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… Submitted October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … burden of proof. Defendant's sentencing hearing took place on August 14, 2009. Defendant appeared with new …
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… Argued September 19, 2017 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Defendant's vehicle crossed the double line into oncoming traffic and collided head-on with another vehicle, … U.S. 1043, 89 S. Ct. 673, 21 L. Ed. 2d 593 (1969)). Here, placed in context, the prosecutor's comments regarding …
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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … 8 A-3225-15T3 2004, when all references to CSL were replaced with references to PSL. Id. at 437. "[A] close …
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… Submitted September 25, 2017 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … possession of a handgun while in the course of committing, attempting to commit or conspiring to commit the … court 10 A-4138-15T1 immediately thereafter read the requisite limiting instruction that the evidence of defendant's …
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… Argued October 26, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … this case are set forth at length in Judge Kimarie Rahill's comprehensive twenty-six-page written decision and need not … the field sobriety tests, Officer Cerro arrested him, placed him in his patrol car, and drove to the police …
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… Submitted May 31, 2017 – Decided Before Judges Messano and Grall. On appeal from the Superior … PER CURIAM In this civil action between former spouses on a complaint and counterclaim alleging "malicious prosecution" … his departure. When plaintiff left, he was going to his workplace to check his schedule for the next day, and he took …
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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from the … the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … seek to have the court determine whether a merger took place. As we have already explained, the arbitrator will …
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… NO. A-0523-15T2 WILLIAM S. BARNETT, Plaintiff-Appellant, v. COMMISSIONERS OF FIRE DISTRICT NO. 1 IN HARRISON TOWNSHIP, … Argued March 21, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … mootness before the judge. On January 30, 2014, the judge placed an extensive oral decision on the record comprising …
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… Submitted March 15, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … Martha Harris testified for the Division. Salima Gordon, a Community Engagement Specialist at the children's school, … complaint against M.D. Clemons returned to headquarters and placed defendant under arrest for aggravated assault and …
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… v. CANVAS HOUSE ANTIQUES AND DESIGN CENTER, INC., and PERRY FORD, Defendants-Respondents, and CHERYL FORD, … to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … and internal quotation marks omitted). Indeed, we generally place a high value on deciding cases on the merits. "A court …
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… OAKS DEVELOPMENT CORP., JOHN J. BRUNETTI, and MIDTOWN WATER COMPANY, Plaintiffs-Appellants, v. THE PLANNING BOARD OF THE … Argued March 6, 2018 – Decided Before Judges Yannotti, Mawla and DeAlmeida. On appeal from … system. According to plaintiffs, the storage tank will be placed in the least optimal location. Plaintiffs argue this …
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… Argued February 6, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … AND UNRELIABLE OUT- OF-COURT IDENTIFICATION AND THEN COMPOUNDED THE PROBLEM BY FAILING TO PROVIDE THE FACT … the out-of-court identification procedure, including the place where the procedure was conducted, the dialogue …
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… Submitted January 17, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from the Board of … in the Edison school district (Edison) following the Acting Commissioner of the New Jersey State Board of Education's … pension deductions taken and submitted. She was thereafter placed on an unpaid suspension." June 30, 2010 was, as the …
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… Submitted March 1, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … DISCRETION BY THE PROSECUTOR, AND THE PROSECUTOR'S DECISION COMPLETELY SUBVERTS THE GOALS UNDERLYING THE PTI PROGRAM; … that the prosecutor's reliance on Guideline 3(i)(4) was misplaced because "defendant's alleged actions [did] not …
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… Submitted March 20, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to … and found defendant's narrative incredible. Further, he placed significant weight on Dr. Medina's medical testimony, …
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… Submitted May 22, 2018 – Decided May 31, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … May 31, 2017 adjudication of delinquency for acts that, if committed by an adult would constitute first- degree … therapy program. In addition, the judge recommended C.G. be placed in a residential field program, complete anger …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of … hearing limited solely to the issue of cohabitation took place before a third judge on February 29, 2016. The judge …
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… ROZALIA RAAB, Petitioner-Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, SANDY RECOVERY DIVISION, … Argued May 3, 2018 – Decided May 14, 2018 Before Judges Haas and Gooden Brown. On appeal from the … of Need, 194 N.J. 413, 422 (2008). It is not our place to second-guess or substitute our judgment for that of …
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… Submitted May 8, 2018 – Decided June 6, 2018 Before Judges Yannotti and Mawla. On appeal from Superior … days a week while defendant did not have a steady job or income. Soon thereafter, Stathis moved out of her parents' … statement in summation that the murder did not take place in the victim's bathroom or apartment. Defendant notes …
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… Argued May 30, 2018 – Submitted Before Judges Hoffman, Gilson, and Mayer. On appeal from … which he articulates as follows: POINT I – THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FIRST INSTRUCTING THE JURY AS … whether the offenses occurred at different times or places, and whether they involve numerous or separate …