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A-2-24 Respondent Brief
Briefs
njcourts.gov
… Court: Final Judgment on October 30, 2023, Affirming Order of Dismissal dated June 10, 2022 Name of the Court … Street Mullica Hill, NJ 08062 chris@thevigilantelawfirm.com FILED, Clerk of the Supreme Court, 24 May 2024, 088836 … Swan was properly decided and based on sound legal principles. Legal Argument Swan v. Boardwalk Regency Corp., 407 …
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A-36-24 Reply Brief
Briefs
njcourts.gov
… HIGH SCHOOL; NEW JERSEY FUTURE FARMERS OF AMERICA; CHARLES J. HUTLER, JR., DEFENDANT DOE 1-10; AND DEFENDANT … C. Magee, Esq. Attorney ID # 017052011 Magee@BRattorneys.com Mark R. Cohen, Esq. Attorney ID # 025892005 … demonstrates that the Legislature intended this change in order to prevent the imposition of vicarious liability under …
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njcourts.gov
… Defendant Andrea Smith appeals from a February 14, 2024 order, denying her motion to suppress her statement to the … police station. Defendant replied: "[I] drove." Defendant complied with Cuomo's request to step outside. Cuomo … elapsed between defendant's arrest and the trial. That passage of time triggers a Barker analysis. In New Jersey, …
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njcourts.gov
… Dare left the facility and failed to notify the NJSP's compliance unit as required. The facility reported Dare … intended to charge Dare with burglary and criminal trespassing; however, the homeowners declined to press charges. … notice, this conduct was deemed "detrimental to the good order of the Division, and [] in violation of the Division's …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 12-05- 0354. Jennifer Nicole … defendant's trial, rendered an oral decision and entered an order denying the petition without an evidentiary hearing. … not properly consult defendant. In fact, after the State completed its case, the judge granted defendant's request …
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njcourts.gov
… plaintiffs' vehicle. 1 Plaintiffs are married and share a common surname. We, therefore, refer to each plaintiff by … "due regard to the opportunity of the 7 A-3387-22 jury to pass upon the credibility of the witnesses," R. 4:49-1(a), … Real Est. Grp., Inc., 162 N.J. 449, 464 (2000) (quoting Fischer v. Canario, 143 N.J. 235, 254 (1996)). Therefore, "[i]n …
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njcourts.gov
… [an] [i]nmate verbally abused petitioner; petitioner ordered [i]nmate to remain in his cell while releasing the … factors. [Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (quoting In re Stallworth, … that [t]he undesigned and unexpected event . . . was the combination of unusual circumstances that led to Moran's …
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njcourts.gov
… far below a 25[-]year sentence that is 4 A-3591-22 recommended by the State would be the appropriate sentence." … its way to where ultimately it was involved in this senseless, senseless death." The sentencing court found … without an evidentiary hearing on the record and by written order. In this ensuing appeal, defendant argues in his …
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A-17-24 Respondent Response To Amicus Brief
Briefs
njcourts.gov
… ATTORNEY FOR PLAINTIFF-RESPONDENT RICHARD J. HUGHES JUSTICE COMPLEX TRENTON, NEW JERSEY 08625 JENNIFER E. KMIECIAK … time. On February 26, 2025, this Court entered a sua sponte order that the motions remain pending but allowing the … “[A]ny act of the Legislature will not be ruled void unless its repugnancy to the Constitution is clear beyond a …
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njcourts.gov
… Ingram appeals from the Law Division's November 5, 2021 order denying his petition for post-conviction relief (PCR) … return from the murder scene to his home in nine minutes or less. However, defendant's investigator presented a report … BECAUSE TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO COMPLY WITH DEFENDANT'S INSTRUCTIONS NOT TO PURSUE AN ALIBI …
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njcourts.gov
… observed a vehicle driven by defendant speeding in the opposite direction. The officers made a U-turn and followed … conviction on the DWI. Instead, the Law Division entered an order which "DENIED" defendant's "motion to appeal the … DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO …
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njcourts.gov
… v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and HUDSON MILESTONES, INC., Respondents. Submitted May 28, 2024 – … after receiving the letter from the Deputy Director, which ordered her to repay in excess of $7,000, and she was … also notes she had never used unemployment benefits in the past. She attributes her misunderstanding of the deadline …
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njcourts.gov
… when the jurors entered the courtroom, and that Jones was ordered to keep his hands in his lap at all times. The judge … HE WAS DENIED A FAIR TRIAL THE ONLY DEFENSE WITNESS WAS COMPELLED TO TESTIFY IN RESTRAINTS IN FRONT OF THE JURY, HE … expressed doubt that, 8 A-1717-22 given the lengthy passage of time, an evidentiary hearing more than a decade …
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njcourts.gov
… In March 2020, DiGiovanni filed a claim for unemployment compensation, and he received benefits at the rate of $163 … to do whatever is necessary and reasonable 6 A-4029-21 in order to remain employed.'" Ibid. (quoting Heulitt v. Bd. of … unemployment benefits were received in good faith. See Fischer v. Bd. of Rev., 123 N.J. Super. 263, 266 (App. Div. …
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njcourts.gov
… awarded her benefits in good faith. [Appellant] did not commit fraud or use any unlawful means to obtain benefits. … to implement the Act. See N.J.A.C. 12:17-12.8. Thus, in order to qualify for PUA benefits in New Jersey, an … even when the benefits were received in good faith. Fischer v. Bd. of Review, 123 N.J. Super. 263, 266 (App. Div. …
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njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-0831-21 CHRISTOPHER CASTLES, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND … responsible for running to the scene of the disturbance in order to quell it. On November 1, 2013, appellant "responded … Three other officers were already there and four more were coming behind him." Appellant described what followed: At …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 02-06-0824. Joseph E. … 2 A-2783-19 Defendant Rashid Walker appeals from a 2020 order denying his motion for reconsideration of a sentence imposed in 2008 for a series of violent crimes committed in 2002 when defendant was twenty-one-years-old. …
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njcourts.gov
… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. 16-07- 0119 and 16-10-1693. … Isaiah D. Roberts appeals from a December 20, 2021 order denying his petition for post-conviction relief (PCR) … for the reasons expressed by Judge Colleen M. Flynn in her comprehensive, thirty-two-page written opinion. We summarize …
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njcourts.gov
… C. Nurse appeals from the Law Division's October 4, 2021 order denying his petition for post-conviction relief (PCR). … to plead guilty to an offense he maintained he did not commit. See State v. Smullen, 118 N.J. 408, 415 (1990) … wished to plead guilty to a crime he or she did not commit, he or she may not do so. No court may accept such a …
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njcourts.gov
… D. Ruiz-Perez appeals from the Law Division's March 4, 2020 order denying his petition for post-conviction relief (PCR) … is based on the factual predicate that the defendant committed the 8 A-1803-20 offense but did not possess the requisite mens rea to establish his guilt. State v. Reyes, 140 …