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… Submitted October 17, 2017 – Decided Before Judges Reisner and Gilson. On appeal from Superior … A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … were insufficient to address their question, they were free to submit another question. Although the judge had …
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… Submitted November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … from devices to encourage the surrender of firearms to a 'free pass' for those the police have already found or …
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… Submitted January 25, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Instead, the judge directed defendant's attorney to now complete Question No. 17 on the original plea form, which … not an environment that promotes an ample and pressure-free atmosphere to ask and answer questions between counsel …
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… Submitted March 13, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … N.J.S.A. 2C:11- 4(a)(1). In exchange, the State agreed to recommend a sentence not to exceed ten years for burglary, and … the discovery and you've made the decision of your own free will to plead guilty. Is that correct?" Defendant …
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… Submitted December 12, 2018 – Decided Before Judges Alvarez and Mawla. On appeal from Superior Court … confession was the product of a rational intellect and a free will." Id. at 534. "The State shoulders the burden of … III. We do not reach defendant's other arguments as they become moot in light of our decision that the conviction …
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… Plaintiffs-Appellants, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA CASINO HOTEL & SPA, … Submitted March 13, 2019 – Decided May 20, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … before discovery was completed, the trial court would be free to reconsider the summary judgment issues on a new …
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… Submitted March 27, 2019 - Decided May 16, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … that the distance between the billboard – a variance-free permitted use – and nonconforming residences in the …
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… Submitted January 28, 2019 – Decided May 10, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … June 12, 2013, acknowledged that he was exercising his own free will to plead guilty and that he understood he was …
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… Submitted November 27, 2018 – Decided April 1, 2019 Before Judges Rothstadt and Gilson. On appeal from the New … in another state under the Interstate Corrections Compact.1 He is serving a term of life imprisonment for a … in institutional programs, as well as being infraction free for many years, undermines the Board's determination …
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… Submitted March 11, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income … purported clerical errors, the 11 A-1349-17T1 parties are free to bring them to the attention of the judge should that …
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… Argued March 4, 2019 – Decided March 26, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … 17, 2017. Thereafter, plaintiff filed a small claims complaint against defendant, alleging that as the … that even 7 A-3736-17T4 when an integrated contract is free from ambiguity, "evidence of the situation of the …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … parole as mandated by N.J.S.A. 2C:40-26(b). Defendant was free to argue for a lesser sentence within the statute's …
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… Submitted June 6, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … for our consideration: POINT I THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS GUARANTEED … the premises under surveillance. [169 N.J. at 215 (quoting Commonwealth v. Desper, 643 N.E.2d 1008, 1011 (Mass. …
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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … and did not "permit jurors to deliberate objectively, freely, and with an untrammeled mind." Id. at 402. Instead, …
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… BRENDA L. HACHIKIAN, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendants-Respondents. … Argued September 20, 2016 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … plaintiff's motion for an extension of time). We are not free to substitute our judgment for the trial court. 6 …
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… Argued telephonically January 25, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … Feldman, on the briefs). 1 By order dated May 8, 2015, the complaint was amended by striking the name of JP Mortgage … N.J. Const. art. VI, § 3, ¶ 2). New Jersey courts remain "free to fashion [their] own law of standing consistent with …
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… and GEORGE DEVANNEY, Individually and as former County Manager, Defendant-Respondent/ … of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Argued February 7, 2019 – Decided July 19, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the … denying plaintiff 's application. Plaintiff filed a complaint in lieu of prerogative writs, challenging the … to install a fourteen-feet wide and forty-eight-feet high1 free-standing billboard, which would be positioned on a pole …
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… Submitted January 6, 2021 – Decided March 1, 2021 Before Judges Whipple, Rose and Firko. On appeal from the New … night. Appellant was called by another CNA to report to the common bathroom to assist D.S., who had soiled herself. D.S. … resident of a long- term care facility "has the right to be free from abuse, neglect, misappropriation of resident …
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… Submitted May 26, 2020 – Decided July 22, 2020 Before Judges Sumners and Natali. On appeal from the Superior … for the 2013-2014 school year, Smith filed a Law Division complaint alleging violation of the New Jersey Law Against … AGREEMENT, BECAUSE PLAINTIFF SHOULD BE ALLOWED TO FREELY EXPRESS ONE’S OWN WISHES AND DESIRE TO NOT ACCEPT …