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… Submitted February 9, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior … spent little time in the apartment, preferring to spend his free time with his girlfriend. As referenced above, … JURORS WHO WERE PART OF A-5185-14T4 8 THE LAW ENFORCEMENT COMMUNITY DENIED DEFENDANT A FAIR TRIAL. POINT III – THE …
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… Submitted February 7, 2017 – Decided Before Judges Fisher and Leone. On appeal from the Board of … was terminated for unauthorized removal or consumption of company property without payment. Specifically, Holmes was … he stole the bottles of water. However, Holmes was free to leave the interview at any time, and he instead …
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… Submitted May 30, 2017 – Decided Before Judges Sabatino and Geiger. On appeal from Superior … from the store's cash register. Defendant claims that he committed the robbery because he was addicted to heroin. On … 399, 416 (App. Div. 2011) (stating an appellate court is "free to affirm the trial court's decision on grounds …
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… Argued telephonically February 21, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … to defendants Maximo and Ana Almanzar and dismissed the complaint with prejudice. The issue is whether defendants … duty to keep the public sidewalk adjoining their premises free of snow and ice.'" Qian v. Toll Bros., Inc., 223 N.J. …
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… Argued February 1, 2018 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … PER CURIAM In this appeal, we must determine whether the Commissioner of Education (Commissioner) violated our … rulings and orders of the Appellate Division; they are not free to disregard them." Ibid. (citation omitted). We are …
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… Submitted September 18, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … appeal arises out of a voluntarily dismissed foreclosure complaint. The court dismissed the complaint and … we order that if defendants revive the counterclaims as a free-standing action against the initial plaintiffs within …
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… Submitted November 9, 2017 – Decided Before Judges Manahan and Suter. On appeal from the New Jersey … "a substantial likelihood exist[ed] that [Kennedy] would commit a new crime if 1 See N.J.A.C. 10A:71-3.21(d) … participate in behavior modification and remain infraction free. 4 A-1086-15T4 On February 11, 2015, a three-member …
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… Submitted December 21, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … 2C:35-7.1. After his conviction, defendant pled guilty to committing third-degree possession of CDS, marijuana, with … the trial judge properly instructed the jury that it was free to accept or reject the stipulation in reaching its …
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… Argued April 18, 2018 – Decided June 29, 2018 Before Judges Koblitz, Manahan and Suter. On appeal from the … by public transportation, but work was not available. The company assisted other CNAs by providing transportation, but … and translation services" that "are available free of charge." Claimant was born in the Dominican …
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… Submitted July 9, 2019 – Decided August 28, 2019 Before Judges Hoffman and Currier. On appeal from an … Officer Travis Paul, who was on patrol in a local apartment complex. Officer Paul left the complex and drove onto South … the judge found they "reasonably perceived they were not free to leave," and thus were subject to "an investigative …
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… Minors. Submitted December 5, 2018 - Decided May 14, 2019 Before Judges Fuentes and Accurso. NOT FOR PUBLICATION WITHOUT … The privilege invoked here, N.J.R.E. 509, "protects communications between spouses unless the communication … 196 N.J. 88, 104 (2008) (citation omitted). We are not free to overturn the factual findings and legal conclusions …
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… Argued March 9, 2022 – Decided June 21, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … an order to show cause and dismissing with prejudice their complaint against the Elizabeth Board of Education (Board) … need only be briefly summarized. This case arises from a Free Appropriate Public Education (FAPE) due process …
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… Argued March 30, 2022 – Decided April 19, 2022 Before Judges Accurso and Marczyk. On appeal from the Superior … Jersey. The subpoena seeks documents regarding Whole Foods' communications with plaintiff with respect 1 New York Law … punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights." …
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… Submitted March 16, 2022 – Decided June 2, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … tried to pull her out of the vehicle. Plaintiff was able to free herself and she, her mother, and her mother's boyfriend … wrongdoing by her son and testified that plaintiff had become upset and had struck her son at which point she …
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… Submitted November 2, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … to make evidence-based arguments related to mitigation, competency, and capacity. Judge Gwendolyn Blue found … services, he was pleading guilty voluntarily of his own free will, and that he understood his sentencing exposure. …
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… Submitted September 16, 2020 – Decided Before Judges Whipple and Firko. On appeal from the Superior … He also appeals from the concurrent denial of his motion to compel DNA testing of certain crime scene evidence. We … Judge Peter Conforti confirmed with defendant that he was freely and voluntarily entering his plea of guilty with the …
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… Argued April 2, 2020 – Decided July 10, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior … property, it was improved with a deteriorating, non-flood-compliant, one-family bungalow. The property had not been … adequate light, air, and open space; (4) promote the free flow of traffic on account of the on-site parking; and …
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… telephonically May 28, 2020 – Decided June 25, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … to the defendants for relocation assistance. Because the complaint was improperly filed, we dismiss the complaint … the tenants were permitted to occupy the apartment rent-free for those months where the landlord was without an …
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… Submitted April 28, 2021 – Decided June 8, 2021 Before Judges Geiger and Mitterhoff. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-24810. Amy L. … would not receive a bonus unless he went, and always felt free to decline. During the third hearing, petitioner …
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… Argued on May 11, 2021 – Decided June 3, 2021 Before Judges Gilson, Moynihan, and Gummer. On appeal from the … Debra, the police officer who responded declined to sign a complaint because "the alleged violation occurred in front … State v. Marshall, 148 N.J. 89, 276 (1997) ("judges are not free to err on the side of caution; it is improper for a …