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… Submitted January 18, 2023 – Decided February 8, 2023 Before Judges Gilson and Rose. On appeal from the Superior … first-degree robbery, and second-degree conspiracy to commit carjacking with A.W., an unindicted juvenile who pled … (slip op. at 3). We incorporate by reference the underlying facts, which were set forth at length in our prior opinion. …
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… Submitted February 7, 2023 – Decided February 24, 2023 Before Judges Gilson and Rose. On appeal from the Superior … April 21, 2021 award, we affirm. The underlying facts and procedural history are not complicated. From the spring of 2017 through the spring of …
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… Submitted January 25, 2023 - Decided March 1, 2023 Before Judges Currier and Bishop-Thompson. On appeal from the … being placed on probation . . . fail[ing] to perform any community service, [and] fail[ing] to make any payments," … the period of this probationary sentence and given the fact that you have now been convicted of aggravated …
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… Submitted September 20, 2022 – Decided October 6, 2022 Before Judges Sumners and Susswein. On appeal from the … officer discovered a sample of defendant's DNA in the Combined DNA Index System (CODIS) due to defendant's prior … defendant's second PCR petition, the judge considered the facts most favorable to the incarcerated defendant's filing. …
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… Submitted December 12, 2023 – Decided December 19, 2023 Before Judges Haas and Puglisi. On appeal from the Superior … We affirm. We incorporate the procedural history and facts set forth in our decision on defendant's direct appeal … BECAUSE TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO COMPLY WITH DEFENDANT'S INSTRUCTIONS NOT TO PURSUE AN ALIBI …
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… Submitted December 19, 2023 – Decided December 29, 2023 Before Judges Enright and Paganelli. On appeal from the … for the reasons set forth by Judge Sandra Lopez in her comprehensive written opinion. I. The evidence adduced at … after [he and a fellow inmate, Maurice Brown] were housed together as cellmates," Brown confessed to murdering Hayes. …
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… Submitted July 18, 2023 – Decided July 24, 2023 Before Judges Whipple and Mayer. On appeal from the Superior … than sixteen years old. In return, the State agreed to recommend a sentence of seven years in prison subject to a … During the plea colloquy, defendant established the factual basis for his plea. In addition, defendant stated he …
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… Submitted January 29, 2024 – Decided February 8, 2024 Before Judges Sabatino and Vinci. On appeal from the Superior … defendant 80% at fault for the accident and plaintiff 20% comparatively negligent. Those liability findings have not … attentiveness to the timing of plaintiff's recovery. In fact, as plaintiff's brief points out, the jury's $80,000 …
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… Argued May 30, 2023 – Decided June 20, 2023 Before Judges Whipple, Mawla and Smith. On appeal from the Tax … initially—amounted to a material misrepresentation. The complaint did not explain why UBS, as a tenant, should have … intentionally given up a known legal right. Scibek v. Longette, 339 N.J. Super. 72, 82 (App. Div. 2001). UBS sent two …
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… Submitted March 27, 2023 – Decided April 5, 2023 Before Judges Whipple and Smith. On appeal from the Superior … by the statute, and the State declared the plea unsatisfactory as a result. After consultation with counsel, … Are you telling me the truth that you are in fact guilty of committing the crime of second-degree endangering the …
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… Argued March 11, 2024 – Decided May 30, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … on those convictions. 3 A-1228-22 I. We discern the facts from the trial record. In doing so, we note that the … DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO …
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… Submitted March 18, 2024 – Decided April 4, 2024 Before Judges DeAlmeida and Bishop-Thompson. On appeal from … SINCE IT WAS FILED WITHIN ONE YEAR OF THE DATE ON WHICH THE FACTUAL PREDICATE WAS DISCOVERED. POINT II FAILURE TO FILE A … within the meaning of the rule. 5 A-2431-22 POINT V THE COMBINATION OF INEFFECTIVE ASSISTANCE OF COUNSEL, THE IMPACT …
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… Submitted February 5, 2024 – Decided April 11, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … In March 2020, DiGiovanni filed a claim for unemployment compensation, and he received benefits at the rate of $163 … the Board's decision misinterpreted and overlooked certain facts and failed to consider the totality of his …
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… Submitted November 15, 2023 – Decided December 5, 2023 Before Judges Firko and Vanek. On appeal from the Superior … its decision to grant plaintiff's motion and to compel the turnover of $2,471.10 from the joint account. 2 … by entirety shall be created when: a. A husband and wife together take title to an interest in real property or …
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… Argued February 10, 2025 – Decided February 19, 2025 Before Judge Sabatino, Gummer, and Jacobs. On appeal from an … against permitting the recording. 2 We are advised that the companion cases have resolved. 5 A-1046-24 Plaintiff moved … Plaintiff's bare allegations that he suffers from forgetfulness and impaired memory, there is no evidence set …
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… Argued May 1, 2023 — Decided May 10, 2023 Before Judges Whipple and Mawla. On appeal from the Superior … the amount due on the loan. In 2021, plaintiff filed a complaint in the Chancery Division and a summary judgment … forming part of the same transaction are interpreted together." Nester v. O'Donnell, 301 N.J. Super. 198, 210 (App. …
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… Division, Morris County, Municipal Appeal No. 22-011-F. Before Judges Whipple and Enright. George T. Daggett argued the cause for appellant. Robert J. Lombardo, … incident. Defendant's group took offense to the McCreerys' comments about driving drunk, perceiving a slight. The …
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… Argued June 1, 2023 – Decided October 5, 2023 Before Judges Accurso and Natali. On appeal from the Board of … event. See N.J.S.A. 43:16A-7(1). We affirm. The essential facts are undisputed. Castracane was working as a senior … employed as a corrections officer for the Juvenile Justice Commission for seventeen years. Castracane was assigned to …
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… Oak Road Voorhees, NJ 08043 856-616-2685 DENIED Attorneys for Plaintiffs Dental Health Associates South Jersey, P.A., … . ION :AND TESTIMONY OF RODNEY :CRAWFORD THIS MATTER having come before the Court upon the Plaintiffs' Motion for … the financial ability of the assignee to the satisfaction of the landlord. Landlord was given 30 days to …
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… ROBERT PEACH, ROBERT PEACH a/k/a BOB PEACH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … out of a residential real estate transaction. In their 2019 complaint, plaintiffs Dennis Gentile and Diane Gentile … to extend the discovery deadline for the completion of fact-witness depositions. The second granted defendants' …