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… Argued November 13, 2018 – Decided Before Judges Gooden Brown and Rose. On appeal from Superior … probation department." Under Article V of the MSA, commencing February 1, 2012, defendant was required to pay … to measure its actual significance. [Ibid. (alteration in original) (quoting Atl. N. Airlines, Inc. v. Schwimmer, 12 …
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… Submitted December 12, 2018 – Decided July 18, 2019 Before Judges Koblitz, Ostrer and Currier. On appeal from the … DNA INDEXING SYSTEM SHOULD HAVE BEEN GRANTED. POINT III COMMENTS MADE BY THE COURT CONCERNING A SUITCASE FOUND IN … State v. Bolvito, 217 N.J. 221, 228 (2014) (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted July 8, 2019 – Decided July 16, 2019 Before Judges Yannotti and Haas. On appeal from the Superior … in a police station. He had never been arrested, and only completed the third grade in school. Defendant said his … v. Bolvito, 217 N.J. 221, 228 (2014) (third alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted June 4, 2019 – Decided July 10, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … its contents. 5 A-3293-17T3 fundamental injustice" to overcome Rule 3:22-12's limitations. Further, the court found … to trial.'" Nunez-Valdez, 200 N.J. at 139 (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… DIVISION DOCKET NO. A-5071-17T2 NEW JERSEY MOTOR VEHICLE COMMISSION, Petitioner-Respondent, v. CHARLES C. HUTCHINSON, … Argued May 30, 2019 – Decided July 9, 2019 Before Judges Vernoia and Moynihan. On appeal from the New … by way of the plain language.'" Ibid. (second alteration in original) (quoting O'Connell v. State, 171 N.J. 484, 488 …
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… APPELLATE DIVISION DOCKET NO. A-5141-13T2 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF ROOMING AND BOARDING HOUSE … assisting in administering their medication, supervising visitors and facilitating interaction with other service … 109 N.J. at 73-76 (acknowledging that interagency memo originally directed to agency members had significant impact …
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… Plaintiff-Appellant/ Cross-Respondent, v. SUSSEX COUNTY COMMUNITY COLLEGE AND SOPHIE DUTKOWSKI, … Argued May 17, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. NOT FOR … to perform their duties correctly. Thereafter, 2 Plaintiff originally named Campbell's as a defendant in this matter, …
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… Submitted April 3, 2017 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … him of a fair trial. He contends a detective's testimony commenting on video surveillance recordings 1 Delgado and … the grades of the offense. [Id. at 527-28 (alteration in original) (citations omitted).] Here, unlike Bielkiewicz, …
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… Submitted February 9, 2021 – Decided March 2, 2021 Before Judges Haas and Mawla. On appeal from the Superior … murder, N.J.S.A. 2C:11-3(a)(1); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), 2C:11-3(a)(1); … confessions. [163 N.J. 304, 313 (2000) (alterations in original).] Defendant reasserts the arguments raised before …
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… Submitted February 3, 2021 – Decided February 25, 2021 Before Judges Sumners, Geiger and Mitterhoff. On appeal from … terms of the Brimage2 plea agreement, the State agreed to recommend a ten-year prison term with a forty-month period of … 'shock[s] the judicial conscience.'" Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted January 11, 2021 – Decided February 12, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … claimed he acted in self-defense when the victim, a complete stranger armed with "a metallic object," attacked … guarantee of [a] fair trial.'" Id. at 315 (alteration in original) 16 A-2799-18 (quoting State v. Buonadonna, 122 …
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… Argued November 16, 2020 – Decided Before Judges Messano and Suter. On appeal from the Board of … The insurance was issued by the Prudential Insurance Company (Prudential). In 1994, appellant took a leave of … in the record as a whole.'" Id. at 202 (alteration in original) (quoting In re Stallworth, 208 N.J. 182, 194 …
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… CONSTRUCTION CO., Plaintiff-Respondent, v. BARRIER ELECTRIC COMPANY, INC., JOHN BARRIER, individually, and RICHARD … Submitted January 21, 2021 – Decided March 22, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … normally has the burden of proving it" (alterations in original) (quoting Roberts v. Rich Foods, Inc., 139 N.J. …
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… DIVISION DOCKET NO. A-2630-19 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Respondent, v. … LLC, Defendant-Appellant. ____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … v. Mfrs. Ins. Co., 160 N.J. 480, 491 (1999) (alterations in original) (quoting State v. Thompson, 59 N.J. 396, 421 …
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… Submitted March 1, 2021 – Decided April 20, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … defendant fired nine shots at a group of people during the commission of a robbery, hitting and killing one person. The … A-2823-19 Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting DiFrisco, 137 N.J. at 457). As to the …
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… Submitted December 2, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … This appeal arises from a January 27, 2017 armed robbery committed by defendant outside a liquor store in Elizabeth. … and would have insisted on going to trial." (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Submitted January 19, 2021 – Decided March 10, 2021 Before Judges Currier and DeAlmeida. On appeal from the … officers were searching. Immediately after Agosta made his communication, Sergeant Schwint informed him over the radio … States v. Cortez, 449 U.S. 411, 418 (1981)) (alterations in original) (citations omitted).] 15 A-5661-18 As noted above, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conducting surveillance in the vicinity of a condominium complex located in the township. The complex was known to … traffic] stop." Rodriguez, 575 U.S. at 355 (alteration in original) (quoting Illinois v. Caballes, 543 U.S. 405, 408 …
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… Submitted September 12, 2019 – Decided May 5, 2020 Before Judges Nugent and Suter. On appeal from the New Jersey … benefits.1 The Director determined petitioner failed to overcome her burden of rebutting the presumption that the … objectives' of the Medicaid program." Ibid. (alteration in original) (quoting 42 U.S.C.A. § 1396a(a)(17)(A)). The …
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… and ROBERT REYERS, and CLAUS AND REYERS COMPANY, a Delaware Corporation, Defendants. … Argued October 17, 2019 - Decided August 6, 2020 Before Judges Alvarez, Nugent, and Suter. On appeal from the … vested in Robert Reyers individually as a result of the original 2004 conveyance. The case that plaintiff cites for …