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… Submitted September 10, 2019 – Decided Before Judges Vernoia and Susswein. On appeal from the New … N.J.A.C. 10A:4-4.1(a)(2)(xxix); and .256, refusing to comply with a staff member's order, N.J.A.C. … DOC alleged that on August 18, 2017, Mesadieu refused to comply with a court order directing that he submit to the …
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… 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 … has established the basis for a Franks hearing. Defendant points to inconsistencies between Z.C.'s ex parte telephonic …
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… Submitted November 7, 2019 – Decided Before Judges Nugent and DeAlmeida. On appeal from the New … point[,] I gave inmate Porter a direct order to stop and he complied." Rosario's responses to Clarke's written … credibility at the hearing. 1 According to Clarke, it is common for an inmate to throw liquid in the face of another …
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… Submitted December 3, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … he pursued defendant's SUV for the motor vehicle violations committed. He used his siren to indicate that he intended to … this point, defendant began braking in the left-hand lane, coming to a stop in the middle of that lane. Trooper Castro …
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… Submitted March 9, 2020 – Decided March 23, 2020 Before Judges Geiger and Natali. On appeal from the Superior … Mayra V. Tarantino, which we amplify with the following comments. I. On March 24, 2004, defendant was charged with … defendant's motion in an April 26, 2019 order. In an accompanying written opinion, she found that "it was within …
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… Argued February 6, 2020 – Decided April 30, 2020 Before Judges Nugent and DeAlmeida. On appeal from the New … February 2015. The withdrawals, for which L.M. was not compensated, totaled $138,533.38. On October 3, 2016, the … imposed a transfer penalty of 417 days to account for the uncompensated transfers from L.M.'s accounts. See N.J.A.C. …
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… July 11, 2019 Resubmitted January 30, 2020 – Decided Before Judges Accurso and Moynihan. On appeal from the … new briefing schedule. The matter is now fully briefed on a complete record. At the municipal trial, the officer who … he recognized the address on defendant's license being a commercial building. The officer confirmed his suspicion on …
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… telephonically March 10, 2020 – Decided July 20, 2020 Before Judges Fisher and Accurso. On appeal from the Superior … of prostitution, and where his department had only recently completed a human trafficking case, on a report of an … to a squad car, the detective spoke to defendant's companion. The detective claimed the woman had been …
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… Submitted June 2, 2020 – Decided July 10, 2020 Before Judges Yannotti and Currier. On appeal from the … 11-01-0005. Joseph E. Krakora, Public Defender, attorney for appellant (Joseph Anthony Manzo, Designated Counsel, on … Following argument on the petition, the court issued a comprehensive written decision on December 19, 2018, finding …
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… Submitted May 26, 2020 – Decided July 22, 2020 Before Judges Sumners and Natali. On appeal from the Superior … for the 2013-2014 school year, Smith filed a Law Division complaint alleging violation of the New Jersey Law Against … Smith, however, stated she did not agree to settling her complaint. After the judge conferenced with Smith and …
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… Argued September 29, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from the … after the sentence was imposed and twelve years after he completed probation. Defendant raises the following issues … from 8 A-0321-19T4 a guilty plea, whether made through commission or omission. 559 U.S. at 369, 374. In State v. …
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… Submitted January 12, 2021 — Decided Before Judges Mawla and Natali. On appeal from the Superior … to extinguish. Araque smelled a "strong odor of marijuana coming from inside the vehicle" and observed defendant … of defendant's person. Defendant raises the following points on appeal: POINT I – THERE WAS NO PROBABLE CAUSE TO …
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… Submitted December 1, 2020 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … Espichan pleaded guilty to second-degree conspiracy to commit robbery and aggravated sexual assault, N.J.S.A. … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-4642-18 129 N.J. at 462-63; …
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… L. HALEY, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent. _________________________ … Submitted February 10, 2021 – Decided March 5, 2021 Before Judges Rose and Firko. On appeal from the New Jersey … before the MVC. On appeal, Haley raises the following points for our consideration: I. [The MVC] Has The Authority …
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… Submitted January 6, 2021 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … Locurto, 157 N.J. 463, 471 (1999). The rule of deference is compelling where, such as here, the municipal and Law … to any special deference," Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995), in which case …
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… Submitted January 25, 2021 – Decided March 24, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … to avoid confusion stemming from she and her husband's common last name. Mary is not a party to this appeal. 3 … of intent to foreclose at least 30 days prior to filing a complaint as required by the FFA. N.J.S.A. 2A:50-56. When …
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… Submitted March 22, 2021 – Decided April 20, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … for the reasons stated by Judge O'Brien in his comprehensive oral decision. We add only the following comments. At the outset, we observe that on appeal defendant …
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… Submitted June 7, 2021 – Decided June 17, 2021 Before Judges Rothstadt, Mayer and Susswein. On appeal from … he could not seek release under the Rule until he completed his mandatory period of parole ineligibility … appeal followed. On appeal, defendant argues the following points: POINT I DEFENDANT'S MANDATORY MINIMUM UNDER NERA …
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… 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 … "[i]t is impossible to know for certain what the final outcome might have been if the diagnosis had been made …
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… Argued May 24, 2021 – Decided August 6, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … Agreement). The Brokerage Agreement entitled plaintiff to a commission on an annual basis for a certain percentage of … [Marjac] sells the leased property to [a] Tenant, . . . a commission equal to five [] percent of the selling price . . …