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… J.A.D. Ernest Lucas (plaintiff) appeals the June 21, 2019 order denying his motion for a new trial following a jury … fiancée, Jasmin Moore (Moore), filed a medical malpractice complaint against Atlanticare alleging negligence, … having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and …
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… and BOARD OF EDUCATION OF THE TOWNSHIP OF CRANBURY, MIDDLESEX COUNTY, Respondents-Respondents. Argued April 28, 2021 … Whipple, Rose and Firko. On appeal from the New Jersey Commissioner of Education, Docket No. 231-9/18. Stephen J. … (slip op. at 12) (affirming a Law Division 3 A-2003-19 order dismissing petitioners' complaint in lieu of …
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… after a jury found him guilty of fourth-degree violation of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), … February 5, 2018, he refused to submit to an oral drug test ordered by senior parole officer Gina Cusumano during a home … and from the parole office which was approximately five miles from defendant's residence. Defendant did not report to …
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… Borough) appeals from a final agency decision issued by the Commissioner of the New Jersey Department of Transportation … Legislature also limited the power of municipalities to "pass an ordinance or resolution on a matter covered by or … a vote of the members present; and, whether it is called an order, direction[,] or determination, it is still a …
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… H. VINA, Petitioner-Appellant, v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND, Respondent-Respondent. … tell the principal I fell?" Vina explained, "I'm not gonna come back in because, I'm just gonna get out of here, … falling, he walked to his car and drove away. The ALJ discredited Vina's testimony that he was headed to the main …
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… defendant with second-degree sexual assault upon K.K., by committing an act of sexual contact, specifically touching … an ointment on her to treat a rash, as he had done in the past. K.K. said no. K.K. told K.R. that defendant was … defendant to a seven-year term in State prison, and ordered defendant to serve the sentence consecutively to a …
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… 2019 2 A-5193-17T4 Defendant appeals from the May 30, 2018 order denying his post- conviction relief (PCR) petition … they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … had just returned to the United States because his mother passed away. He said that before his initial trial date, he …
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… and reasonable, and the plaintiff bears the burden to overcome this presumption. Bergen Pines Cty. Hosp. v. N.J. Dep’t … neglect; 2. The perpetrator's failure to comply with court orders or clearly established or agreed-upon conditions … "substantiated" classification. Respondent on appeal nonetheless urges us to rely on excerpted language from our …
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… incident was captured on surveillance video from a nearby commercial establishment and shown at trial. Defendant is … conspiracy to commit 7 A-0412-16T1 robbery, criminal trespass, drug offenses, and various probation violations as … v. Tinnes, 379 N.J. Super. 179, 184 (App. Div. 2005). In order to succeed, the moving party must establish legally …
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… Defendant Kelly Fowler appeals from a February 22, 2018 order denying her petition for post-conviction relief (PCR) … [the investigator] said. [The investigator] said the opposite. If he said, yeah, you know the fire smoldered for a … to get you." She expressed her anger. She would just make comment like "I am not going to stop until you pay. I am on …
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… I THE TRIAL COURT ERRED IN CHARGING THE JURY CONCERNING ACCOMPLICE LIABILITY WHERE THE CO-DEFENDANTS DID NOT TESTIFY … arguments against the record and applicable legal principles, we affirm both defendant's conviction and sentence. 3 … defendant asserts that the court abused its discretion by ordering his sentence on his aggravated assault conviction …
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… Jr. learned the truth of Faulkner's aphorism that "the past is never dead; it's not even past."2 He was stunned by this news; although resistant, he eventually commenced a casual relationship with Castellano that … Trust Created Dec. 20, 1961, 166 N.J. at 352, not the opposite. For the reasons expressed, we conclude that, even when …
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… 2017. Particularly that defendant stalked the victim and committed the charged offenses. The evidence included … DEFENDANT'S CONVICTONS SHOULD BE REVERSED AND A NEW TRIAL ORDERED BECAUSE THE STATE MISUSED THE STALKING STATUTE BOTH … commit the offenses or impact his ability to form the requisite culpability. Contrary to his argument, 9 A-4132-18 any …
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… jeans, looked in McGhee's direction, shook hands with his companion, and walked away while "clutching something" with … the trigger is pulled all the way through" with the requisite force. Prior to trial, defendant moved to suppress … circled the block and saw defendant walking faster in order to leave the location, the circumstances justified the …
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… conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. 2C:39-4.1(a).1 He primarily challenges an order denying his motion to suppress, contending that the … in each case." Ibid. The judge adhered to these rules. The judge believed the officers had properly concluded …
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… Leslie Hill appeals from the January 14, 2019 Law Division order denying his petition for post-conviction relief (PCR) … aggravated manslaughter, and the State agreed to recommend defendant receive a twenty- five-year prison term, … admitted nor acknowledged facts constituting the requisite "extreme indifference" or conscious disregard for a …
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… APPELLATE DIVISION DOCKET NO. A-2289-19 MARLENE CARIDE, COMMISSIONER, NEW JERSEY DEPARTMENT OF BANKING AND … client's names, without the client's permission, and deposited the check into his trust account. Several months … v. Berman, 259 N.J. Super. 137, 145-46 (App. Div. 1992). In passing the Rehabilitated Convicted Offender Act, the …
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… Defendant appeals from the Law Division's April 12, 2023 order denying his application for post-conviction relief … defendant's arguments under controlling legal principles, and we affirm. I. We derive the following relevant … N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; three counts of …
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… Defendant Ivery Brinson appeals from a March 19, 2024 order denying his second petition for post-conviction relief … N.J.S.A. 2C:11-4(a)(1); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … PCR petition that could have been raised on direct appeal unless one of three enumerated exceptions apply." State v. …
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… A-3033-23 MADISON JOO, Plaintiff-Appellant, v. GREGORY CORLESS and FRANCISCA CORLESS, Defendants, and FARMERS … (approved Jan. 1997). Plaintiff appeals from the court's order denying the new trial. Because plaintiff did not … Plaintiff described the happening of the accident and her complaints to the emergency department 3 A-3033-23 …