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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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… JOHN COLASANTI, Petitioner-Appellant, v. NEW JERSEY RACING COMMISSION, Respondent-Respondent. … Argued August 2, 2021 – Decided August 31, 2021 Before Judges Mayer and Susswein. On appeal from the New … to one's sense of fairness."'" Id. at 28–29 (alteration in original) (quoting In re Polk, 90 N.J. 550, 578 (1982)). …
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… Submitted September 23, 2020 – Decided August 20, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … sentencing hearing because of an error that I made at the original sentencing hearing back in January, wherein I … it was only as to that charge. So I've asked everyone to come back, reconvene . . . so that I could correct that …
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… Argued August 2, 2021 – Decided August 16, 2021 Before Judges Sabatino, Mawla and Rose. On appeal from an … was crying so hard." Officer Courtney's first attempt to communicate with L.B. was to calm her, because she was … assistance." Id. at 827 (emphasis added) (alterations in original). By comparison, in Hammon v. Indiana, 547 U.S. 813 …
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… Submitted January 11, 2021 – Decided July 27, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … March 23, 2018 order dismissing with prejudice his complaint to set aside the last will and testament of his … Estate of Folcher, 224 N.J. 496, 512 (2016) (alteration in original) (quoting In re Estate 11 A-3890-18 of Stockdale, …
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… Submitted March 24, 2021 – Decided July 26, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Apartment, i.e., a residential zoning district, to accommodate a planned 275-unit development, with twenty … Id. at 68-69 (quoting N.J.S.A. 40:55D-68) (alterations in original). There is no suggestion by defendant that it …
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… Submitted March 31, 2020 – Decided May 14, 2020 Before Judges Yannotti and Hoffman. On appeal from the … Jury Charges B. Legal Argument POINT II THE JUDGE ERRED IN COMBINING THE JURY INSTRUCTIONS ON COUNTS THREE AND FOUR, … State v. Camacho, 218 N.J. 533, 554 (2014) (alteration in original) (quoting State v. Adams, 194 N.J. 186, 207 …
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… and DEUTSCHE BANK, f/k/a BANKERS TRUST COMPANY AS TRUSTEE UNDER THAT POOLING & SERVICING AGREEMENT DATED AUGUST 1, 1992 FOR RTC MORTGAGE PASSTHROUGH CERTIFICATES SERIES 1992-10, … the opportunity to acquire . . . property.'" (Alteration in original) (quoting Bron, 42 N.J. at 91-92)); see also Malone …
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… telephonically July 13, 2020 – Decided August 3, 2020 Before Judges Suter and Natali. On appeal from the Superior … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The trial court reduced … Med. Ctr., Inc., 141 N.J. 346, 356 (1995) (alterations in original). 16 A-5356-18T2 Here, as noted, the court clearly …
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… Submitted January 28, 2020 – Decided Before Judges Accurso and Gilson. On appeal from the Superior … is limited. R. 1:36-3. March 2, 2020 2 A-1627-18T4 David Compton was shot in the head while at the home of defendant … [State v. Miller, 237 N.J. 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 …
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… of first-degree robbery, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1. The … her written decision on the record, the judge declined to revisit defendant's application. 9 A-2228-17T2 omitted). … as to shock the judicial conscience.'" Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted March 16, 2020 – Decided April 14, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … children together. A dual judgment of divorce, with an accompanying matrimonial settlement agreement, was entered by … an ex-spouse's financial status." Id. at 118 (alteration in original) (quoting Lepis, 83 N.J. at 157). Under the …
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… Argued January 9, 2020 – Decided April 8, 2020 Before Judges Alvarez, Nugent and DeAlmeida. On appeal from … ratify" his forged signature on a personal guarantee for a commercial lease. The jury nonetheless found he did not owe … account so as to give third parties the impression it was originally authorized by him. This definition should not …
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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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… Submitted April 20, 2020 – Decided July 10, 2020 Before Judges Vernoia and Susswein. On appeal from the … also challenges his sentence, claiming that the prosecutor committed a gross and patent abuse of discretion by refusing … days of "gap time" from February 9, 2018 (the date of the original sentencing) to February 22, 2018 (the date of …
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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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… 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 …