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… DIVISION DOCKET NO. A-4011-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF P.P., SVP-711-15. _________________________ … Submitted April 5, 2017 – Decided July 18, 2017 Before Judges Simonelli and Gooden Brown. On appeal from the … to accept all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, …
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… 2015 Special Civil Part order dismissing with prejudice his complaint against defendants Cherry-Parke Condominium … receivables were approximately $400,000 out of an annual budget of approximately $570,000." The portfolio manager … file a claim for frivolous pleading sanctions. The judge ultimately determined plaintiff had no right to bring this …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … In exchange for defendant's guilty plea, the State recommended a ten-year sentence on Count One and a seven-year … a reasonable likelihood that his or her claim will ultimately succeed on the merits," and thus did not …
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… RAMSEY, and V BOYS RAMSEY HOLDING, LLC, a Limited Liability Company of the State of New Jersey, Defendants-Respondents. … Wawa gas station and convenience store on State Highway 17 in the Borough of Ramsey. Plaintiffs, Ramsey … the rendering of service or sale of goods directly to the ultimate consumer" and (2) "[p]ublic garages and service …
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… Submitted February 7, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … (count nine); second-degree possession of a firearm while committing a violation of N.J.S.A. 2C:35-5 or -7, N.J.S.A. … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… M.D., and Syed Ammer Shah, M.D., and dismissing plaintiff's complaint with prejudice. The motion judge denied … consider plaintiff's opposition and, in any event, the ultimate sanction of dismissal was unwarranted. Finally, she … 6.1 on R. 2:5-1 (2018) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., …
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… two men in dark clothing running, later walking, south and away from the street where the shots were fired. Their faces … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … His statement was prejudicial because he opined on the ultimate issue of the case: whether defendant was the …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN W. PETTIFORD, a/k/a JEFFREY A. PETTIFORD, Defendant-Appellant. … found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… her position in the passenger seat while defendant drove away. At the same time, Woods was on duty in his unmarked … not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … to enter into drug court probation from which he was ultimately terminated but not returned to prison. 1 On the …
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… Submitted October 6, 2020 – Decided Before Judges Yannotti, Mawla, and Natali. On appeal from the … for Spadaccini attested to similar academic and personal accomplishments of his client. He stated that she is currently … it to be a trivial offense. 195 N.J. Super. at 467, 477. Ultimately, "[t]he goal of a judge in exercising judicial …
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… Submitted September 22, 2020 – Decided Before Judges Fisher and Gummer. On appeal from the Superior … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … and "attacked by a stranger in his house." Defendant ultimately was charged with first-degree robbery, second- …
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… a computer at th[at] time." She acknowledged she did not always complete her assignments but attributed this to her … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … (citing Andersen, 89 N.J. at 493). "[P]laintiff retains the ultimate burden of 10 A-4237-19 persuasion at all times; …
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… distribution network in Ocean County. SOG detectives ultimately arrested defendant and conducted a strip search … seek extended-term sentences for either offense and to recommend consecutive terms of ten years, with a five-year … seized without a warrant, the State must file a motion, together with a brief and a statement of facts. The defendant …
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… and Mitterhoff. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1498. Kamensky Cohen & … his drug testing, referral for treatment, and his ultimate termination. They also testified about the drug … Ibid. (second alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 580 (1980)). The burden of …
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… on November 13, 2007. Based upon defendant's lack of income, the Agreement provided that plaintiff would pay … and K.R. celebrating holidays and taking vacations together "fail[ed] to show that the couple ha[d] undertaken … attempted to resolve the issues before filing a motion, but ultimately concluded that because plaintiff failed to …
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… but claimed she was threatened her children may be taken away if she refused to testify. When the prosecutor asked her … her mentation was normal, lucid, and she was able to follow commands. . . . The nurse's report had similar notes … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… the revenue it was 5 A-5548-16T2 receiving from T-Mobile. Ultimately, Atlanta Trading informed Crosslink that it did … litigation has not terminated, an interlocutory order is always subject to revision where the judge believes it would … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted November 7, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … and the humiliation he had caused to himself and others. Ultimately, the judge concluded the mitigating factors …
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… by police officers. In 2007, M.A. was involuntarily committed to a hospital for psychiatric evaluation and … for the Board to conclude that these statutes, when read together, do not allow creditable service for the period that … pending against him. Even though the disciplinary charges ultimately were dismissed through a settlement agreement, …
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… Submitted March 8, 2021 – Decided May 7, 2021 Before Judges Rothstadt and Susswein. On appeal from the … 2C:15-2(a)(1), (2), and (4)2; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … counsel ignores the fact that the trial judge, not counsel, ultimately controlled the plea colloquy and was required to …