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… Submitted September 29, 2020 – Decided Before Judges Messano, Hoffman and Suter. On appeal from the … Division order dismissing with prejudice his second amended complaint. Moss sought to enjoin defendant New Jersey … agency to perform a duty [that] is ministerial and wholly free from doubt or to compel the exercise of discretion, but …
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… Argued September 15, 2020 – Decided Before Judges Fisher, Moynihan and Gummer. NOT FOR PUBLICATION … In a subsequent email, Morris asked Yerman: "Are you completely satisfied you can build your home on the … or fact which the adversary considers relevant." State v. Freeman, 223 N.J. Super. 92, 116 (App. Div. 1988). The net- …
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… Submitted March 15, 2021 – Decided April 6, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … and sirens, the Taurus continued to proceed slowly after completing the left turn. The Taurus eventually pulled over … That is, a defendant has a constitutional right to be free from indiscriminate searches and seizures by 10 …
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… Argued January 25, 2021 – Decided March 22, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … Lake Club (the Club), a recreational lake swimming complex owned by defendant Borough of Allendale and … recreational facilities; the cites were to the Barrier Free Subcode portion of the UCC, and generally noted the …
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… DIVISION DOCKET NO. A-5131-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.D., SVP-668-13. ____________________________ … telephonically May 28, 2020 – Decided June 23, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … . . at review hearings or initial hearings." The judge was free to accept part or all of the expert testimony offered …
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… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … NEW JERSEY CONSTITUTIONS['] GUARANTEE [OF] THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES. U.S. CONST. …
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… DIVISION DOCKET NO. A-1825-19 IN THE MATTER OF THE CIVIL COMMITMENT OF J.P., SVP-802-19. ____________________________ … Submitted April 13, 2021 – Decided June 3, 2021 Before Judges Moynihan and Gummer. On appeal from the Superior … problem, that it is only alcohol. And now that he has been free of alcohol for so long, he poses no problem. The …
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… Argued February 10, 2021 – Decided May 18, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … avail. When her aunt came downstairs to inquire about the commotion, defendant, who had attempted to engage in sexual … APPELLANT'S PCR CLAIMS. POINT IX APPELLANT ASSERTS A FREE STANDING ACTUAL INNOCENCE CLAIM ON PCR. I. We address …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1978-20 ROSEMARY FORMOSO, Plaintiff-Appellant, v. YOUVIN R. DALEY, Defendant, … forced Daley to make a full stop, indicating that she was free to cross the roadway. She alleges that but for … if the case went to trial, the jury would find plaintiff comparatively negligent. The judge then commented that she …
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… Argued August 2, 2021 – Decided August 18, 2021 Before Judges Sabatino and Rose. On appeal from the Superior … so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … father struggled with Manna on the floor. Eli then broke free from Manna, got up off the floor, and ran towards the …
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… Submitted April 12, 2021 – Decided August 11, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and …
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… Submitted January 16, 2020 – Decided May 11, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … the filing of plaintiffs Jong S. Hong and Daniel Kim's1 complaint. The uniquely confused history of the events … would not have been favorable to the spoliator. The jury is free, however, to accept or reject that inference. 13 …
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… Argued September 12, 2019 – Decided July 21, 2020 Before Judges Alvarez, Nugent and Suter. On appeal from the … other banks began loaning money to Gregory's real estate company, Pouliot, Inc. Three such loans from Provident … Div. 2011) (alteration in original) (quoting Stonehurst at Freehold v. Twp. Comm., 139 N.J. Super. 311, 313 (Law Div. …
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… Submitted November 12, 2019 – Decided Before Judges Moynihan and Mitterhoff. On appeal from the … THE TERM WITHIN THE EXTENDED TERM RANGE. Because of errors committed in excusing a deliberating juror, we are … State v. Williams, 93 N.J. 39, 60 (1983). The jury must be "free of outside influences and . . . decide the case …
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… HURSA, Deceased. Submitted December 4, 2019 – Decided Before Judges Koblitz, Whipple and Mawla. On appeal from the … to quash a subpoena served to the information technology company GCS Consultants; two April 25, 2018 orders entering … against Scott or Amy with respect to their occupancy, rent-free, of the [r]esidence, there is no basis for liability on …
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… Submitted March 11, 2020 – Decided April 20, 2020 Before Judges Gooden Brown and Mawla. On appeal from the … affirm for the reasons expressed in Judge John I. Gizzo's comprehensive and well-reasoned written opinion. We … in view of the record before us. However, defendant is free to file a new PCR petition asserting that counsel …
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… Submitted February 25, 2020 – Decided April 9, 2020 Before Judges Gilson and Rose. On appeal from the Superior … of a search warrant, police seized and searched several computers, hard drives, and external storage devices. … our consideration: POINT I . . . DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS 3 …
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… Argued March 16, 2020 – Decided April 8, 2020 Before Judges Sumners and Natali. On appeal from the Superior … Ortmann appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders, 30 N.J. 381, 388 (1959). The "heavy burden" of …
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… Submitted January 13, 2020 – Decided Before Judges Moynihan and Mitterhoff. NOT FOR PUBLICATION … detox." He chose the latter. When confronted with L.G.'s comments regarding R.G.'s use of a "smoker," R.G. denied … Enforcement Administration and the Partnership For a Drug-Free New Jersey, the smoker is a common means of abusing …
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… Submitted March 25, 2020 – Decided April 24, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … (count three); second-degree possession of a firearm while committing a narcotics offense, N.J.S.A. 2C:39-4.1(a) (count … no matter what the inducement, he is never thereafter free of the psychological and practical disadvantages of …