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… we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … with Respect to Offenses Committed by Out-of-State Visitors From States Where Their Gun-Possession Conduct … upon [the] statutory criteria[,]" while still vesting ultimate decision[-]making authority in the prosecutor.'" …
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… Submitted June 7, 2023 – Decided July 11, 2023 Before Judges Mayer and Enright. On appeal from the Superior … reasons set forth in Judge Patrick J. Arre's thoughtful and comprehensive written opinion. I. The underlying facts of … a reasonable likelihood that [the PCR] claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Georgia license plate in reverse on the exit ramp of a highway when it collided with a car driven by plaintiff LaToya … in New York. Plaintiffs' counsel sent a copy of the complaint by certified mail to defendant at his New York … (quoting Hodgson v. Applegate, 31 N.J. 29, 43 (1959)). "Ultimately, 'equitable principles' 'should . . . guide[]' a …
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… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-390. Salvatore J. Moretti, appellant pro … lack merit. A reviewing court "will not upset an agency's ultimate determination unless the agency's decision is shown … and review as any other state agency, Paff v. Galloway Twp., 229 N.J. 340, 356 n.7 (2017), meaning an agency's …
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… Argued October 2, 2018 – Decided Before Judges Rothstadt and Natali. On appeal from Superior … from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … but became angry with court staff and defense counsel and ultimately chose to leave the courthouse. That same day, the …
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… DIVISION DOCKET NO. A-5355-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.S., SVP-749-16. Submitted January 28, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … aggravated assault, and weapons offenses, for which he ultimately was sentenced to an aggregate forty-five-year …
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… Argued March 4, 2019 – Decided March 28, 2019 Before Judges Messano and Rose. On appeal from the Board of … and walked to work. Because jobs were assigned on a first-come, first-served basis, claimant typically arrived at 5:00 … then applied for unemployment benefits. Although claimant ultimately qualified for benefits for that claim, his …
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… dispatched to the Manor Bar, which "was about two blocks away" from his location. According to Sloan, "The initial … decision, and determined the stop was justified. The judge ultimately found the pat down of defendant was permissible … is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial …
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… 9-1-1, and police responded to the scene. Plaintiff filed a complaint, alleging defendant engaged in domestic violence … orders that [it was] working with" because the court "always like[d] to be very careful about that, when making the … adequate notice of the allegation upon which the FRO was ultimately founded. J.D., 207 N.J. at 480. Instead, after …
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… for injury and discovered a significant amount of blood coming from the left side of his scrotum, on which a blood … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … acted with substantial certainty of the risk of injury ultimately suffered by Johns. Wengerter produced evidence …
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… not memorialize its findings or conclusions. Swan filed a complaint in lieu of prerogative writs and an order to show … we review orders, not decisions, Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001) ("[I]t is well-settled that … informal written decisions, or reasons given for the ultimate conclusion."), and based on the settled law, we …
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… Submitted September 10, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … applications appears to have been resolved in State v. Hemenway. __ N.J. __ (2019) (slip op. at 3-4). The Court … of Franks analysis merely because an application for an FRO ultimately is denied after a plenary hearing. For one thing, …
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… Submitted October 22, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … June 4, 2014, determined that defendant was a repetitive, compulsive sex offender. In accordance with the plea … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted January 28, 2020 – Decided March 6, 2020 Before Judges Currier and Firko. On appeal from the Superior … (count four); one count of third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted June 24, 2020 – Decided July 20, 2020 Before Judges Accurso and DeAlmeida. On appeal from the … equipment or peripherals; and 20.802, attempting to commit or aiding another in committing any of the above … leading from the toilet in defendant's cell. Defendant ultimately admitted that he had flushed the cell phone down …
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… purchasers. In order to maintain her credentials and ultimately become a manager at the range, K.J. applied for an FPIC in … be expunged. . . . [A]ny hospitalizations, . . . are always in your record. [K.J.]: I thought it all had to do with …
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… Michael Twerdak has been a patrol officer with the Rahway Police Department for approximately five years. Twerdak … row, but on the driver's side to continue the search. Ultimately, he discovered a plastic bag filled with an ounce … probable cause that a criminal offense ha[s] been committed and that additional contraband might be present." …
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… Argued October 7, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the … the matter and sought court intervention on May 23, 2016. Ultimately, the parties entered into a consent order on July … arbitration before a retired judge. The arbitration commenced on July 19, 2016 and concluded three years later …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFFORD STEPHENS, a/k/a CLIFFORD J. STEVENS, CLIFFORD JAY … Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… LUIS ALFREDO SUTUJ, Plaintiff-Appellant, v. LOUIS GARGIULO COMPANY, INC., Defendant-Respondent, and HUDSON COUNTY … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter … and the public interest in the proposed solution," Alloway v. Bradlees, Inc., 157 N.J. 221, 230 (1999) (quoting …