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… Argued January 15, 2019 – Decided May 13, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … arbitrary and capricious because it was unsupported by the facts and based upon incorrect legal conclusions; (3) the … children's best interest; and (4) the award failing to comport with the parties' property settlement agreement …
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… Submitted May 9, 2022 – Decided July 11, 2022 Before Judges Rothstadt and Mayer. On appeal from the Superior … (3) improperly denied plaintiff an opportunity to amend her complaint and to "retain a medical malpractice attorney"; … mother or her mother's other surviving heirs . The salient facts taken from the record are summarized as follows. In …
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… Submitted May 16, 2022 – Decided June 14, 2022 Before Judges Rose and Enright. On appeal from the Superior … 1 N.J.S.A. 2C:43-7.2 is the No Early Release Act, commonly referred to as NERA. 3 A-4289-19 four-year prison … II THE COURT'S IMPROPER FAILURES TO ADDRESS MITIGATING FACTORS AND CONDUCT A YARBOUGH[3] ANALYSIS RENDER …
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… Submitted June 15, 2020 – Decided July 1, 2020 Before Judges Fisher and Fasciale. On appeal from the Superior … Jr., presided over trial, entered judgment, and rendered a comprehensive written opinion. Around the age of sixteen, … because the mother planned to house both children together. Third, the mother's expert testified that she was in …
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… Submitted May 12, 2020 – Decided July 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … with the following offenses: second-degree conspiracy to commit theft by deception and financial facilitation, … from defendant and five detectives. We derive the following facts from the suppression motion record. In July 2010, the …
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… Submitted February 4, 2020 – Decided March 3, 2020 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that second judgment of guardianship. We affirm. I. The Facts We begin with a summary of the pertinent facts, which … In September 2017, the Division filed its guardianship complaint in this matter. That same month, the mother gave …
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… HURSA, Deceased. Submitted December 4, 2019 – Decided Before Judges Koblitz, Whipple and Mawla. On appeal from the … to quash a subpoena served to the information technology company GCS Consultants; two April 25, 2018 orders entering … claims against . . . Melissa . . . are based upon factual allegations of use, occupancy and control of the …
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… Argued January 6, 2020 – Decided February 7, 2020 Before Judges Sabatino, Geiger and Natali. On appeal from the … appeals from a March 25, 2019 Chancery Division order compelling binding arbitration of a grievance filed by … conscientious attendance an important criterion of satisfactory job performance. The privilege of district …
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… FAMILY ASSOCIATES 2, LLC, Plaintiff-Appellant, v. MEDFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT, … Although coffee shops are allowed in the pertinent Community Commercial ("CC") zone in Medford, the zoning … I. Since we are remanding the case, we need not detail the facts and procedural history at length. The following …
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… Argued April 20, 2020 – Decided April 16, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … [Holdings]." The plan also created a "Wind Down Oversight Committee" charged with overseeing liquidation of the … against the law firms, but it received only one unsatisfactory bid. After the committee "decided to abandon the …
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… Argued September 15, 2021 – Decided October 15, 2021 Before Judges Hoffman and Susswein. NOT FOR PUBLICATION … for the reasons explained in the trial judge's comprehensive and detailed written opinion. Judge Gaus aptly … admitting to a therapist that they were still living together but keeping their relationship "hush hush." On …
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… Argued September 16, 2021 – Decided October 8, 2021 Before Judges Alvarez, Haas, and Mawla. On appeal from the … sentence of life without parole he was already serving. The facts relevant to the charges are not relevant to our … should about the charges, creating "an inference that [he] committed [the crimes] . . . ." He also claimed he …
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… Submitted September 27, 2021 – Decided October 27, 2021 Before Judges Rothstadt, Mayer, and Natali. On appeal from the … that denied his motion to terminate his obligations under Community Supervision for Life (CSL),1 N.J.S.A. 2C:43-6.4, … 24, 2020 and July 16, 2020 written decisions. The salient facts are generally undisputed and are summarized from the …
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… a mental illness or developmental disability; In order for you to find the defendant guilty of this charge, the … if one acts with knowledge, if one acts consciously, if he comprehends his/her acts. A person acts recklessly with … acted toward the victim of the assault … is a question of fact for you the jury to decide. Purpose and knowledge and …
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… recklessly and causes...bodily injury to another. In order for you to find the defendant guilty of this crime, the … In any event, you may consider the evidence that he/she committed [a] motor vehicle offense[s] in deciding whether … cases the charge will have to be adapted to fit the facts. � N.J.S.A. 2C:12-1c provides: "As used in this …
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… and causes...serious bodily injury...to another. In order for you to find the defendant guilty of this crime, the … ] … In any event, you may consider the evidence that he/she committed [a] motor vehicle offense[s] in deciding whether … cases the charge will have to be adapted to fit the facts. � N.J.S.A. 2C:12-1c provides: "As used in this …
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… DISARMING A LAW ENFORCEMENT OFFICER … N.J.S.A. … 2C:12-11 … (a) … & … (b) … … is charged by County _________ of the indictment with committing the crime of disarming a law enforcement officer. … the defendant acted toward the officer is a question of fact for you the jury to decide. Knowledge is a condition of …
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… THE WELFARE OF A CHILD … (PORNOGRAPHY) … (Applies to crimes committed after August 14, 2013) … N.J.S.A. … [RESUME MAIN CHARGE] … Distribute means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, … available via the Internet or by any other means, whether for pecuniary gain or not. It also includes an agreement or …
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… THE WELFARE OF A CHILD … (PORNOGRAPHY) … (Applies to crimes committed after August 14, 2013) … N.J.S.A. 2C:24‑4b(5)(b) … … the item possessed or be aware of his/her control thereof for a sufficient period of time to have been able to … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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… degree; establishes civil animal cruelty penalties therefor. CURRENT VERSION OF TEXT As introduced. S3146 SINGLETON, … fighting or baiting of a dog; [or] 22 (6) gambles on the outcome of a fight involving a dog ; or 23 (7) owns, possesses, … live pigeon, fowl or other bird for the purpose of a 29 target, or to be shot at either for amusement or as a test of …