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… Submitted October 16, 2018 – Decided Before Judges Yannotti and Rothstadt. On appeal from Superior … and hands. H.P and M.S. testified that, after hearing the commotion, H.P. came out of his room. He tried to get … the outcome of the trial. The judge observed, "The jury was free to consider self-defense on the lesser-included offense …
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… Submitted October 17, 2018 – Decided Before Judges Fuentes, Accurso and Vernoia. NOT FOR … and Kayla. The facts are fully set forth in Judge Wright's comprehensive twenty-nine page opinion, and need not be … will do them lasting damage. The judge found that only freeing the children for adoption by their grandparents will …
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… Submitted September 24, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … cocaine, N.J.S.A. 2C:35- 5(10)(a)(1). The State agreed to recommend a seven-year term of imprisonment with five years of … defendant testified he was pleading guilty of his own free will, he was satisfied with his attorney's services, he …
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… A-2853-15T2 KAREN L. LANDERS, Plaintiff-Appellant, v. MEDFORD FITNESS CENTER, Defendant-Respondent, and TERM PROPERTY … court's summary judgment dismissal of her slip-and-fall complaint. Plaintiff injured her right wrist and knee when … utilizing Medford's fitness equipment, such as dumbbells, free-weights, and cardio equipment. See Prioleau, supra, 223 …
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… Submitted September 26, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … motion for summary judgment to dismiss plaintiff's complaint and denied plaintiff's cross-motion of summary … physical exertion of a kind and quality that destroys the free will of the testator by preventing that person from …
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… Submitted October 10, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … and convict on the attempt endangering charge. "Jurors are free to accept or reject, in part or in whole, any aspect of …
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… Submitted March 6, 2018 – Decided Before Judges Mawla and DeAlmeida. On appeal from Superior … defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped … treatment programs, maintain employment, and remain offense free. On appeal, defendant raises the following point: POINT …
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… Submitted January 9, 2019 – Decided January 28, 2019 Before Judges Nugent and Mawla. On appeal from the New Jersey … months incarceration for aggravated assault. Harmon also committed twenty-nine infractions during his incarceration. … rejected Harmon's claims that he had been drug and alcohol free, and had matured. The Board explained: 8 A-1977-17T3 …
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… party for their son at defendants' home. Although the complaint alleges defendants hosted the party, plaintiff … owed him a duty to use reasonable care to keep the premises free from dangerous conditions; and defendants breached that … designate a water watcher. In Parks v. Rogers, the Court "revisit[ed] the scope of a homeowner's duty to protect an …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … found that, when defendant failed to abide by Berardis's command to stop and instead fled, there was probable cause … v. Cassidy, 179 N.J. 150, 161 (2004), because defendant was free to reject medical assistance. In short, defendant …
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… DIVISION DOCKET NO. A-2218-13T2 IN THE MATTER OF THE CIVIL COMMITMENT OF G.T.G. SVP-382-04 … Submitted March 21, 2017 – Decided Before Judges Yannotti and Fasciale. On appeal from Superior … told the police about the assault. The victim was able to free herself, and she flagged down a passing motorist for …
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… Submitted December 19, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … defendant gave Sally two dollars and a violin. Diane was uncomfortable with the gifts given by defendant to Sally. … every time she went for a lesson. So, thus there are no free crimes." We discern no abuse of discretion in the …
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… Submitted November 29, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … the officer found more than one ounce of marijuana in a compartment of the car. A Passaic County Grand Jury returned … to plead guilty and was doing so voluntarily and of his own free will, without threat or coercion, because he was, in …
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… Argued November 27, 2017 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from … permitting the sale provided the property could be sold "free and clear from any and all restrictions that run with … 4 A-3048-15T3 to plaintiff's counsel informing him that a completeness review by the Board's subcommittee would take …
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… Defendant-Appellant. Submitted January 22, 2018 - Decided Before Judges Sabatino and Rose. On appeal from Superior Court … 2015. The probation officer did not reference defendant's computerized criminal history ("CCH") that also includes a … "Consequently, on such matters an appellate court is free to substitute its independent judgment for that of the …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, and SHALOM TORAH CENTERS, Respondents. … December 14, 2017 2 A-1972-15T4 In this unemployment compensation appeal, the parties dispute whether the … 3309(b) with N.J.S.A. 43:21- 19(i)(1)(D), and New Jersey is free to adopt a narrower exemption than permitted by FUTA. …
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… Submitted October 11, 2018 – Decided Before Judges Accurso and Moynihan. On appeal from Superior … to reverse and remand this case for the trial court to complete a thorough analysis and balance of the factors that … a defendant who may be guilty of a serious crime will go free, without having been tried." Barker, 407 U.S. at 522. …
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… Argued April 24, 2017 – Decided June 1, 2017 Before Judges Currier and Geiger. On appeal from the Superior … of the vehicle pursuant to the New Jersey Uniform Commercial Code (UCC), N.J.S.A. 12A:2-608, and the … fees under the Lemon Law, N.J.S.A. 56:12-42. Her counsel freely conceded that the only objective of rejecting the BBB …
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… Argued October 23, 2018 - Decided Before Judges Hoffman and Firko. On appeal from the New Jersey … In this procurement case, appellant Diamond Chemical Company, Inc., (Diamond Chemical) seeks reversal of a … 56 N.J. 8 A-5379-16T3 579, 600 (1970). An "agency is free to alter any prior decision if it concludes that to do …
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… Submitted November 26, 2018 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … (3) the parties' conduct after the settlement was allegedly completed indicated they believed the matter had not … "of the view that [A.D.] exceeded his authority, [she] was free to pursue whatever claims she deem[ed] appropriate …