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… Submitted October 16, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … the victims. Defendant, Yebes, and Dominguez were tried together, and were found guilty of all charges. The trial … was ineffective for failing to object to the prosecutor's comments and to the lack of written instructions on …
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… Submitted May 16, 2019 – Decided June 27, 2019 Before Judges Simonelli and Whipple. On appeal from the … filed a notice of tort claim, and on July 9, 2015, filed a complaint in the Law Division against the DOC. The DOC moved … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted May 9, 2019 – Decided June 24, 2019 Before Judges Simonelli and Whipple. On appeal from the New … seven years for burglary, attempted burglary, conspiracy to commit burglary, eluding and theft. These various … parole and established a twenty-nine-month FET based on the facts and circumstances of the offenses and Eli's prior …
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… Submitted June 6, 2019 – Decided June 13, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … In exchange for defendant's plea, the State agreed to recommend a twenty-two year term of imprisonment on count one, … 3:21-10(b)(3). In addition, defendant failed to assert any facts showing good cause and that his application was "the …
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… Submitted February 7, 2018 – Decided May 30, 2019 Before Judges Fuentes and Koblitz. On appeal from Superior … from two orders entered by the Law Division dismissing his complaint challenging a tax abatement awarded by the City of … by an oral opinion in which she explained the legal and factual basis for her ruling. R. 1:7-4(a). Judge Mitterthoff …
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… Submitted June 19, 2018 - Decided Before Judges Simonelli and Koblitz. On appeal from Superior … counts in the three indictments. We glean the following facts from the suppression hearing. On January 19, 2015, at … Spitale was a passenger in an unmarked police car accompanied by three other officers. He saw defendant, who …
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… Defendant-Appellant. Submitted May 31, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … until approximately 6:00 p.m. because he wanted to complete the work on the building. During the video recorded … of Oyekunle's identification was not undermined by the fact he was presented the two photographs of defendant. …
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… Argued January 7, 2019 – Decided Before Judges Sabatino, Sumners and Mitterhoff. On appeal from … 8, 2018 post-remand opinion. We add only a few amplifying comments. The Tax Court appropriately enforced the statute … the parties' submissions inform us that Nuckel did, in fact, file timely 5 A-5495-17T1 motions to intervene in …
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… 1 The father R.E. defaulted and does not appeal. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … abuse programs for Tina, who was unable to successfully complete any rehabilitative program. She continued to test … 154 N.J. 394, 411-12 (1998), and we are bound by its factual findings so long as they are supported by sufficient …
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… DIVISION DOCKET NO. A-5637-17T1 CITIBANK N.A., AS TRUSTEE FOR WACHOVIA LOAN TRUST 2005-SD1 ASSET-BACKED CERTIFICATES, … Argued March 20, 2019 – Decided April 5, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … to plaintiff Citibank N.A. We affirm. We take the following facts from the record. This matter arises from a mortgage …
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… initials to maintain confidentiality. R. 1:38-3(d)(12). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … persons are not able to adopt the child, the surrender becomes 'void' and the parental rights of surrendering … 154 N.J. 394, 411-12 (1998), and we are bound by her factual findings so long as they are supported by sufficient …
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… Submitted November 5, 2018 – Decided Before Judges Fasciale and Gooden Brown. On appeal from … on the loan. In 2012, Wells Fargo filed this foreclosure complaint. On appeal, defendant argues generally that Wells … we conclude that there are no disputed genuine issues of fact and that Wells Fargo had standing to file the …
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… Submitted December 10, 2018 – Decided Before Judges Messano and Fasciale. On appeal from Superior … INEFFECTIVE ASSISTANCE OF COUNSEL BY FAILING TO PRESENT A COMPLETE DEFENSE. We affirm. In our unpublished opinion … to the warrant requirement. Id. at 8-9. We summarized the facts leading to defendant's arrest as follows: A State …
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… Argued March 6, 2019 – Decided April 2, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … on the denial of his suppression motion. The trial judge's factual findings are supported by substantial credible … patrolling Texas Avenue in Atlantic City after receiving complaints from neighbors and construction workers about …
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… Submitted June 28, 2016 – Decided Before Judges Espinosa and Grall. On appeal from the … Mervilus was charged with and convicted of crimes committed in Elizabeth. Elizabeth police officers … courts' preference for harmonizing statutes so they "work together"). The Attorney General's denial of indemnification …
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… Submitted November 9, 2017 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … trials. Although defendant did not testify, he called both fact and expert witnesses. In his PCR appeal, defendant … cross-examination of pivotal witnesses; 6) failure to communicate a plea offer to petitioner;1 7) failure to move …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Haas. On appeal from the Superior … is limited. R. 1:36-3. November 13, 2017 2 A-1181-16T3 compel entry into the Gloucester County pre-trial … all the material defendant submitted as well as the factors set forth in N.J.S.A. 2C:43-12, Rule 3:28, and the …
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… Submitted October 10, 2017 - Decided Before Judges Messano and Accurso. On appeal from the Superior … sustain defendant's burden, we affirm. Following a robbery committed with a co-defendant in which the victim was struck … young children that [he] support[ed], that the mitigating factors would be found in [his] favor," and he "would be …
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… Submitted October 17, 2017 – Decided Before Judges Fisher and Fasciale. On appeal from the Superior … October 27, 2017 2 A-2257-15T1 This foreclosure action was commenced in 2012. In its complaint, plaintiff Kearny … for denying Grace's earlier motion to intervene. In fact, the second judge only determined, for reasons that …
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… Argued April 25, 2017 – Decided Before Judges Espinosa and Grall. On appeal from Superior … LaGrotta, of counsel and on the brief). PER CURIAM After communicating online for several months, the parties met for … In its oral decision, the court reviewed each of the factors relevant to a custody determination set forth in …