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… LLC, Plaintiff-Appellant, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Respondent, v. … LLC ("BCP"). The Dobie Plantation Condominium Complex was originally operated by a company called the Dobie Plantation … "[i]f the real estate taxes were unpaid" or "an occupant or visitor were injured by a dangerous condition on the …
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… Argued (A-2765-18) and Submitted (A-2860-18) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of second- degree possession of a handgun in the course of committing a drug crime, N.J.S.A. 2C:39-4.1(a) (counts nine, … harmless beyond a reasonable doubt.'" Ibid. (alteration in original) (quoting Chapman, 386 U.S. at 24). We cannot …
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… Argued February 28, 2022 – Decided March 15, 2022 Before Judges Fasciale and Vernoia. On appeal from the … was under twenty-six years of age at the time the crime was committed, N.J.S.A. 2C:44-1(b)(14). Unpersuaded by … a de facto arrest occurs, the particularized suspicion that originally supported the investigatory detention is no …
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… KOO KIM, individual, and STEPHANIE KIM, individual, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plaintiff Port-Man-GB Associates, LLC, $180,230 and to complete the remediation of the shopping center property.1 … be kept, observed or performed by Tenant, and one executed original of such instrument, together with the address of …
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… Submitted March 21, 2022 – Decided April 13, 2022 Before Judges Mayer and Natali. On appeal from the Superior … Indictment 16-12-1542 On July 31, 2016, defendant and two companions, Rshan White and Shawn Wright, were shot in … the surveillance camera video. Upon returning to the original room for further questioning, a detective asked …
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… Argued March 22, 2022 – Decided June 1, 2022 Before Judges Currier, DeAlmeida and Smith. On appeal from the … allow discovery regarding late-discovered evidence and to accommodate jurors' vacation plans, a careful review of the … in trial or because the trial was extending longer than originally planned. The judge informed the jury that the …
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… Argued May 11, 2022 – Decided June 20, 2022 Before Judges Hoffman, Whipple, and Susswein. On appeal from … argues in a pro se supplemental brief that the prosecutor committed misconduct during both the charging process and at … opportunity for cross-examination.'" Ibid. (alteration in original) (quoting Crawford v. Washington, 541 U.S. 36, …
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… instruct the jury regarding the prosecutor's improper comments during closing argument. Finally, he argues we … After the jury began deliberations, the trial court revisited defense counsel 's application, but ultimately … 26 A-3550-19 contemporaneously." Ibid. (alteration in original) (quoting State v. Marshall, 199 N.J. 602, 611 …
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… Argued February 3, 2022 – Decided July 25, 2022 Before Judges Haas, Mawla, and Mitterhoff. On appeal from the … in 2008 as senior director of a new health economics outcome research (HEOR) department within its oncology … means we will likely miss the "deadline" that Christi had originally set for an August completion, it will also send a …
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… Submitted September 27, 2021 – Decided July 18, 2022 Before Judges Sumners, Vernoia and Firko. On appeal from the … "approximately two years" and she had caused a "loss to the company" in the millions of dollars. After her interview … be admitted under the rule, "the proponent shall make the originals or duplicates available for examination or …
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… Submitted February 9, 2022 – Decided August 31, 2022 Before Judges Gilson, Gooden Brown and Gummer. On appeal from … defendant. The three witnesses, two of whom were only forthcoming after their own arrests on unrelated matters, gave … v. Lykes, 192 N.J. 519, 537 (2007) (first alteration in original) (citation omitted) (quoting State v. Lopez, 187 …
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… Argued November 17, 2021 – Decided August 26, 2022 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … with a forty-year period of parole ineligibility, comprised of two consecutive sentences. The convictions … '" Jenkins, 182 N.J. at 124-25 (second alteration in original) (quoting Hightower, 146 N.J. at 254). "We …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … by the Office of the Public Defender. The judge compounded his error by misapplying State v. King, 210 N.J. … the State dismissed fifty percent of the twelve charges originally listed under Indictment 12-01-208. The prosecutor …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … seminal opinion in Nichols v. American National Insurance Company, 154 F.3d 875 (8th Cir. 1998). A qualified expert is … concern that some of the findings may not be of true nerve origin. [(Emphasis added).] At this point, the expert …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … tier classification under Megan's Law; and (4) whether a recommendation by the Judiciary's Pretrial Services Program to … Given this additional information, the court modified its original ruling. It determined that, because defendant and …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … with defendant outside his home. Based on the intercepted communications and the surveillance, officers obtained a … meant: I will allow Detective Fox to be questioned as originally I thought, that being that he's going to be …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … issue of what statute of limitations applies to a common-law invasion of privacy claim arising out of a … sued defendants, pleading various related theories. In his original complaint, plaintiff alleged invasion of privacy …
BERNICE PISACK, ETC. VS. B&C TOWING, INC., ET AL. VS. THE CITY OF NEWARK EPTISAM PELLEGRINO, ETC. VS. NICK'S TOWING SERVICE, INC., A-5668-16T3 ET AL. CHRISTOPHER WALKER, ETC. VS. ALL POINTS AUTOMOTIVE & TOWING, INC., ET AL. (L-6501-13, L-1606-17 AND L-792
Opinions
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… THE CITY OF NEWARK, Third-Party Defendant-Respondent. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Accordingly, we issue a consolidated opinion to address the common questions presented by these appeals. Having reviewed … the same manner.'" Lee, 203 N.J. at 520 (alterations in original) (quoting Iliadis, 191 N.J. at 108-09). Depending …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … The State agreed to dismiss the remaining charges and recommend that the court sentence defendant to a term of eight … of the hearing, the judge noted that the FRO hearing was originally scheduled for July 5, 2012, but it was adjourned …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of each week." The court found that the sentence would accommodate his work schedule and promote his success on … sentences. L. 1978, c. 95. Although not included in the original proposed revision of the New Jersey criminal law, …