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… Submitted August 1, 2017 – Decided Before Judges Hoffman and Currier. On appeal from the Commissioner of Education, Docket No. 122-6/15. Michael A. … We decline to discuss this argument at length, as the ultimate resolution of these issues has no bearing on …
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… Four occupants got out of the car and all but one ran away. The officer was able to detain a female passenger. The … "MATCHED" ITEMS TAKEN BY THE ROBBERS WAS INAPPROPRIATE ULTIMATE-ISSUE TESTIMONY, UNHELPFUL TO THE JURY, AND HIGHLY … Jury Charges (Criminal), "Flight" (2010). 12 A-5597-14T1 together with eluding, resisting arrest, and obstruction in …
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… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … effective date of the PSL amendment, so defendant was always governed by the requirement that he be sentenced to …
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… EVERETT, PETER FERRO, GLENN VAN PELL, STEVE POLLACK, LISA MCCOMSEY, CHRIS ROSATI, GERRY RODELLI, SHEREE ROBINSON, PAUL … OCBA was the lead defendant in this matter. Therefore, the ultimate decision on whether plaintiffs would be reinstated was always going to be made by an entity named as a defendant in …
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… hands, and when he tried to take Shayna back, L.B. jerked away and hit the infant's face on the door. Shayna spent five … investigated the cause of her facial bruising and swelling; ultimately, they concluded she sustained a "facial … On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … and applied a factual analysis and conclusion to each. Ultimately, he found "the affirmative presence of all five" … the crime against [J.A.] was committed several blocks away at [a different address] in Irvington." Clearly, the …
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… of driving an unregistered automobile on a public highway, N.J.S.A. 39:3-4. We affirm. We derive the following … to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably … 490 U.S. 1, 7 (1989) (quoting Terry, 392 U.S. at 27). Ultimately, "courts will not inquire into the motivation of …
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… the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … defendant became "antagonistic" and attempted to "twist away" from Officer Lay. Defendant stated the object was his … of the plain feel doctrine, the court did not make the ultimate determination whether this exception could justify …
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… Argued January 10, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … consider a certification containing hearsay statements by company officers discussing an explicitly discriminatory … like plaintiff, sued defendant for age discrimination, but ultimately lost in arbitration. Sperman's certification, …
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… R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … occurred. The witness also said that he saw the men drive away in a green car, and he obtained the license plate number … 387 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
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… returned back to Cedar Hill. On January 12, 2009, Joseph complained of left side weakness and back spasms. He was … fed him solid food, which led to cardiopulmonary arrest and ultimately, his death on March 12, 2009. Joseph's wife filed … pursuant to this act. We have held that neither section bestows upon an individual the unbridled right to bring a …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFFORD MOORE, Defendant-Appellant. ___________________________ … See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … that obviated the need for her to testify, which the judge ultimately enforced 13 A-1661-14T4 out of judicial economy …
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… POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; LIRO ARCHITECTS AND ENGINEERS WEST, PC, a New … of Thornton Tomasetti, Inc., Defendants-Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that exceeded rebuttal of the defense experts' reports. Ultimately, the judge agreed that portions of the …
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… stabbed Davis a second time. Defendant testified he backed away, but Davis again hit him in the head with the bottle. … against admission of the knife, which the trial judge ultimately rejected. 6 A-2291-16T4 On defendant's claim that … it was unlikely that Douglas "would have been more forthcoming" with details concerning the incident than he was …
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… Argued October 24, 2017 – Decided Before Judges Hoffman and Mayer. NOT FOR PUBLICATION WITHOUT … he walked across an intersection in Pleasantville. Tyrone ultimately died from his injuries on February 8, 2014, after … that CURE insured. On December 8, 2014, plaintiff filed a complaint in the Law Division, Atlantic County, against …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … amend her counterclaim and for leave to file a third-party complaint against plaintiff's son and daughter, which the … 352 N.J. Super. 245, 264 (App. Div. 2002). They have "the ultimate responsibility of conducting adjudicative …
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… Submitted December 5, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … of a child, and third-degree criminal sexual contact, and ultimately pled guilty to second-degree sexual assault. At … The trial court denied the motion on June 1, 2016. In a comprehensive written opinion, Judge Robert M. Hanna …
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… order entered on December 5, 2014, dismissing their amended complaint with prejudice for failure to provide discovery. … NPP would move its operations to Ridgid's facility in Wayne. Plaintiffs allege that under the partnership … R. 4:23-2(b)(3). "Since dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no …
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… in an unmarked vehicle in the parking lot of an apartment complex. The officers all recognized defendant from prior … all the evidence and arguments and who have deliberated together to reach a unanimous decision." State v. Lipsky, 164 … reached only after full participation of the 12 jurors who ultimately return a verdict; that this right may only be …
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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … Only Argument calendar. See R. 2:9-11. The Supreme Court ultimately denied defendant's reinstated petition for … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported …