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- A-3270-21 - DELMY MIGUEZ VS. SHOPRITE OF KEARNY, LLC (L-2146-19, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… Shoprite of Kearny, LLC, and dismissing her personal injury complaint. We affirm in part and reverse in part for the … when she slipped and fell in the deli aisle. She filed a complaint in the Law Division on May 31, 2019. Plaintiff … Fire Ins. Co., 234 N.J. 459, 472 (2018) (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
- njcourts.gov… for the reasons explained in Judge David M. Ragonese's comprehensive written opinions. I. We discern the following … State v. Slater, 198 N.J. 145 (2009). 3 A-1942-20 violence complaint seeking a restraining order. Later that day, … innocent people are not punished for crimes they did not commit.'" State v. Tate, 220 N.J. 393, 405 (2015) (second …
- njcourts.gov… constitutionally ineffective because he failed to properly communicate the plea offers during his trial. Based on our … the second issue was whether the plea was "effectively communicated" to defendant, the PCR court disagreed. It … Fitzsimmons, defendant's trial attorney, testified he communicated the State's plea offer to defendant just before …
- njcourts.gov… for the reasons set forth in Judge Linda Grasso Jones's comprehensive written decision. The parties are fully … in the townhome along with an undivided interest in the common facilities as a tenant in common with the other owners. Judge Grasso Jones found the …
- njcourts.gov… to its regulations, the Division required plaintiffs to complete Form A-3730 and provide a detailed explanation of … in unpaid tax. Solexis and Polymers each filed a complaint with the Tax Court, challenging these final … transactions or credit memoranda must be filed with a computer spreadsheet." Plaintiffs argue the requirement that …
- njcourts.gov… for a second rape, which he could not possibly have committed because he was in jail. Defendant believed that … in turn, cast doubt on the State's DNA evidence in the upcoming prosecution. According to Cancinos, he refused … filed his third petition for PCR, arguing the State committed a Brady1 violation by failing to produce a …
- A-2715-21 – STATE OF NEW JERSEY VS. W.P. (19-06-0847, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… Were Not Voluntarily Provided Because the Detectives Made Comments That Undermined His Miranda Warnings. II. THE … the mother's interview, she and J.M. were transported to Community Medical Center for a forensic medical examination. … to the United States Constitution and this [S]tate's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
- A-3560-21 – JEREMY BARATTA VS. CITY OF PERTH AMBOY (L-6116-20, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… City of Perth Amboy and dismissing with prejudice Baratta's complaint alleging that the city retaliated against him for … of an opponent of Diaz in the 2016 mayoral election and his company is a plaintiff in a lawsuit against the city and one … emotional distress.2 In 2020, Baratta filed an amended complaint in the Law Division alleging: (1) the city issued …
- njcourts.gov… and Rose. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1193. Michael S. Simitz argued … Attorney General, attorney for respondent Civil Service Commission (Paulina R. DeAraujo, Deputy Attorney General, on … from a January 23, 2023 final decision of the Civil Service Commission adopting the Administrative Law Judge's (ALJ) …
- njcourts.gov… of first impression regarding when the State may be compelled to provide field and health reports of narcotics … trial court's September 1, 2023 order denying his motion to compel discovery of records relating to narcotics detection … the rear bumper with the officer giving Jocko the starting command "patches on." While walking around the vehicle he …
- njcourts.gov… his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … 2 A-0793-22 also appeals from a November 4, 2022 order compelling disclosure of the laptop's passcode.2 We affirm … fourteen individuals. Detective Aitken indicated that communication data warrants (CDWs) were issued by the court …
- DePuy ASR Hip Implant Multi County Litigationnjcourts.gov… PA 19102 215.940.4000 Fax 215.636.3999 www.wilentz.com Please reply to: FREDERICK J. DENNEHY ROY H. TANZMAN' …
- STATE OF NEW JERSEY VS. FREDY A. ROSARIO (23-08-0771, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in exchange for defendant's plea to count one, agreed to recommend a three-year prison term with one year to be served … and attitude . . . indicate[d] that he was unlikely to commit another offense," N.J.S.A. 2C:44-1(b)(9), was … in accordance with a deferential standard." State v. Fuentes, 217 N.J. 57, 70 (2014); see also State v. Torres, …
- JASMIL RIVAS VS. BOARD OF REVIEW (DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT) - Unpublished Opinionsnjcourts.gov… COVID-19 they were informed by a Lincoln Tech director to come back to school because the students needed "hands on time" in the classroom; (9) she complained to her supervisor about the COVID-19 conditions but her complaints were never addressed; (10) she left work because …
- njcourts.gov… denied defendant's petition in a written decision accompanying her order of December 7, 2023. On appeal, … thorough and well-written decision. We add the following comments. I. In 1991, defendant was charged under Indictment … into a global plea agreement on both indictments, which recommended an aggregate prison term of seven-years with three …
- STATE OF NEW JERSEY VS. JOHN C. BAILEY, JR. (21-09-1209, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the Crime Were Satisfied and a Crime Was Therefore Committed. 3. The Defendant Must Be Resentenced Because the … notified the DNA samples matched defendant's DNA from the Combined DNA Index System (CODIS). Officers collected a … to dismiss the remaining counts of the indictment and recommend a sentence of twenty-five-years, subject to the No …
- njcourts.gov… judgment of conviction for attempted murder, conspiracy to commit murder, weapons offenses, and desecration of human … We incorporate the facts from our opinion in a companion case, State v. Sweeney, No. A-3186-21 (App. Div. … 2C:11-3 (counts one and two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:11-3(a) …
- njcourts.gov… of another). The charges stem from a November 2017 complaint made by the mother of defendant's child, who … filed his PTI application and included a statement of compelling reasons required by Rule 3:28-1(e)(3). He claimed … If ultimately denied admission into PTI, [S]tate will recommend a term of non-custodial probation, conditioned upon …
- STATE OF NEW JERSEY VS. JEROME L. GAYDEN (21-10-0676, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… gun, which was loaded with illegal ammunition. A search of computer records revealed that the gun had been reported … starting at 9:24 and 09 seconds p.m. The officers likewise come on a second later and the police vehicle is slowly … hopped out of the way so that he did not get hit by their oncoming vehicle. The [c]ourt does not credit the defendant's …
- STATE OF NEW JERSEY VS. DARIUS BECKETT (19-04-0535, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… which caused his death. After defendant was served with the complaint-warrant charging him with strict liability … In exchange for his guilty plea, the State agreed to recommend defendant be sentenced to an eight-year term of … aggravating factors three (the risk that the defendant will commit another offense) and nine (the need for deterring the …