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… Argued January 23, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … we find just cause for the seizure of the bag, we part company with the motion judge and conclude the search of the … considered to be in plain view if it can be seized without compromising any interest in personal privacy. Because …
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… Submitted December 11, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … that the denial of a reasonable adjournment request compelled reversal. On this point, defendant urges us to … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… Submitted February 13, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The …
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… Submitted December 14, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … 10-05-0834. Joseph E. Krakora, Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the … brief). Christopher S. Porrino, Attorney General, attorney for respondent (Carol M. Henderson, Assistant Attorney …
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… Submitted March 1, 2018 – Decided May 4, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from … acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … 19, 2016, the prosecutor responded to the ACDM's recommendation and noted his office's agreement with her …
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… Argued April 24, 2018 – Decided May 3, 2018 Before Judge Reisner, Hoffman and Gilson. On appeal from … In the summer of 2007, plaintiff filed a divorce complaint. That July, defendant obtained a temporary … A-1103-16T2 the TRO, finding defendant's domestic violence complaint "frivolous." Before the divorce was finalized, the …
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… Submitted May 21, 2018 – Decided June 12, 2018 Before Judges Rose and Firko. On appeal from Superior Court of … the pertinent facts set forth in Judge H. Matthew Curry's comprehensive written opinion denying defendant's admission … a bookkeeper at the Land of Make Believe in Hope, defendant committed multiple acts of theft from her employer, …
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… Submitted May 16, 2018 – Decided May 31, 2018 Before Judges Manahan and Suter. On appeal from Superior Court … N.J.S.A. 2C:11-3(a)(1); first-degree murder during the commission of a crime, N.J.S.A. 2C:11-3(a)(3); first-degree … for defendant's plea agreement, the State agreed to recommend a sentence of ten years in New Jersey State Prison, …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2171-17T2 BOB MEYER COMMUNITIES, INC., a New Jersey corporation, … Plaintiff-Appellant, v. OHIO CASUALTY INSURANCE COMPANY, and AMERICAN FIRE AND CASUALTY COMPANY, … Submitted April 16, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior …
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… Argued April 23, 2018 – Decided May 15, 2018 Before Judges Sabatino, Ostrer and Rose. On appeal from … UIM policy form. I. The underlying facts are uncomplicated and essentially undisputed. On November 15, … coverage corresponding to her settlement with Rite Aid. She points out that the UIM statute, N.J.S.A. 17:28-1.1, does …
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… Submitted February 26, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Plaintiff filed a motion for a new trial raising two points. She argued that although the judge ruled pretrial … that Dr. Robbins' testimony was properly limited to comparing MRIs of plaintiff's two shoulders in support of …
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… DOCKET NO. A-0256-17T2 HSBC BANK USA, NA, as trustee for NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE … 1, 2007. On February 14, 2008, HSBC filed a foreclosure complaint in the Chancery Division. A month later, on March … on March 24, 2008, contesting HSBC's standing to file the complaint. The assignment of the mortgage to HSBC was …
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… Submitted April 9, 2019 – Decided June 18, 2019 Before Judges Yannotti and Rothstadt. On appeal from Superior … on the brief). PER CURIAM Broadway Insurance and Surety Company (Broadway) appeals from an order entered by the Law … to Broadway of the bail forfeiture. Broadway thereupon commenced an investigation to locate defendant. It learned …
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… Argued February 11, 2019 – Decided May 23, 2019 Before Judges Haas and Sumners. On appeal from the New Jersey Department of Community Affairs, Agency Docket No. OCA 211-17. Howard … Attorney General, attorney for respondent Department of Community Affairs (Dominic L. Giova, Deputy Attorney …
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… Argued May 6, 2019 – Decided May 14, 2019 Before Judges Sabatino, Haas and Susswein. NOT FOR PUBLICATION … in Judge Axelrad's decision. We add only the following comments. We are satisfied that commencing with the … A.G., "those efforts did not bear fruit." Ibid. All other points raised on appeal by defendant lack sufficient merit …
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… Submitted May 14, 2018 – Decided May 13, 2019 Before Judges Ostrer and Whipple. On appeal from Superior … discretion or error of law in the trial court's cogent and comprehensive opinion. The trial judge reconsidered the four … HER MOTION TO WITHDRAW HER PLEA. 4 A-4461-15T1 Defendant revisits each of the four factors, focusing on the court's …
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… Argued January 7, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. NOT FOR … of Child Protection and Permanency (the Division) filed a complaint and order to show cause against defendant S.H., … initials and pseudonyms pursuant to Rule 1:38-3(d)(12). The complaint also named as defendants O.C., the father of all …
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… DOCKET NO. A-1826-17T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee on behalf of the holders of the WAMU … Argued November 9, 2018 – Decided March 20, 2019 Before Judges Simonelli and DeAlmeida. NOT FOR PUBLICATION … on July 1, 2014. Plaintiff Deutsche Bank National Trust Company, as Trustee for WaMu Mortgage Pass-Through …
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… Submitted May 30, 2019 – Decided August 2, 2019 Before Judges Accurso and Moynihan. On appeal from the … claims he was released, December 24, 2014.2 In the court's combination "opinion and order," it stated that defendant … allowing [d]efendant to refile the motion following the completion of his appeal" which had been filed before the …
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… Submitted April 27, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … contended the assistant prosecutor made prejudicial comments during her summation that warranted reversal. … an order from prison 4 A-3488-15T2 Defendant argued these comments denied him a fair trial. We disagreed, determining …