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… Argued January 29, 2020 – Decided April 28, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … Prior Bad Act Testimony. POINT IV. THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT DENIED DEFENDANT A FAIR TRIAL … whether the confession was "the product of an essentially free and unconstrained choice by its maker . . . ." State v. …
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… telephonically May 26, 2020 – Decided August 6, 2020 Before Judges Messano, Ostrer and Vernoia. NOT FOR PUBLICATION … Carey Curtin (Carey), residents of Ontario, Canada, would become majority shareholders and directors in Onyx.2 Pathak, … regarding Onyx's waiver of the privilege. Plaintiffs are free to make that argument in the trial court. 23 …
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… Argued September 21, 2020 – Decided Before Judges Rothstadt, Mayer, and Susswein. On appeal from … counts of the indictment. The prosecutor also agreed to recommend a twelve-year prison sentence with a three-year … inspection of the May package, the State would be free at the ensuing suppression hearing to argue that the …
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… Submitted November 18, 2020 – Decided Before Judges Whipple, Rose and Firko. On appeal from the … her car, she heard "whistling" and "talking sounds" coming from the left side of the house. She took care of her … "no," but he was "very, very strong" and she was unable to free herself from his tight grip around her throat. C.S. was …
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… Argued November 2, 2020 – Decided February 12, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … possession of a firearm while in the course of committing a CDS offense, N.J.S.A. NC:39-4.1(a) (count … [T]his is an appropriate consecutive sentence. There are no free crimes." The State further noted," [T]he gun was found …
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… Submitted March 3, 2021 – Decided April 7, 2021 Before Judges Fuentes, Whipple, and Firko. On appeal from the … murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a), … to dump a gun, which is exactly what they did. The jury was free to accept or reject the prosecutor's characterization …
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… Argued October 15, 2020 – Decided April 12, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … by the homes closer to the beach. Plaintiffs filed a complaint and order to show cause seeking a declaratory … will not be enforced unless their meaning is clear and free from doubt." Caullett v. Stanley Stilwell & Sons, Inc., …
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… OFFICER JASON DAUNTON, POLICE LIEUTENANT PAUL PAYNE, and FORMER CHIEF OF POLICE, MANUEL CARAVELA, … code. Id. §§ 216-3 to -4. Anyone who obtains a license must comply with the "rules and regulations as well as with all … the [State's] licensing function and permit it to operate free from . . . the threat of tort liability"); Pinkowski v. …
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… Submitted February 10, 2021 – Decided July 7, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … of the divorce, plaintiff Marta Nina earned an annual income of approximately $95,000 while defendant earned … parties' medical insurance. The doctor offered an interest-free payment plan which required each parent to pay $96 a …
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… Submitted May 11, 2021 – Decided July 16, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … was convicted by jury of second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2(b)(2) … two of his codefendants after McMorrow stopped a 2004 Jeep, Freedom Edition, with distinctive chrome roof-racks and …
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… Argued September 23, 2020 – Decided August 13, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … against defendants Rose, Meineke, and Seeger alleging common law negligence, and negligent supervision by Meineke … would "be able to resume an active lifestyle and pain-free daily life." This prognosis 15 A-4426-18 pertained only …
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… Submitted September 15, 2021 – Decided September 28, 2021 Before Judges Geiger and Susswein. On appeal from the Board of … in this matter, appellant's privacy constitutes a compelling interest that outweighs the Judiciary's … N.J. Super. 155, 165 (App. Div. 2001). The factfinder is free "accept some of the expert's testimony and reject the …
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… TOWNSHIP OF LACEY (OCEAN COUNTY), BOARD OF EDUCATION OF THE FREEHOLD REGIONAL HIGH SCHOOL DISTRICT (MONMOUTH COUNTY), … Brick Township, Petitioners-Appellants, v. LAMONT REPOLLET, Commissioner, New Jersey Department of Education, and … enactment. Abbott XX, 199 N.J. at 175. In 2011, the Court revisited the SFRA due to funding shortages. Abbott v. Burke, …
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… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. THETA HOLDING COMPANY, L.P., EUROPEAN METAL GROUP, and ARMANDO PEÑA, … Respondent, v. LUIS PEÑA, Third-Party Defendant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … UCC, a holder in due course takes the negotiable instrument free of the obligor's claims and defenses that do not arise …
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… Argued October 18, 2021 – Decided November 8, 2021 Before Judges Sumners and Firko. On appeal from the Superior … who denied slashing her tires. He stated he wanted to come over and bring a pair of sneakers for B.C., but T.B. … In Yarbough, the Supreme Court noted "there can be no free crimes in a system for which the punishment shall fit …
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… Submitted November 1, 2021 – Decided November 24, 2021 Before Judges Sumners and Firko. On appeal from the Superior … "[t]he basis of the alimony is [defendant's] imputed income of $25,000 per year and [plaintiff's] income of … only $6,000." Defendant also owns the marital home debt free, having a value of approximately $268,000. Defendant …
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… Argued September 22, 2021 – Decided November 23, 2021 Before Judges Fuentes, Gooden Brown, and Gummer. On appeal … an unmarked white Crown Victoria sedan, well - known in the community as a police vehicle. At approximately 3:45 p.m., … a police officer accosts an individual and restrains his freedom to walk away." Terry v. Ohio, 392 U.S. 1, 16 (1968). …
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… Argued October 20, 2021 – Decided December 22, 2021 Before Judges Hoffman, Geiger, and Susswein. On appeal from the New Jersey Board of Pharmacy, Division of Community Affairs, Department of Law and Public Safety. … non-pharmacists from competing against them in the free market." 23 A-2080-19 Petitioner relies on N.C. State …
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… Submitted January 31, 2022 – Decided February 8, 2022 Before Judges Fasciale and Vernoia. On appeal from the … indictment charged that on November 25, 2015, defendant committed the following nine offenses: third-degree … defendant's testimony, the court found he entered his "plea freely and voluntarily" upon the "advice of competent …
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… Submitted February 10, 2022 – Decided May 3, 2022 Before Judges Mawla, Mitterhoff and Alvarez. On appeal from … drive after drinking, are responsible, you are at risk to commit another offense." Judge Borkowski emphasized that … but gave it "no great weight." Defendant had been offense-free since 2010 but had been "under the scrutiny of the …