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njcourts.gov
… Submitted April 13, 2021 – Decided June 24, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … probability" that the deficient performance affected the outcome of the proceeding. Fritz, 105 N.J. at 58. 5 A-1834-19 … not to was made "intelligently, voluntarily, and of her own free will." In fact, the record reflects that trial counsel …
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njcourts.gov
… Submitted February 8, 2021 – Decided April 27, 2021 Before Judges Messano and Suter. On appeal from the Superior … and asked defendant to show his hands. Defendant did not comply, struck Garcia, broke free from his grip, got into his car, and attempted to drive …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted May 20, 2020 – Decided June 10, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … for the reasons stated in Judge John M. Deitch's comprehensive and well-reasoned written opinion issued on … a reasonable person were to believe he was not free to leave." Id. at 387-88. An investigative detention, …
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njcourts.gov
… Submitted September 10, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … Indictment No. 17-01-0086. Jacobs & Barbone, PA, attorneys for appellant (Louis Michael Barbone, on the brief). Damon … and State Constitutions than the right of the people to be free from unreasonable searches of their homes." __ N.J. __ …
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njcourts.gov
… private property. The police suggested the locker search by company personnel be conducted in the presence of a police … they belong to the Company employees, contractors or visitors. The Handbook also contains a Workplace Violence … Federal Constitutions guarantee the rights of persons to be free from unreasonable searches and 8 A-1309-16T1 seizures." …
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njcourts.gov
… Submitted May 2, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … the apartment. On May 3, 2016, plaintiffs filed an eviction complaint for nonpayment of rent, that alleged defendants … voluntarily. The order provided that the parties were "free to pursue their remedies in other venues." On appeal, …
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njcourts.gov
… Submitted November 26, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State nor a prior indication from the … approached by a police officer would not reasonably feel free to leave, even though the encounter falls short of a …
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njcourts.gov
… Argued September 17, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … judge agreed and entered an order dismissing plaintiff's complaint for non-economic damages.1 Plaintiff timely moved … to be waived, and, therefore, on remand, defendant is free to raise this defense anew before the trial judge. 4 …
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njcourts.gov
… Argued October 6, 2022 – Decided October 19, 2022 Before Judges Firko and Natali. On appeal from the Superior … order denying recusal of the judge. I. Plaintiff filed a complaint seeking damages of $9,721.77 due on defendant's … v. Marshall, 148 N.J. 89, 276 (1997) ("[J]udges are not free to err on the side of caution; it is improper for a …
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njcourts.gov
… acquired the subject property during the time period set forth in Question No. 1, state: a. the date of acquisition; … identification by unit number of each apartment in the complex, number of rooms therein, monthly rental, and … quantify any reduced rental, state the time period of any "free" or reduced rental, state what other type of concession …
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njcourts.gov
… Plaintiff-Appellant, v. UNION PAVING & CONSTRUCTION COMPANY, INC., Defendant/Third-Party Plaintiff-Respondent, … telephonically August 4, 2020 - Decided August 26, 2020 Before Judges Rothstadt and Firko. On appeal from the Superior … duties. DMJ was required to "keep the building and premises free from . . . unsafe conditions 4 A-0115-19T2 resulting …
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njcourts.gov
… 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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njcourts.gov
… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from an … are constrained to remand again for the trial court to complete the task we previously assigned. See Tomaino v. … "with great frugality and in none but a clear case free of doubt." Tomaino, 364 N.J. Super. at 234–35 (quoting …
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njcourts.gov
… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … arrest, handcuffed, or had any reason to believe he was not free to leave. Obviously, defendant knew he was a person not …
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njcourts.gov
… Submitted February 24, 2020 – Decided Before Judges Sabatino and Sumners. On appeal from the … defendant's PTI application, the prosecutor rejected the compelling reasons defendant raised in support of the … States Air Force, his strong familial ties, an offense-free past, and that he had agreed to a permanent final …
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njcourts.gov
… Submitted February 25, 2020 – Decided March 5, 2020 Before Judges Fisher and Rose. On appeal from the Superior … PSA, Phillips pleaded guilty in federal district court to committing wire fraud, for which he served approximately … WAS 2 In the absence of a stay, trial courts remain free to enforce their orders notwithstanding the pendency of …
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njcourts.gov
… 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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njcourts.gov
… 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 …