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- STATE OF NEW JERSEY VS. EDGAR MARTINEZ (16-01-0025, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted July 14, 2020 – Decided September 2, 2020 Before Judges Sabatino and Susswein. On appeal from the … Rather, defense counsel argued that defendant did not commit knowing/purposeful murder but rather the lesser … the power of his [or her] control." Ibid. (alterations in original) (quoting Maurico, 117 N.J. at 409). Furthermore, …
- njcourts.gov… Argued September 29, 2020 – Decided Before Judges Fasciale, Mayer, and Susswein. On appeal from … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … evidence or other data.'" Id. at 53-54 (alterations in original) (quoting Polzo, 196 N.J. at 583). In other words, …
- STATE OF NEW JERSEY VS. ANDRE GREEN (15-06-0488, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted November 9, 2020 – Decided Before Judges Messano, Hoffman, and Suter. On appeal from the … remained for about fifteen minutes until she heard gunshots coming from the direction of the bar. The State played the … v. Bolvito, 217 N.J. 221, 228 (2014) (third alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
- STATE OF NEW JERSEY VS. SHADE COOPER (16-12-1211, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued November 10, 2020 – Decided Before Judges Yannotti, Haas, and Natali. On appeal from the … the roadway. She assumed Jocelyn's car collided with an oncoming truck. Defendant continued on Georgetown Road past … State v. Nelson, 173 N.J. 417, 460 (2002) (alterations in original) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
- njcourts.gov… Argued December 1, 2020 – Decided Before Judges Haas, Mawla and Natali. On appeal from the … expenses. Defendant also argued the project was poorly completed. The court, after a non-jury trial, determined … [its] intent and meaning.'" Ibid. (alteration in original) (quoting Conway v. 287 Corp. Ctr. 25 A-0207-19 …
- njcourts.gov… Argued December 9, 2020 – Decided March 12, 2021 Before Judges Whipple, Rose, and Firko. On appeal from the … 15, 2019 Law Division order dismissing their amended complaint with prejudice against defendants The Great Jewel … States v. Scurry, 193 N.J. 492, 504 (2008) (alteration in original) (quoting Flagg v. Essex Cty. Prosecutor, 171 N.J. …
- njcourts.gov… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the possibility that: 1) progress payments for items completed early may result in the unpaid project balance … considered unresponsive." (First and third alterations in original). Thus, the judge rejected Montana's interpretation …
- njcourts.gov… IN THE MATTER OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR APPROVAL AND AUTHORIZATION TO CONSTRUCT AND OPERATE THE … location of the pipeline, [and] the amended route as it was originally proposed, and we had asked the company to move …
- njcourts.gov… A-1004-17 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001) FOR THE INSTALLATION AND OPERATION OF THE SOUTHERN … 454 N.J. Super. 508, 518 (App. Div. 2018) (alteration in original) (quoting State v. Davila, 443 N.J. Super. 577, 584 …
- njcourts.gov… v. BEDNAR LANDSCAPING SERVICES, INC., CHRISTOPHER NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … statutory bar to a third-party action under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-8, we affirm the Law … and health of [defendant's] workers.'" Ibid. (alteration in original) (quoting Laidlow, 170 N.J. at 621). The Court …
- njcourts.gov… Argued May 24, 2021 – Decided June 30, 2021 Before Judges Messano, Hoffman, and Suter. On appeal from the … primary residence. The parties considered their ability to communicate and share all the needs of [Adele], and further … of witnesses." Cesare, 154 N.J. at 412 (alterations in original) (other citations omitted) (quoting Pascale, 113 …
- njcourts.gov… Argued March 17, 2021 – Decided July 20, 2021 Before Judges Accurso, Vernoia, and Enright. On appeal from … (CPTA) which, in relevant part, states: 10. RELIGIOUS COMMITMENT: a. [Plaintiff] and [defendant] agree and are … The written amplification is signed by the judge who originally scheduled the motions for a plenary hearing and …
- STATE OF NEW JERSEY VS. JONATHAN PEREZ (11-12-2992, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Law Division, Atlantic County, Indictment No. 11-12-2992. Before Judges Hoffman and Geiger. Brian P. Keenan, Assistant … birthday. Defendant was charged with acts that, if committed by an adult, would have constituted first-degree … 289 N.J. Super. 61, 70 (App. Div. 1996) (alteration in original) (quoting Sainz, 107 N.J. at 294). Defendant …
- njcourts.gov… of the court was delivered by OSTRER, P.J.A.D. In this commercial contract dispute, we consider whether an … Clicking on the "Terms & Conditions" link brought the visitor to a document entitled "Machinery Terms and … [Alpert, Goldberg, 410 N.J. Super. at 533 (alteration in original) (quoting 4 Williston on Contracts § 30:25 (Lord …
- STATE OF NEW JERSEY VS. KYLE M. GRESAK (20-01-0013, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … General memorandum addresses cases involving out-of-state visitors who are arrested while in possession of firearms … conscience." [Fuentes, 217 N.J. at 70 (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364–65 …
- njcourts.gov… Argued September 29, 2021 – Decided October 26, 2021 Before Judges Whipple, Geiger and Susswein. NOT FOR … unable to speak with Sarah, who was in a medically induced coma. Quainoo spoke to Jared at the hospital. Jared … Servs. v. L.L., 201 N.J. 210, 227 (2010) (alteration in original) (quoting E.P., 196 N.J. at 104). We owe no …
- njcourts.gov… v. 349 ASSOCIATES, LLC, Defendant-Appellant, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … but from a different vantage point, the inter-related commercial mortgage loans that the Bank of China ("the … confused about this April 25th meeting. Q. Go ahead. A. My original testimony talked about we were going to prepay …
- njcourts.gov… COUNTY IMPROVEMENT AUTHORITY, and STATE OF NEW JERSEY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was not a part of the approved design. Construction was completed in 1995, with the Department's resident engineer … by the plan or design of public property, either in its original construction or any improvement thereto, where such …
- STATE OF NEW JERSEY VS. RODNEY SMILEY (15-10-2434, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued October 18, 2021 – Decided December 22, 2021 Before Judges Sumners and Vernoia. On appeal from the Superior … or (2) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count … State v. Abdullah, 184 N.J. 497, 515 (2005) (alteration in original). Here, the multiple convictions support …
- njcourts.gov… (A-3415-18) November 29, 2021 – Decided January 6, 2022 Before Judges Messano and Enright. NOT FOR PUBLICATION WITHOUT … reached for his own gun and trained it on Williams. Johnson commanded Williams to show his hands and not to move. … v. Chenique-Puey, 145 N.J. 334, 341 (1996) (alteration in original) (quoting State v. Pitts, 116 N.J. 580, 601-02 …