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… Submitted June 4, 2018 – Decided June 12, 2018 Before Judges Whipple and Rose. On appeal from Superior Court … the occupants of the store from leaving while two of his accomplices removed jewelry from the cases. Although he was … would be imputed to him since they all arrived in the car together and fled together that they were acting together. …
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… Submitted May 1, 2018 – Decided Before Judges Mayer and Mitterhoff. On appeal from Superior … 7, 2016, plaintiff Bergenline Avenue LLC filed a verified complaint for eviction against defendant pursuant to … of the evidence. "Our review of a judge's findings of fact in a bench trial is limited." Mountain Hill, LLC v. …
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… Submitted April 10, 2018 – Decided May 11, 2018 Before Judges Reisner and Gilson. On appeal from Superior … BEEN GRANTED BECAUSE AT ORAL ARGUMENT HE PROVED THAT THE FACTUAL PREDICATE FOR THE RELIEF SOUGHT COULD NOT HAVE BEEN … DEFENDANT WITH A FAIR PROCEEDING LEADING TO A JUST OUTCOME. We affirm the denial of defendant's second PCR …
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… Submitted January 22, 2019 – Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … against plaintiff.1 We affirm. We recite the relevant facts from the record. Valvano, Kramer, Smith, and Torres … and control the business, affairs, and operations of the Company[.]" 1 Kramer, Smith, and Torres asserted the …
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… Submitted January 15, 2019 – Decided Before Judges Geiger and Firko. On appeal from Superior Court … chronic obstructive pulmonary disease, morbid obesity, complex tachycardia, sepsis, hypotensive shock, and system … ability to present their case was not impaired; in fact we are persuaded this series of events inured to their …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … criminal sexual contact, N.J.S.A. 2C:14-3(a). He admitted committing the offenses between December 2009 and December … that the nature of the victim's development was a critical fact in ascertaining whether he engaged in an act of …
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… Submitted November 15, 2016 – Decided Before Judges Rothstadt and Sumners. On appeal from Superior … AGAINST ENTERING A GUILTY PLEA TO A CRIME HE DID NOT COMMIT, WERE VIOLATED. For the reasons that follow, we affirm. We glean the following facts and procedural history from the record. On August 2, …
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… Submitted March 6, 2017 – Decided Before Judges Nugent and Currier. On appeal from the Superior … principles of law, we affirm. We derive the following facts from the suppression motion record. In the week prior … saran wrap. 2 Lugo testified that tinted saran wrap is commonly used for the packaging of bulk heroin. 4 …
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… Submitted May 30, 2017 – Decided Before Judges Haas and Currier. On appeal from the Superior … 13-02-0305. Joseph E. Krakora, Public Defender, attorney for appellant (Stefan Van Jura, Deputy Public Defender II, … limited. R.1:36-3. July 6, 2017 2 A-0820-15T3 We derive the facts from the evidence presented at trial. Defendant lived …
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… FARAG Defendant-Appellant. Argued June 1, 2017 – Decided Before Judges Fuentes, Carroll and Farrington. On appeal from … have twin children who were born in 2011. Plaintiff filed a complaint for divorce in May 2014. On March 23, 2015, the … owe substantial deference to the Family Part's findings of fact because of that court's special expertise in family …
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… Submitted April 24, 2017 – Decided June 9, 2017 Before Judges Sabatino, Currier, and Geiger. On appeal from … more than eight stories and up to 130 feet in height. Other commercial property in the Journal Square core, designated … law and the legal consequences that flow from established facts are not entitled to any special deference."). We have …
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… Submitted December 20, 2016 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … (App. Div. June 30, 2011) (slip op. at 5).1 We detailed the facts underlying defendant's convictions in that opinion, … Id. at 5. The trial judge expressed dismay with the comment, asserting that it was improper for an opening …
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… Argued January 24, 2018 – Decided Before Judges Manahan and Suter. On appeal from Superior Court … a tenant on the leased property, we affirm. The Powells own commercial property located in Phillipsburg, New Jersey. … is proper where there is no genuine issue of material fact when the evidence is viewed in the light most favorable …
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… DIVISION DOCKET NO. A-3616-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.B., SVP-725-15. … Submitted January 24, 2018 – Decided Before Judges Nugent and Currier. On appeal from Superior … found no clear mistake or error in either the trial court's factual determinations or its legal conclusions. To the …
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… Argued November 14, 2017 – Decided Before Judges Fisher and Sumners. On appeal from Superior … judgment to the remaining defendants dismissing plaintiff's complaint, and denied plaintiff's cross-motion to file a … of the successful motion. Brill, 142 N.J. at 540. The facts as viewed in the light most favorable to plaintiff …
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… Submitted December 20, 2017 – Decided Before Judges Currier and Geiger. On appeal from the New … is limited. R. 1:36-3. January 22, 2018 2 These are the facts. On August 13, 1982, Bland committed a burglary and robbery of a residence where J.M., …
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… Submitted December 18, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … was false. . . . [M]y chief had told Mr. Brito . . . come to [the judge's courtroom] as the subpoena directs, and … attempting to establish an alibi[,] . . . the overwhelming facts of the case . . . flew in . . . the face of that." See …
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… Submitted March 6, 2018 – Decided Before Judges Fisher and Sumners. On appeal from Superior … Cesare, 154 N.J. 394, 413 (1998), and we are bound to their factual findings when supported by sufficient credible … experts. Though she noted that "none of the three experts recommended reunification at this time and each acknowledged …
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… Submitted March 5, 2018 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … On July 11, 2011, after a 1 Because defendants share a common surname, we use first names in order to avoid … Initially, the motion judge found the NOI "was in fact served . . . [and plaintiff] did not proceed to final …
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… Argued October 24, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Board of … and "Del Valle" in the pleadings and documents that comprise the record. We use the spelling contained in the … of which is the soundest is made by them on the particular facts of the case." 38 N.J. Super. at 171. That is exactly …