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… Argued August 13, 2019 – Decided August 20, 2019 Before Judges Messano and Natali. On appeal from the Superior … and participated in the May 2016 proceeding. The Board recommended that 1 The Board is a unified board that also … unit." For reasons that follow, we need not recount most of the testimony before the Board at the ensuing …
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… Submitted June 2, 2022 – Decided July 19, 2022 Before Judges Gooden Brown and Gummer. NOT FOR PUBLICATION … Prius. 3 A-3714-20 On January 6, 2021, the State filed a complaint in the Law Division, Special Civil Part, seeking … U.S. 306, 314 (1950)). "The absence of notice violates 'the most rudimentary demands of due process of law.'" Ibid. …
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… A. Counsel was Ineffective for Failing to Request an Accomplice Liability Charge. B. Counsel was Ineffective for … "error in the court's imposition of maximum terms for the most serious crimes of which defendant was convicted." Id. … decided not to do so at the time but stated he would revisit the situation if the juror appeared to be distraught. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the arbitrator in this case. Therefore, he performed a comprehensive review of the challenged portions of the … the parties' agreement to proceed in an arbitral forum. Most importantly, the judiciary has no role in the …
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… NO. A-4509-18T2 IN RE MATTER OF STATE'S APPLICATION TO COMPEL M.S. TO PROVIDE PASSCODE ____________________________ … Argued October 29, 2019 – Decided Before Judges Fisher and Gilson. On appeal from the Superior … the police, Sally's handwritten statement, and, perhaps most importantly, a review of Sally's phone. Sally's phone …
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… Submitted June 2, 2020 – Decided July 8, 2020 Before Judges Yannotti and Hoffman. On appeal from the … during the opening statement, the trial court provided a comprehensive curative instruction advising the jury "to … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted April 29, 2020 – Decided May 22, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … for the reasons expressed in Judge Robert Kirsch's comprehensive and well-reasoned written opinion. We … an evidentiary hearing "should view the facts in the light most favorable to a defendant." State v. Preciose, 129 N.J. …
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… Submitted September 16, 2021 – Decided September 22, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … record. On June 29, 2020, B.A.A. filed a domestic violence complaint in Camden County against C.F.A. based upon events … force and violence, the decision to issue an FRO 'is most often perfunctory and self-evident.'" A.M.C. v. P.B., …
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… a chair at work. Petitioner contends the latter injury, combined with deficits from his prior injury, rendered him … to prove disability caused by a "traumatic" accidental workplace injury. Even so, the member still bears the burden of … nerve, such as "long-time repetitive activity, which is the most common cause of it." In addition, Dr. Berman found it …
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… Submitted April 26, 2021 – Decided May 18, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … adult criminal record, having just turned eighteen when he committed these crimes. Defendant also argued that his trial … Div. 1999). Rather, while "view[ing] the facts in the light most favorable to a defendant," State v. Preciose, 129 N.J. …
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… Submitted March 10, 2020 – Decided April 30, 2020 Before Judges Messano and Susswein. On appeal from the … in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … Bank, 87 N.J. 163, 176 (1981)).] 6 A-1942-18T2 "Among the most natural of confidential relationships is that of parent …
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… Argued February 12, 2020 – Decided Before Judges Fuentes, Haas and Mayer. On appeal from the … facts of this matter. Therefore, we need only recite the most salient facts here. Plaintiff joined defendant's … managed by plaintiff. In February 2016, plaintiff filed a complaint against defendant and alleged that defendant had …
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… JAY LEVIN, an individual, Third-Party Plaintiffs, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … previously entered by another judge (the first judge), compelling plaintiff Kara Peck to pay frivolous-litigation … and did not have the ability to pay counsel fees. Almost four months after judgment was entered in favor of the …
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… argued April 30, 2020 – Decided June 22, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … Landlord in writing immediately. Tenant is responsible for compliance with this agreement. If any person resides at the … resolved with him being allowed to stay in the apartment. Most importantly, the record was unrebutted that for years …
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… Submitted June 2, 2020 – Decided June 17, 2020 Before Judges Fisher and Accurso. On appeal from the Superior … Atkins Media II, LLC, is a Delaware limited liability company, that operates an outdoor advertising business. … statements of the proposed assignee for its three (3) most recent fiscal years certified by an authorized officer …
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… Argued February 11, 2020 – Decided April 27, 2020 Before Judges Hoffman and Currier. On appeal from the Superior … defendant was negligent in "not adequately maintaining the common public areas of its property . . . ." After the … evidential materials presented, when viewed in the light most favorable to the non-moving party in consideration of …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … D.D. lived, he acknowledged he walked by his house almost every day. The judge then asked defendant, "And … because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis …
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… Submitted September 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… v. TOWNSHIP OF MANSFIELD, TOWNSHIP OF MANSFIELD SHADE TREE COMMISSION, ERIC RENFORS, and LISA RENFORS, … that can be drawn from those facts, "in the light most favorable to the non-moving party" to decide whether … "shall be responsible for repair, maintenance and replacement of the sidewalk . . . and shall keep same free …
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… Submitted November 6, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … who contacted local hospitals and learned that a man had come to a hospital with stab wounds above the right eye and … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …