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… defendant had a reasonable expectation of privacy in the common areas of his residence, and it was unreasonable for … in question." Johnson, 171 N.J. at 208 (alteration in original) (quoting Texas v. Brown, 460 U.S. 730, 737 … area of Trenton. A-2490-17T4 15 landlord, deliverymen and visitors." Ibid. Other courts, however, have held that …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … In exchange for the guilty plea, the State agreed to recommend a sentence of eight years in prison, subject to the … "[do y]ou want a lawyer?" [204 N.J. at 626 (alteration in original).] A-2485-19 18 The Court further explained, …
njcourts.gov
… Submitted December 7, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the Tax … Zoning Board of Adjustment categorized plaintiff as "a community service organization not operated for profit" and … N.J. Super. 383, 388 (App. Div. 2005) (second alteration in original) (quoting Town of Bloomfield v. Acad. of Med., 47 …
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… Submitted April 19, 2021 – Decided June 28, 2021 Before Judges Rothstadt and Susswein. On appeal from the … N.J.S.A. 2C:43-7.2. Defendant contends the prosecutor committed misconduct by failing to instruct the grand jury … v. Perez, 219 N.J. 338, 356 (2014) (alterations in original) (quoting State v. Hill, 199 N.J. 545, 560–61 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the assessment on the Holensteins' residence. In his complaint, plaintiff alleged he was "aggrieved and … of validity,4 "regardless of . . .his motivations." 4 "Original assessments . . . are entitled to a presumption of …
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… judge's refusal to consider [defendant]'s request to revisit the identification issue was improper. POINT II THE IDENTIFICATION INSTRUCTION WAS INCOMPLETE, RESULTING IN PLAIN ERROR THAT DEMANDS REVERSAL. … as to shock the judicial conscience." [Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
njcourts.gov
… Submitted September 10, 2025 – Decided September 30, 2025 Before Judges Gooden Brown and Torregrossa- O'Connor. On … defendant, "you and your attorney, if you get one, will come to my courtroom." On June 24, 2024, newly retained … J.D., 207 N.J. at 477 (fourth alteration in original) (quoting Hoffman, 149 N.J. 564 at 577). The court …
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… Argued May 20, 2025 – Decided July 2, 2025 Before Judges Sabatino, Gummer, and Jacobs. On appeal from the … Noah Mosley appeals from two orders dismissing his complaint with prejudice and an order denying his … successfully completing his term of probation he was originally sentenced to. This case was a tragedy and …
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… Argued March 18, 2025 – Decided August 7, 2025 Before Judges Sumners and Bergman. 1 Improperly pled as … Restaurant Depot and Vida Café, Inc. and dismissing their complaint against both defendants. After our de novo review … legal principles, we affirm. I. After filing their original complaint alleging negligence against Restaurant …
njcourts.gov
… Submitted January 23, 2025 – Decided April 29, 2025 Before Judges Marczyk, Paganelli and Torregrossa- O'Connor. On … Inc. (Zeta Psi) summary judgment and dismissed her complaint with prejudice. The April order granted … lawfully upon the land." Id. at 491-92 (alteration in original). The Court in Shields also considered a second …
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njcourts.gov
… DIVISION DOCKET NO. A-4484-08T2 RELIASTAR LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. ROGER SMITH and AON RE, … the Pool incurred a much greater risk than the parties had originally intended. Rejecting much of the … under which he would decline to appear." The trial court revisited the issue four weeks into the trial, finding that …
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njcourts.gov
… « Citation DataOriginal Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the Board), appeals the summary judgment dismissal of his complaint, which alleged retaliation actions in violation of …
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njcourts.gov
… Argued June 1, 2022 – Decided June 28, 2022 Before Judges Fisher, DeAlmeida and Smith. On appeal from the … defendant argues the following points: POINT I THE COURT COMMITTED PLAIN ERROR WHEN IT FAILED TO VOIR DIRE THE JURY … First, this was not a bifurcated trial where the charges originated from the same incident. Here, there was a …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Run-Mays Draft, LLC, a West Virginia limited liability company, operating as a Chapter 11 Debtor-in-possession, … __, 134 S. Ct. at 755, 187 L. Ed. 2d at 634 (alteration in original) A-0922-15T4 10 (quoting Goodyear, supra, 564 U.S. …
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njcourts.gov
… Argued March 1, 2022 – Decided August 25, 2022 Before Judges Fisher, DeAlmeida and Smith. On appeal from the … no contact with A.S. On October 11, 2018, A.S. was at a combination liquor store and bar in Neptune where he … was retaliating was ____________." Ibid. (alterations in original). The victim's prior service as a witness is an …
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njcourts.gov
… Argued February 1, 2022 – Decided April 22, 2022 Before Judges Fisher, Currier and DeAlmeida. On appeal from … and February 2018, a man, later identified as defendant, committed a series of robberies in Camden County while … '" State v. L.H., 239 N.J. 22, 43-44 (2019) (alteration in original) (citing Miller, 76 N.J. at 403). One permissible …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … PER CURIAM This appeal concerns a condominium that was completed in 1988, and litigation that was not instituted … by N.J.S.A. 2A:14-1.1. On remand, if after considering his original opinion the judge concludes that defendants are not …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … as a condition of serving probation. The sentence was comprised of consecutive 180-day terms of imprisonment with … sentences under State v. Yarbough, 100 N.J. 627 (1985). Originally argued on the excessive sentencing calendar, the …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2019-6582. Edward J. Magram … avoid the appearance of bias or prejudice based upon the [original] judge's prior involvement with the matter and his …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … DATED A-1418-17T4 11 OCTOBER 24, 2012 (50%), AS TENANTS IN COMMON, Defendant-Appellant, and FIRST NATIONWIDE MORTGAGE … protect structures and people located inland. The revetment originally dates back to the 1800s, consisting of stone …