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… Submitted October 2, 2024 – Decided October 22, 2024 Before Judges Rose and Puglisi. On appeal the Superior Court … and other constitutional protections guaranteeing the freedoms of religion and speech. U.S. Const., amend. I; N.J. … fairness of an [eighty]-year 4 A-3389-22 aggregate term, comprised of four consecutive sentences. (5). The …
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… telephonically April 3, 2019 – Decided April 24, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … himself or herself." Ibid. Notwithstanding, parties are free to enter into agreements departing from the general …
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… Argued February 11, 2019 – Decided Before Judges Haas, Sumners and Mitterhoff. On appeal from … followed up with Dr. Basch, an orthopedic surgeon, who recommended more PT. He also discussed spinal injections and … from the evidence any conclusion which the factfinder is free to reach. Colucci v. Oppenheim, 326 N.J. Super. 166, …
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… Defendant-Appellant. Submitted January 29, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … start of the interrogation, defendant indicated he was more comfortable speaking Spanish. The detective utilized a … defendant's statement was "induced by the promise and not freely and voluntarily given." Id. at 82. Lastly, in State …
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… Submitted May 31, 2017 – Decided July 18, 2017 Before Judges Messano and Suter. On appeal from the Superior … TO A FAIR TRIAL. (Not Raised Below) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN A NUMBER OF INSTANCES THROUGHOUT THE … decision 3 The Yarbough factors are: (1) there can be no free crimes in a system for which the punishment shall fit …
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… Submitted March 28, 2017 – Decided Before Judges Messano and Grall. On appeal from the Superior … (count eleven). In conformity with the State's recommendation set forth in the plea agreement, the judge … guidelines. The Yarbough factors are: (1) there can be no free crimes in a system for which the punishment shall fit …
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… telephonically April 4, 2019 – Decided August 26, 2019 Before Judges Yannotti, Rothstadt and Natali. On appeal from … under Rule 4:46-1, dismissing plaintiff's second amended complaint. The complaint asserted claims for tortious … by our strong protections for clients who exercise their free will to retain and to discharge counsel. It is further …
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… Submitted February 2, 2022 – Decided July 29, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … on defendants convicted of certain predicate crimes committed while in possession of a firearm." State v. … Jersey Constitutions guarantee that individuals shall be free from "unreasonable searches and seizures." U.S. Const. …
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… Submitted August 4, 2020 – Decided Before Judges Rothstadt and Firko. On appeal from the Superior … judge found factors three (the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3)), six (the … THE STATUTE UNCONSTITUTIONAL IN VIOLATION OF THE RIGHT TO FREE EXPRESSION PROTECTED BY THE FIRST AMENDMENT TO THE …
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… Argued March 13, 2019 – Decided July 8, 2020 Before Judges Fuentes, Accurso and Vernoia. On appeal from the … and Elizabeth A. Matecki argued the cause for appellant (McOmber & McOmber, PC, attorneys; Richard Armen Mc Omber, … has an affirmative duty to maintain his/her workplace free of sexual harassment. This duty includes discussing …
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… Submitted December 2, 2020 – Decided August 20, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … RESTRICTED MESADIEU'S CONSITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. (Partially raised below). POINT IV THE … also knew that Mesadieu had a criminal history and was free on bail on a weapons charge.5 That knowledge thickened …
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… Defendants. Argued May 26, 2021 – Decided July 20, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … practice preceded the trial on plaintiff's fourth amended complaint alleging that defendants violated CEPA by creating … status and eligibility for benefits, and their rights to be free of certain unsafe hospital conditions. Plaintiff had …
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… Submitted March 23, 2020 – Decided April 13, 2020 Before Judges Sabatino and Geiger. NOT FOR PUBLICATION WITHOUT … (Natalie), from the litigation because a guardianship complaint was filed; and the underlying June 21, 2017 order … off?" He subsequently grabbed her forearm. Natalie broke free of 3 Under Rule 5:12-4(b), a trial judge may permit a …
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… ——————————————— Submitted October 17, 2019 – Decided Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … entered following a fact-finding trial, determining they committed abuse or neglect of their then ten-month old son, … lipase associated with fluid around the pancreas and some free intra[-]abdominal fluid " and concluded: This is not …
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… JAMES HUFF, Plaintiffs-Respondents, v. CYPRUS AMAX MINERALS COMPANY and IMERYS TALC AMERICA, INC., … INC., Defendants. Argued October 17, 2018 – Decided Before Judges Fuentes, Accurso and Vernoia. NOT FOR … 237 N.J. 440 (2019). Although the matter is certainly not free from doubt, we cannot find the trial court erred in …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … counts of plaintiff Radiation Data, Inc.'s ("RDI's") complaint. The agency did not violate "clearly established" … 116 (2015)). Courts reviewing qualified immunity claims are free to address the two prongs in either order. Morillo, 222 …
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… Argued November 8, 2021– Decided November 19, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … Nkwuo argued the cause for appellant (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Emeka Nkwuo, of … to consider the following factors: (1) there can be no free crimes in a system for which the punishment shall fit …
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… Submitted June 5, 2025 – Decided June 16, 2025 Before Judges Natali and Vinci. On appeal from the Superior … R. 1:36-3. 2 A-3465-23 pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … calculating a registrant's score on the RRAS, "the State is free to rely on hearsay statements to support its assertions …
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… Argued January 7, 2025 – Decided April 30, 2025 Before Judges Sumners and Perez Friscia. On appeal from the … trial. Plaintiff also argues defense counsel made improper comments regarding plaintiff's failure to appear at trial … must be fair and courteous, grounded in the evidence, and free from any potential to cause injustice." Risko, 206 N.J. …
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… Revised 11/2022) … NOTE TO JUDGE … The instructions set forth below apply only where the plaintiff is a public … person) and, if a private person, whether the statements complained of by a private person are a matter of legitimate … read [ heard ] them. In this regard, you are, of course, free to consider the common and ordinary meaning of the …