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… Submitted September 13, 2022 – Decided October 5, 2022 Before Judges Geiger and Berdote Byrne. On appeal from the … the jury's conclusion that plaintiff did not suffer a compensable injury as a result of the accident is reasonable … than not that the conduct of the defendant was a cause in fact of the result.'" Townsend v. Pierre, 221 N.J. 36, 60-61 …
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… Submitted December 4, 2023 – Decided December 20, 2023 Before Judges Mawla and Marczyk. On appeal from the Superior … Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … the search for intoxicants "appears to be an after-the-fact justification to validate the warrantless vehicle …
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… Submitted March 6, 2023 – Decided March 22, 2023 Before Judges Mitterhoff and Fisher. On appeal from the … the applicable aggravating and mitigating sentencing factors to determine the term of defendant's sentence, … moderate weight. There is a risk that this defendant will commit another offense. Although the defendant indicates …
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… Submitted April 26, 2023 – Decided July 31, 2023 Before Judges Haas and DeAlmeida. On appeal from the Superior … but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … defendant's reliance on McCoy was misplaced because the facts of his case do not fall under McCoy. The court noted …
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… Argued May 9, 2023 – Decided June 26, 2023 Before Judges Gilson and Perez-Friscia. On appeal from the … a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … Risk Assessment Scale (RRAS) scores imposed under factor 3, the age of the victim, and factor 13, employment …
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… Argued May 20, 2024 – Decided May 28, 2024 Before Judges Mawla, Marczyk, and Vinci. On appeal from the … WAS EXCESSIVE (NOT RAISED BELOW). We need not repeat the facts at length because the parties are familiar with them, … 1 Miranda v. Arizona, 384 U.S. 436 (1966). 4 A-2094-22 not comply with the Supreme Court's holding in State v. Tillery, …
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… LIEUTENANT BARRETT, Defendants-Respondents, and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … upon Marks's unopposed motion to dismiss the third-party complaint against him; and (4) a March 5, 2019 order … dated June 26, 2019, which painstakingly details the factual and procedural history of this matter, Judge Harz …
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… CLIFFS, Defendants. ___________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … New Jersey (collectively, defendants) and dismissing their complaint with prejudice. We affirm. On March 16, 2019, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Argued March 11, 2025 – Decided March 20, 2025 Before Judges Gooden Brown and Chase. On appeal from the … it does not specifically prejudice defendant's defense. Doggett v. United States, 505 U.S. 647, 656 (1992). Moreover, … "'[t]he New Jersey judiciary is, as a matter of policy, committed to the quick and thorough resolution of DWI …
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… Submitted May 17, 2023 – Decided June 1, 2023 Before Judges Vernoia and Natali. On appeal from the Superior … In a detailed and thorough written statement of reasons accompanying the order, the court determined defendant's PCR … exercise of reasonable diligence could have discovered, the factual predicates on which she based her claims more than …
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… Plaintiff-Appellant, v. STARSTONE SPECIALTY INSURANCE COMPANY, Defendant-Respondent, and WILSHIRE INSURANCE … LLC, d/b/a O'HARA'S DOWNTOWN, Defendant-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to interrogatories and admissions on file, 7 A-2345-21 together with the affidavits, if any, show that there is no …
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… Submitted April 8, 2024 – Decided April 30, 2024 Before Judges Marczyk and Chase. On appeal from the Board of … until May 2021. She was ultimately hired by the DEP and commenced working at her new position on September 25, 2021. … its statutorily delegated responsibility and defer to its fact-finding. City of Newark v. Nat. Res. Council in Dep't …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … under Rule 4:41-1, because "this [litigation] is a complex matter with voluminous discovery justifying the need … be borne 'by a party or parties.'" In re Intel Corp. Microprocessor Antitrust Litig., 562 F. Supp. 2d 606, 610 (D. …
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… APPELLATE DIVISION DOCKET NO. A-0418-23 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN- … INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-1, ASSET- BACKED … default." Accordingly, the judge found no genuine issue of fact regarding the default. The judge denied defendants' …
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… Argued November 4, 2024 – Decided December 3, 2024 Before Judges Sabatino and Berdote Byrne. On appeal from the … with the record, we need not describe the facts here comprehensively. The following summary will suffice for our … plaintiff nor defendant is able to fully meet his or her budget based upon his or her own income. Additionally, the …
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… Argued October 16, 2024 – Decided October 31, 2024 Before Judges Chase and Vanek. On appeal from the Superior … PTI Program Director ("PTI Director"). We affirm. I. The facts are taken from the motion record. On October 24, 2020, … Center. There, staff determined that she was in a Glasgow Coma Scale score 3 coma (the most severe), exhibiting zero …
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… Submitted April 15, 2024 – Decided May 17, 2024 Before Judges Gilson, Bishop-Thompson, and Jacobs. On appeal … that any future conveyance of the aforesaid property commonly known and designated as 771 Allison Court, … toward the purchase price shall be returned to Buyer, together with the actual costs of the title search and the …
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… Argued November 14, 2024 – Decided December 10, 2024 Before Judges Mayer, Rose and DeAlmeida. On appeal from the … 250 N.J. 502 (2022). We incorporate by reference the facts detailed in our prior opinion. L.L., slip op. at 5-11. … a medical procedure that day. Ibid. Defendant voluntarily accompanied police to headquarters, where he gave a Mirandized …
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… Argued October 10, 2018 – Decided October 25, 2018 Before Judges Hoffman, Suter and Firko. On appeal from … extensive, albeit unsuccessful, efforts to help Nancy overcome her substance abuse issues and reunite her with her … 337, 348 (1999). "The considerations involved are extremely fact sensitive and require particularized evidence that …
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… 972 S BROADWAY, Plaintiff-Appellant, v. MASSARI SERVICE COMPANY LLC, WILMINGTON SAVINGS FUND SOCIETY FSB, DELAGE … Argued April 4, 2019 – Decided April 29, 2019 Before Judges Simonelli and Firko. NOT FOR PUBLICATION WITHOUT … abuse of discretion standard, but make our own findings of fact. In re Phillips, 117 N.J. 567, 578 (1990); see also …