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… Submitted May 25, 2021 — Decided June 10, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior … her own. In November 2018, M.C. filed a domestic violence complaint and following a trial received an FRO on December … COMMON- LAW DEFENSE OF NECESSITY. POINT IV: [DEFENDANT]'S ORIGINAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE. "The …
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… Argued September 15, 2020 – Decided Before Judges Fisher, Moynihan, and Gummer. On appeal from the … RECONSTRUCTION EXPERT AND BY THE PROSECUTOR'S IMPROPER COMMENTS DURING SUMMATION. Unpersuaded, we affirm. At trial, … 388 N.J. Super. 485, 500 (App. Div. 2006) (emphasis in original); see also N.J.S.A. 2C:2-3(c). We agree with the …
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… Submitted November 10, 2020 – Decided Before Judges Yannotti, Haas, and Natali. On appeal from the … MESSAGES. (Not Raised Below). POINT III THE PROSECUTOR'S COMMENTS DURING HER OPENING AND CLOSING DEPRIVED DEFENDANT … v. Garrison, 228 N.J. 182, 200 (2017) (first alteration in original) (quoting State v. Rose, 206 N.J. 141, 161 (2011)). …
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… Submitted December 7, 2020 – Decided Before Judges Rothstadt and Mayer. On appeal from the Superior … Doherty's motion for summary judgment, dismissing their complaint and denying their motion to reopen and extend … 39:6A-8. Thereafter the parties pursued discovery. The original discovery end date, February 18, 2019 was first …
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… ASSOCIATES, Defendants-Respondents/ Cross-Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … merits of her claims, we reverse and reinstate plaintiff's complaint. Defendants argue that a judge erred in … request an extension of the time for discovery within the original time period; and (4) the circumstances presented …
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… Submitted October 17, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … we affirm. I. A. Police charged defendant in a June 6, 2016 Complaint-Warrant (the first complaint-warrant) with … [State v. Simon, 161 N.J. 416, 444 (1999) (alteration in original).] 15 A-3096-17T1 Defendant argues his plea was …
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… Argued September 23, 2019 – Decided Before Judges Sumners, Geiger and Natali. On appeal from the … LLC filed a tax appeal disputing a 2017 tax assessment of income-producing property (the Property) located in the City … request for that information. [Id. at 7-8 (alteration in original) (citation omitted).] IV. The record demonstrates …
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… Argued on September 10, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from an … room to arrest defendant for a disorderly persons offense committed in their presence. When defendant opened the door, … on remand, this case presents no need for us to exercise original 13 A-3953-18T4 jurisdiction to reconcile the trial …
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… Argued October 24, 2018 – Decided November 8, 2019 Before Judges Nugent and Mawla. On appeal from the Superior … The parties acknowledged in the MSA that discovery was incomplete, there was an inherent risk in waiving further … filed multiple motions for the same relief, some after her original motion was denied in May 2017. Moreover, defendant …
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… Submitted May 2, 2022 – Decided July 7, 2022 Before Judges Messano and Enright. On appeal from the Superior … provide only a summary of the pertinent facts. The juvenile complaints against defendant were waived from the Family … on a parole warrant, the confinement is attributable to the original offense on which the parole was 6 Although the …
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… DIVISION DOCKET NO. A-4209-19 H and H MANUFACTURING COMPANY, INC., a/k/a H&H, Plaintiff-Respondent, v. MARK TOMEI, Individually and as Guardian ad Litem for VINCENT TOMEI, Defendants-Appellants, and ESTATE OF … intending no disrespect. 3 A-4209-19 I. This appeal has its origins in two actions that involve the control and …
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… Submitted November 15, 2021 – Decided February 2, 2022 Before Judges Rothstadt and Mayer. On appeal from the Superior … (Shawn), which the trial court entered after finding Bella committed the predicate act of harassment, N.J.S.A. … J.D. v. M.D.F., 207 N.J. 458, 473 (2011) (alteration in original) (quoting State v. Hoffman, 149 N.J. 564, 10 …
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… Argued January 5, 2022 – Decided January 14, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … Part proceedings. The parties married in 1992. Following a complicated pregnancy, Jerry was born in 2000. At age three, … I hereby certify that the foregoing is a true copy of the original on file in my office. _\ ~~ CLERK OF THE AP~TE …
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… (A-1875-19) October 13, 2021 – Decided February 28, 2022 Before Judges Currier, DeAlmeida and Smith. NOT FOR … issue on appeal. Patterson also argues his sentencing court committed error when it: applied a rebuttable presumption in … intent behind the [previous] act." Ibid. (alterations in original) (quoting James, 216 N.J. at 564). An ameliorative …
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… year. He also served as a board member of a sports drink company in which the parties invested $435,000 and received … [fifty-fifty]." The judge rejected defendant's request to revisit the alimony provision of the MOU because defendant did … appeared, or rethinks the effectiveness of his [or her] original legal strategy." DEG, LLC v. Twp. of Fairfield, 198 …
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… Argued March 3, 2022 – Decided March 15, 2022 Before Judges Haas and Mawla. On appeal from the Superior … raises the following contentions: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ISSUING A JURY CHARGE ON 3 … State v. Baum, 224 N.J. 147, 158-59 (2016) (alteration in original) (quoting State v. Reddish, 181 N.J. 553, 613 …
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… Submitted January 3, 2022 – Decided March 3, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … WITNESSES UNDERSTOOD THEIR DUTY TO TELL THE TRUTH AND WERE COMPETENT TO TESTIFY UNDER N.J.R.E. 601. (NOT RAISED BELOW). … State v. Abdullah, 184 N.J. 497, 515 (2005) (alteration in original) (quoting State v. Miller, 108 N.J. 112, 122 …
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… Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Respondent. Argued May 2, 2022 – Decided June 10, 2022 Before Judges Messano and Marczyk. On appeal from the Superior … 357 N.J. Super. 68, 71 (App. Div. 2003) (alteration in original) (quoting Mancini v. EDS ex rel. N.J. Auto. Full …
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… Submitted May 16, 2022 – Decided May 26, 2022 Before Judges Fasciale and Vernoia. On appeal from the … charge—attempted theft in the second indictment—and recommend defendant receive an aggregate five-year prison … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Submitted February 14, 2022 – Decided May 19, 2022 Before Judges Rothstadt and Natali. On appeal from the … 207 (1989)). Even "when inadmissible evidence erroneously comes before the jury, [we will] not order a new trial … v. Bolvito, 217 N.J. 221, 228 (2014) (second alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …