-
njcourts.gov
… Argued May 10, 2017 – Decided June 12, 2017 Before Judges Hoffman and Whipple. On appeal from Board of … appellant's employment on June 28, 2015, after a customer complained she used foul language in the register line. … Prot., 101 N.J. 95, 103 (1985)). We will not upset the ultimate determination of an agency unless shown that it was …
-
njcourts.gov
… Submitted September 18, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from New Jersey … remedies. On August 11, 2014, we reinstated the appeal but ultimately remanded on November 5, 2014, 1 While we … the spelling "disc." 3 A-4716-12T3 to permit the DOC to complete an administrative record. On March 31, 2015, Ali-X …
-
njcourts.gov
… Submitted March 12, 2020 – Decided June 15, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … "clearly." As he approached, he began to give defendant commands. Rivas observed that when instructed to lay down on … there would be some merit to the argument on appeal. Ultimately, however, it is based on sheer speculation. The …
-
njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … multi-apartment dwellings.” The officers then searched the common areas for weapons and the suspect. Estevez and … 7 of the New Jersey Constitution.” Id. at 11-12. 3 Ultimately, the Appellate Division conclude[d] that because …
-
njcourts.gov
… Submitted August 16, 2022 – Decided November 14, 2022 Before Judges Accurso and Smith. On appeal from the Superior … to a charge of second-degree robbery in exchange for a recommended discretionary extended term sentence of … Trial counsel argued for leniency but was 6 A-3374-20 ultimately unsuccessful. The sentencing court had more than …
-
njcourts.gov
… Submitted June 6, 2018 – Decided July 12, 2018 Before Judges Alvarez and Nugent. On appeal from Superior … se. Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Joie D. Piderit, Assistant Prosecutor, of … this record that raises a doubt as to the fairness of the ultimate holding that defendant violated the law with regard …
-
njcourts.gov
… Submitted January 15, 2020 – Decided March 5, 2020 Before Judges Koblitz and Whipple. On appeal from the Superior … 10-10-1807. Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on … order vacating a prior order requiring a Frye1 hearing and ultimately denying his post-conviction relief (PCR) petition …
-
njcourts.gov
… Submitted January 29, 2020 — Decided Before Judges Whipple and Mawla. On appeal from the Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). The …
-
njcourts.gov
… Submitted January 14, 2020 – Decided Before Judges Fisher and Gilson. On appeal from the Superior … to foreclose in August 2017. A few days after filing its complaint, and to justify its filing less than two years … to the complaint, or any of the other applications that ultimately produced the final judgment. Although the judge …
-
njcourts.gov
… Submitted May 18, 2020 – Decided July 7, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … a refusal and, of course, we will require a knowing and competent refusal. The judge found there was probable cause … to give a complete[,] lucid and binding response[s][.]" Ultimately, the judge found the fourth element was "also …
-
njcourts.gov
… Submitted March 16, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … waiver of the forty-two-month parole disqualifier and to recommend reduction, under the waiver provision, to one year … comported with the presiding judge's determination. Here, ultimately, the sentencing court correctly carried out that …
-
njcourts.gov
… Submitted March 22, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from Superior … denying reconsideration of a prior order dismissing her complaint against defendants Nardulli, Gibbons and IAC … IAC, seeking assistance. Nardulli responded by email, but ultimately "only repeated Mr. Gibbons' funny questions. As …
-
njcourts.gov
… Submitted January 30, 2018 – Decided Before Judges Leone and Mawla. On appeal from Superior Court … was sentenced to three years in prison and required to comply with Megan's law. Defendant filed no direct appeal, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." At the outset, we note …
-
njcourts.gov
… Argued January 17, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … in September 2007, and plaintiff filed her divorce complaint in December 2007. The Family Part conducted a … is committed to the sound discretion of the trial court."). Ultimately, he valued plaintiff's business at $88,875, and …
-
njcourts.gov
… denying defendant relief, Judge Polansky noted that of the combined seven issues raised by defendant, both in the … a defendant must show that the ineffective assistance ultimately prejudiced the outcome. Ibid. Rule 3:22-10(b) … or by any certification or affidavit. Some arguments revisited issues already decided on direct appeal and were …
-
njcourts.gov
… Submitted December 5, 2017 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … December 27, 2017 2 A-4020-16T3 directing the Motor Vehicle Commission to reinstate the driving while intoxicated (DWI) … five year time period under Rule 3:22-12(a), even though we ultimately conclude that she is not entitled to the relief …
-
njcourts.gov
… Submitted December 7, 2017 – Decided Before Judges Simonelli and Haas. On appeal from the New … status. In 2015, the SWSP Institutional Classification Committee (ICC)1 reviewed Eli's custody status and issued an … to increase an inmate's custody status, but the ICC must ultimately approve that decision. N.J.A.C. 10A:9- 4.4(2). In …
-
njcourts.gov
… Submitted October 30, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … (a) Counsel was ineffective for failing to sufficiently communicate with defendant and prepare a minimally adequate … (App. Div. Mar. 10, 2014) (slip op. at 22-30), and we ultimately found defendant was not prejudiced. …
-
njcourts.gov
… Argued October 21, 2021 – Decided December 2, 2021 Before Judges Alvarez and Haas. On appeal from the New Jersey … two out of three disciplinary charges against Habina, and recommending her termination. The Superintendent agreed that … officer's credibility or "bullying" behavior is ultimately irrelevant. Habina falsified the suspect's …
-
njcourts.gov
… Submitted March 1, 2021 – Decided March 10, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … Peter J. Tober entered the order and rendered a lengthy and comprehensive written opinion, on which we substantially … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …