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… two sawed-off shotguns. They also seized several bags of vegetation, a Detroit Lions jacket, a wallet, and a pocketbook … the additional evidence probably would have affected the outcome, regardless of whether it is characterized as … 'have some bearing on the claims being advanced.'" State v. Ways, 180 N.J. 171, 188 (2004) (quoting Henries, 306 N.J. …
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… Submitted November 14, 2023 – Decided December 1, 2023 Before Judges Mayer and Paganelli. On appeal from the Board of … physical therapy for his injuries through workmen's compensation. Hurley also treated with several worker's … lack certain mental faculties which cannot be explained by way of a medical evaluation. According to Dr. Filippone, …
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… Submitted November 9, 2023 — Decided December 14, 2023 Before Judges Vernoia and Walcott-Henderson. On appeal from an … the birth of the child, plaintiff filed his initial pro-se complaint for divorce. In the complaint, plaintiff alleged … that show he is the father of the minor child were in some way fraudulent. Plaintiff fails to sufficiently explain how …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … requires us to determine whether a putative class action complaint seeking to claw back funds paid by a debtor in … principle, "is left to judicial discretion." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. 231, 238 (App. Div. …
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… to second-degree unlawful possession of a handgun after completing plea forms with plea counsel. In response to … just like to add, for purposes if the matter is ever revisited in the immigration context, that I have been in … during the plea hearing. For these reasons, we part ways with the PCR judge's finding that the record …
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… and the two responding officers. The judge found defendant committed the predicate acts of simple assault, N.J.S.A. … on November 22, 2021, she and defendant were in her car together when he became "enraged," drove dangerously, … unsupported or inconsistent with the evidence in such a way that the interests of justice were offended. Rather, the …
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… and was primarily used to ensure the children were completing their homework. Although the victim had never … residence: one in the victim's bedroom and one in the hallway, which is shared by the entire house. The hallway 3 … as follows: "The statute that I will read to you, read together with the indictment, identifies the elements which …
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… Argued January 8, 2025 – Decided February 18, 2025 Before Judges Rose, DeAlmeida and Puglisi. On appeal from the … order granting defendant Wells Fargo Bank, N.A.'s motion to compel arbitration and stay the proceedings. We reverse.1 I. … 444. If, "at least in some general and sufficiently broad way," the language of the clause conveys that arbitration is …
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… RONALD SHEA, Petitioner-Appellant, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … evidence" and question what proofs are required to overcome the "presumption" that properly addressed mail arrived … (quoting Herrmann, 192 N.J. at 27-28). Yet, "we are 'in no way bound by an agency's interpretation of a statute or its …
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… DIVISION DOCKET NO. A-0141-23 IN THE MATTER OF THE CIVIL COMMITMENT OF J.G. ___________________________ Argued December 3, 2024 – Decided January 16, 2025 Before Judges Smith, Chase and Vanek. On appeal from the … repeating things that she may have admitted before. In many ways, trying to do—say the things that can lead [J.G.] to a …
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… Argued January 7, 2025 – Decided January 27, 2025 Before Judges Susswein and Perez Friscia. On appeal from an … and defendant's person, because he believed defendant had committed CDS-related criminal offenses. The detective … first floor of the Suydam Street house and "any porch, hallway, laundry room, basement, garage, or other area where …
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… Argued December 17, 2024 – Decided January 31, 2025 Before Judges Smith and Vanek. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2023-1734 and 2024-189. Daniel J. … 1993), aff'd, 135 N.J. 306 (1994)). However, "we are in no way bound by the agency's interpretation of a statute or its …
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… Submitted June 5, 2024 – Decided June 26, 2024 Before Judges Currier and Vanek. On appeal from the Superior … night of the incident, as the witnesses were unwilling to come to court. Defendant testified on his own behalf. On … not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish." …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS LANDCOR HOLDINGS, L.P., Plaintiff, vs. … would lead to a duplication of time, costs, and efforts. Plaintiff asserts that amounts received by Individual … to be unduly complex or confusing. Eschle v. E. Freight Ways, Inc., 128 N.J. Super. 299 (Law Div. 1974); Fuschetti …
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… Argued March 18, 2025 – Decided March 25, 2025 Before Judges Firko and Bishop-Thompson. On appeal from the … A-0636-23 PER CURIAM Petitioner Robert Thuring, a judge of compensation, appeals from a September 21, 2023 final … mistakes, misrepresentations, or had been neglectful in any way. Moreover, we reject Thuring's argument that his case …
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… Submitted December 19, 2022 – Decided May 15, 2023 Before Judges Whipple, Smith, and Marczyk. On appeal from the … if he's going to take the witness stand. But either way, for him to . . . have that defense, which is . . . an … did or failed to do that [which] would have changed the outcome of trial." II. Defendant raises the following points on …
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… Plaintiff-Appellant, v. ATRIUM POST ACUTE CARE AT WAYNEVIEW, 2020 ROUTE 23 OPERATING COMPANY LLC, d/b/a ATRIUM POST ACUTE CARE OF WAYNEVIEW, KBWB … Argued February 14, 2023 – Decided May 15, 2023 Before Judges Susswein and Fisher. On appeal from the Superior …
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… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … issue at trial and "[t]here is no plausible, practical way to have the employee testify related to truthfulness … the testimony of the petitioner and other witnesses, together with any stipulation of the parties, and after such …
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… Argued May 21, 2024 – Decided June 13, 2024 Before Judges Smith and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 10-12/22A. Oded … See N.J.A.C. 1:1- 12.5(b). For these reasons, we part ways with the Commissioner's finding that substantiated …
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… Submitted October 2, 2024 – Decided October 17, 2024 Before Judges Mayer and Rose. On appeal from an interlocutory … battery. While doing so, a shopping bag fell from the same compartment, which appeared to contain a handgun. Police … constitutional and enforceable." Id. at 511. Stated another way, the other provisions of N.J.S.A. 2C:58-4 were not …