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… Submitted March 3, 2021 – Decided March 30, 2021 Before Judges Fuentes and Firko. On appeal from the Superior … a violation of probation (VOP) because defendant failed to comply with the terms of his supervision. Because of his … to the community is likely to result from the person being placed on probation. [Drug Court Manual at 16.] Unlike …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Submitted January 19, 2021 – Decided March 17, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … and capricious or unreasonable, with the burden of proof placed on the plaintiff challenging the action." Dunbar …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-4526-18T3 BOB MEYER COMMUNITIES, INC., Plaintiff-Appellant, v. OHIO CASUALTY … September 14, 2020 – Decided October 5, 2020 Before Judges Messano and Smith. On appeal from the Superior … in any of the subject homes, and when such damage took place." Ibid. Plaintiff and defendants thereafter filed …
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… Submitted May 11, 2020 – Decided June 1, 2020 Before Judges Geiger and Natali. On appeal from the Superior … the State agreed to dismiss the remaining charges and to recommend a five-year sentence with forty-two months of parole … him that he could serve ten years and that discussion took place prior to his plea. Judge Toto rendered a written …
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… Argued June 9, 2021 – Decided July 23, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … from Judge Robert J. Mega's May 22, 2020 amended order compelling her to sell a single-family home in Plainfield … contract. 3 A-3732-19 The November 14 closing did not take place because Futrell failed to appear. She then obtained a …
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… Argued December 17, 2019 – Decided Before Judges Fisher, Gilson and Rose. On appeal from the … He also acknowledged that the sexual intercourse had taken place both at the apartment where the family lived and at a … immigration status. He contends that that violation was "compounded" when the trial court applied the same ruling to …
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… Respondent-Respondent. Argued January 22, 2020 – Decided Before Judges Gilson and Rose. On appeal from the Board of … as a senior corrections officer for the Juvenile Justice Commission. The facts pertaining to that event are … of a traumatic event that is a. identifiable as to time and place, b. undesigned and unexpected, and c. caused by a …
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… Submitted January 21, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … LIABLE FOR THE ELUDING UNDER THE STATE'S THEORY OF ACCOMPLICE LIABILITY, THAT CONVICTION MUST BE VACATED. … IT ALLOWED [OFFICER] SIMPSON TO TESTIFY AS A SURROGATE IN PLACE OF THE ACTUAL CRIME SCENE INVESTIGATOR WHO PROCESSED …
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… Argued March 10, 2020 – Decided April 28, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … 2C:25-17 to -35 (the PDVA). The judge concluded defendant committed harassment, N.J.S.A. 2C:33-4, a predicate act of … Super. 424, 443 (App. Div. 2015). The TRO shall remain in place until the remand hearing is completed. Because the …
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… Submitted January 29, 2020 – Decided March 20, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … and searched. The officers also stopped the Accord and placed both of its occupants under arrest after learning … and clear exposition of the issues). This error is further compounded by the fact that the trial judge failed to …
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… Submitted September 16, 2019 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … for the reasons expressed by Judge Philip E. Haines in his comprehensive written decisions. The underlying facts and … as suspect and untrustworthy,” therefore the burden is placed squarely upon the defendant to prove the recantation …
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… Submitted September 9, 2019 – Decided Before Judges Sabatino and Geiger. On appeal from the Superior … ordered the men to show their hands. Everyone but defendant complied. Defendant began running away from the officers, … also hopped the fence, tackled defendant to the ground, and placed him under arrest. Wilkie-Guiot recovered the handgun. …
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… DIVISION DOCKET NO. A-2972-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF W.W., SVP-86-00. ________________________ … Submitted December 4, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … a January 28, 2019 Law Division order continuing his civil commitment to the special treatment unit (STU), the secure …
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… CITY, Defendants. _____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 6 A-1940-17T1 does not protect "officers who are plainly incompetent in the performance of their duties or who … 640 (1987)). "In other words, 'existing precedent must have placed the statutory or constitutional question' confronted …
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… Argued September 29, 2020 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … a January 2, 2020 order denying their motion to dismiss the complaint and compel arbitration. Defendants also appeal from two related …
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… Submitted September 16, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … prior order entered on October 26, 2018. The October order compelled defendant to contribute to the college expenses of … in Judge Yolanda C. Rodriguez's thorough oral decision as placed on the record on December 21, 2018. We add only the …
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… Submitted January 21, 2021 – Decided May 12, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … and thorough written opinion. We add only the following comments. A jury found defendant guilty of second-degree … AND THE VALIDITY OF ARREST[] INCLUDING THE REFUSAL TO PLACE NEW PROBATION SENTENCE ON RECORD WITH COURT. POINT VII …
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… Submitted April 12, 2021 – Decided May 3, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … from his conviction for second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1).1 He primarily … a "Waiver of Rights" form and noting that because "the only place provided for one to sign the form came after the …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to impair his reputation and took the substantial step of communicating the threats to H.R.'s representative for the … was a fact issue concerning whether the defendant actually placed the calls while located in New Jersey, the issue of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to defendant TD Bank, N.A., and dismissing plaintiff's complaint asserting APPROVED FOR PUBLICATION April 10, 2018 … cause of action for discrimination based upon race in any "place of public accommodation." N.J.S.A. 10:5-12(f); Turner …