D., appeals from an order dismissing her complaint against defendant Donald R. Ayusa and Campbell's … court mistakenly exercised its discretion in dismissing the complaint with prejudice, we reverse. This case arose out of …
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… Defendant-Appellant. Argued October 8, 2020 - Decided Before Judges Currier and DeAlmeida. On appeal from the … that this incident is all as a result of the filing of a complaint . . . for divorce. . . . . He said that it was she … evidence. See Cesare, 154 N.J. at 411-12. All other points raised by defendant lack sufficient merit to warrant …
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… Submitted October 20, 2020 – Decided Before Judges Haas and Mawla. On appeal from the New Jersey … over the phone." Starx and Lewis were each charged with committing prohibited act *.004, fighting with another … of recreational privileges, and the loss of ninety days of commutation time. On the adjudication form, the hearing …
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… Submitted October 7, 2020 – Decided October 28, 2020 Before Judges Rose and Firko. On appeal from the Superior … October 11, 2019 order of the Law Division dismissing his complaint with NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … entitled, Yew v. Inservco, Docket No. MID-L-5407-18. The complaint alleged Inservco had a duty to engage in …
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… Submitted October 5, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from the … 12-01-0018. Joseph E. Krakora, Public Defender, attorney for appellant (Anthony J. Vecchio, Designated Counsel, on … an evidentiary hearing and rendered a twenty-page comprehensive written opinion. A jury found defendant guilty …
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… Submitted May 27, 2020 – Decided July 10, 2020 Before Judges Gilson and Rose. On appeal from the Superior … 2019 to change where the daughter would go to school and to compel where the daughter would attend summer camp. … makes three main arguments, which he breaks down into seven points. He contends that the family court erred by (1) not …
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… Submitted on December 16, 2020 - Decided Before Judges Sumners and Geiger. On appeal from the Superior … include Senyszyn's answer and counterclaims to plaintiffs' complaint, nor does it indicate what relief he seeks. 3 … 2017, plaintiffs sought to enforce the consent order to compel arbitration. In a November 17, 2017 order, the trial …
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… Submitted January 29, 2020 — Decided Before Judges Whipple and Mawla. On appeal from the Superior … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). The … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
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… Submitted November 13, 2019 - Decided Before Judges Hoffman and Currier. On appeal from the Superior … with the other two witnesses, but they were not willing to come forward, testify, or give a written statement. She … there was any "reasonable probability" of a different outcome. Fritz, 105 N.J. at 52 (citing Strickland, 466 U.S. at …
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… Submitted October 2, 2019 – Decided January 6, 2020 Before Judges Fasciale and Mitterhoff. On appeal from the … 2A:17-56.23b(b)(2) imposes a duty upon attorneys, insurance companies and other agents to request a child support … judgment, civil arbitration award, inheritance or workers' compensation award. If the search reveals a child support …
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… Argued December 11, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … 2019 the Board solicited bids from contractors for an upcoming project at Churchill Junior High School. The project, … with three different pricing options: pricing for the complete HVAC upgrades and roof replacement, pricing for the …
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… Submitted May 10, 2022 – Decided June 15, 2022 Before Judges Fisher and Currier. On appeal from the Superior … certain consequences under Megan's Law, one of which was "community supervision for life." The prosecutor corrected … Defendant confirmed he was entering into the plea agreement freely and voluntarily. The court suspended the imposition …
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… Submitted December 6, 2021 – Decided December 15, 2021 Before Judges Fasciale and Sumners. On appeal from the … 16, 2020 order granting defendants' "motion to dismiss the complaint in lieu of [filing an] answer." Judge Mary F. … 128 N.J. 250, 261 (1992). We must "consider whether the competent evidential materials presented, when viewed in the …
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… Submitted January 3, 2022 – Decided January 19, 2022 Before Judges Accurso and Enright. On appeal from the Superior … 3:21-10(b) because of a mistaken belief defendant had not completed his mandatory period of parole ineligibility by … a Rule 3:21-10(b) exception applied, because defendant had completed his mandatory minimum sentence by April 2020, when …
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… Submitted May 5, 2021 – Decided June 7, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … defendant. Ten days later, plaintiff amended his TRO complaint to include allegations of defendant's abusive … evidence. See Cesare, 154 N.J. at 411-12. All other points raised by defendant lack sufficient merit to warrant …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … dismissing her Conscientious Employee Protection Act (CEPA) complaint against her employer, defendant PNC Bank Corp. … who were shopping in the market. PNC produced legally competent evidence that plaintiff was terminated because she …