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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 … On March 24, 2011, on the date set for sentence, the judge placed on the record that defendant communicated by letter …
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… Submitted December 20, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … June 27, 2018 2 A-3305-16T3 possession of a handgun while committing a drug-related offense, N.J.S.A. 2C:39-4.1(a). … 3 Miranda v. Arizona, 384 U.S. 436 (1966). 8 A-3305-16T3 place, and 'by asking him if he is willing to answer some …
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… Defendant-Appellant. Submitted April 18, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … allowed the sentencing to proceed because he would only be placed on probation and would be released that day, whereas … establish that counsel had failed to provide effective and competent assistance, as required by the first prong of …
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… Argued February 14, 2017 – Decided Before Judges Espinosa and Suter. On appeal from the New … Assistance Program (PAP), following a number of patient complaints. In October 2011, while represented by counsel, … Board and a guarantee that no further conditions would be placed on her license and no further psychological testing …
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… Argued July 6, 2017 – Decided July 18, 2017 Before Judges Yannotti and Haas. On appeal from Superior Court … injury, N.J.S.A. 2C:12- 1(b)(7). The State agreed to recommend a term of non-custodial probation and dismissal of … on April 29, 2016. After hearing oral arguments, the judge placed her decision on the record. The judge noted that …
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… Argued December 15, 2016 – Decided Before Judges Hoffman and O'Connor. On appeal from the Civil Service Commission, Docket No. 2014-52. Mark W. Catanzaro argued the … internal affairs officer testified Kenney "could have been placed in different areas of the facility if the …
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… Argued November 30, 2016 – Decided Before Judges Alvarez and Accurso.1 On appeal from Superior … R. Taylor Ruilova argued the cause for respondents (Comegno Law Group, P.C., attorneys; Mr. Ruilova and Brandon … THE INFORMATION SOME 14 MONTHS AFTER THE DISCUSSIONS TOOK PLACE. C. SHORT, INCOMPLETE SENTENCE NOTATIONS TYPICALLY …
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… DIVISION DOCKET NO. A-1791-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF A.F., SVP-689-14. … arousal." Dr. Canataro stated that appellant's test scores placed him in the moderate range of psychopathic tendencies, … (1978)). The trial court's decision "should be accorded 'utmost deference' and modified only 7 A-1791-14T2 where the …
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… Submitted February 16, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … 181 N.J. 391, 419 (2004) (quoting Manalapan Realty v. Twp. Comm., 140 N.J. 366, 378 (1995)). To prevail on a claim of … the prosecutor asked the jury to "put themselves in the place of the alleged victim," and requested a mistrial. The …
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… Submitted May 15, 2017 – Decided May 30, 2017 Before Judges Yannotti and Gilson. On appeal from the Board of … Thereafter, Pelczar never returned to work. Initially, A&E placed Pelczar on medical leave and Pelczar obtained three … then testified that her employer informed her that the company did not have any light-duty work available for her. …
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… received a diagnosis of mesothelioma as a result of workplace exposure to asbestos and succumbed to his illness … at the facility. The facility contained a six- building compound. Asbestos-containing products were manufactured … as courts have recognized "proof of direct contact is almost always lacking" in these matters. Ibid. (citation …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … final judgment dismissing with prejudice her third-party complaint against BRAC. Judge Philip C. Carchman 1 Plaintiff … a Commerce Bank card Roman had provided, and then charged almost $12,000 on Roman's Capital One . . . credit card for …
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… Argued November 29, 2016 – Decided Before Judges Messano and Guadagno. On appeal from the … appeal from the January 19, 2016 order dismissing their complaint with prejudice after trial. Plaintiffs own a … and retail store only, and the residential units will place additional strain on the facility. Plaintiffs also …
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… Submitted February 2, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … of a June 6, 2014 order dismissing his fifth amended complaint with prejudice, and other orders. After reviewing … be filed to a newly filed complaint and discovery to take place before any dispositive motions are allowed to be …
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… Submitted January 24, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … controlling behavior, although the parties continued to communicate. In early October 2016, the parties argued about … made it clear she wanted to end the relationship, and accompanied defendant to her dormitory room so he could …
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… Argued October 16, 2017 – Decided Before Judges Messano, Accurso, and Vernoia. On appeal from … the . . . Tribunal decision due to a mistake in law or computation thereby affecting the legal conclusion of the . … Tribunal failed to consider N.J.A.C. 12:17-10.1(f), which places the burden of proof on the employer 3 A-5106-15T1 "to …
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… Defendant-Appellant. Submitted January 24, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … think I can do a better job than [defense counsel] when it comes to representing myself. But, if I make mistakes, then … of the pretrial conference at which the matter was placed on the trial list, nor do we know the date it was …
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… Argued January 30, 2018 – Decided Before Judges Leone and Mawla. On appeal from the New Jersey … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2012-7875. Randolph Brause … based upon the greater weight of the evidence, and instead placed undue weight on Dr. Cole's testimony. Fairview also …
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… STATE TROOPERS FRATERNAL ASSOCIATION; STATE TROOPERS NON-COMMISSIONED OFFICERS ASSOCIATION; and STATE TROOPERS … Argued November 29, 2017 – Decided Before Judges Alvarez, Nugent and Currier. On appeal from the … suspension of that process, that agreement is no longer in place. Accordingly, based upon the express language in those …
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… Submitted December 18, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … the victim's associate fired a gun toward him. However, he placed himself at the scene of the crime and indicated there … stumbled just before he sat in his chair, but regained his composure. He appeared to understand the Miranda warnings …