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- STATE OF NEW JERSEY VS. SEAN P. MCARDLE (13-07-1338, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… any other adverse determination, including his motion to compel the State to disclose the CI's identity, and his … he had "given []his permission voluntarily of [his] own free will without coercion, fear, or threat." The consent … judge pointed out that "[e]ach of [defendant's] arguments revisit[ed] those previously argued before the trial court and …
- njcourts.gov… DIVISION DOCKET NO. A-0336-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF F.Z.S., SVP-393-05. … Argued September 25, 2019 – Decided Before Judges Koblitz and Gooden Brown. On appeal from the … "fully rule-compliant at the STU[,]" and being offense free for over twenty-two years, the fact that the State's …
- njcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-0039-18T3 JAMES R. FREESWICK, Plaintiff-Appellant/ Cross-Respondent, v. WAYNE … Argued October 15, 2019 – Decided January 13, 2020 Before Judges Sumners and Natali. On appeal from the Superior … On appeal, plaintiff contends, under OPRA and the common law right of access to public records, he is entitled …
- DAVID A. FORMAN VS. AMY LEVENSON (FM-02-1773-10, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-3518-17T4 DAVID A. FORMAN, Plaintiff-Respondent, v. AMY LEVENSON, … expenses into a trust, parenting time, and imputation of income) would be determined by the court if they could not … parties have entered into the Agreement or Consent Order freely and voluntarily, after due consideration of the …
- njcourts.gov… LLC, MLTK, LLC, McMENAMIN FAMILY SHOPRITE, INC., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Cross-Appellants, and LEXINGTON INSURANCE COMPANY AND THE ASSOCIATED AGENCIES INC., Plaintiffs, v. BWD … should be fair and courteous, grounded in the evidence, and free from "[u]nfair and prejudicial appeals to emotion." Id. …
- njcourts.gov… telephonically April 28, 2020 – Decided June 12, 2020 Before Judges Yannotti, Hoffman and Currier On appeal from the … BE REVERSED BECAUSE THE COURT VIOLATED DEFENDANT'S RIGHT TO COMPULSORY PROCESS AND HIS RIGHT TO PRESENT A COMPLETE … offense, would have believed that the alleged victim freely and affirmatively" consented. N.J.S.A. 2C:14-7(d). …
- njcourts.gov… Argued telephonically June 1, 2020 – Decided July 7, 2020 Before Judges Sumners, Geiger and Natali On appeal from the … for the first time that he was fourteen years old when he committed his crimes. He argues that N.J.S.A. … based upon the Eighth Amendment's "fundamental right to be free of cruel and unusual punishment" and did not establish …
- njcourts.gov… Defendants-Respondents. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … agreed to pay 1.5 million dollars to the Federal Maritime Commission (FMC). Direct purchasers of RO-RO shipping … of Congress.'" Id. at 616 (quoting Mich. Canners & Freezers Ass'n v. Agric. Mktg. & Bargaining Bd., 467 U.S. …
- njcourts.gov… Argued September 30, 2020 – Decided Before Judges Haas, Mawla, and Natali. On appeal from the … The Church of Saint Theresa in Kenilworth filed a municipal complaint against defendant, charging her with the petty … from the school" in the event of violation, she was free to "deny" the request and bring the children to the …
- njcourts.gov… Argued October 14, 2020 – Decided Before Judges Fisher, Gilson and Gummer. On appeal from … its investigation, the Board in 2004 adopted a resolution recommending that the Township Council designate a portion of … restricted in its use of the Off-Site Contribution and is free to use the Off-Site Contribution in any manner it sees …
- njcourts.gov… SNOW PLOWING, STATE FARM FIRE AND CASUALTY INSURANCE COMPANY and CLG BROADWAY, LLC, Defendants-Respondents. … Argued October 28, 2020 – Decided Before Judges Ostrer and Vernoia. NOT FOR PUBLICATION WITHOUT … "after-the-fact" "if the indemnitee is adjudicated to be free from active wrongdoing regarding the plaintiff's …
- STATE OF NEW JERSEY VS. MICHAEL J. REILLY (08 19, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued November 16, 2020 – Decided March 3, 2021 Before Judges Currier and DeAlmeida. On appeal from the … was running, its lights were on, and there was loud music coming from the vehicle. Sabados could see the driver, later … language, which states: "All persons are by nature free and independent, and have certain natural and …
- njcourts.gov… Argued February 4, 2021 – Decided Before Judges Yannotti, Mawla, and Natali. On appeal from the … had two children who reside with defendant. After filing a complaint for divorce, plaintiff filed a case information … agreement. This is so even when the contract on its face is free from ambiguity." Atl. N. Airlines v. Schwimmer, 12 N.J. …
- njcourts.gov… and NANCY SISCO as Administratrix Ad Prosequendum for the Estate of Rosa Rodriguez-Sanchez, Deceased, … of Rosa's post-operative condition. They said Rosa was uncomfortable for most of the day and her mouth was swollen. … 1997). The article in question, "Unfavorable Results After Free Tissue Transfer to Head and Neck: Lessons Learned at …
- STATE OF NEW JERSEY VS. AL-RAHEEM S. MARROW (16-06-1858, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 7, 2021 – Decided October 22, 2021 Before Judges Haas and Mitterhoff. On appeal from the Superior … defendant Al-Raheem Marrow with first-degree conspiracy to commit murder (count one); first-degree murder (count two); … Bynes. "The fact is, defendant did not remain silent, but freely related different stories to the police." Ibid. Under …
- STATE OF NEW JERSEY VS. NATHAN WILLIAMS, III (15-02-0128, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted September 16, 2021 – Decided October 28, 2021 Before Judges Fuentes and Gilson. On appeal from the Superior … Through his counsel, he contends that (1) the prosecutor's comments throughout the trial constituted misconduct … accurate and should not be relied on. While defendant was free to make those arguments at trial, we discern no abuse …
- STATE OF NEW JERSEY VS. NAHSHAUN K. WHITE (17-02-0393, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… judge's refusal to consider [defendant]'s request to revisit the identification issue was improper. POINT II THE IDENTIFICATION INSTRUCTION WAS INCOMPLETE, RESULTING IN PLAIN ERROR THAT DEMANDS REVERSAL. … For example, the trial judge instructed the jury it was "free to consider any other factor based on the evidence or …
- njcourts.gov… of the participants in these proceedings. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … together for [two] years. As [Dwayne] was not evaluated, no comments may be made regarding his parenting capacity or any … J., concurring)). We have recognized: [a] party is free to waive objection to the admission of hearsay …
- njcourts.gov… Submitted November 15, 2021 – Decided December 2, 2021 Before Judges Rothstadt and Natali. On appeal from the … which time Detective Macolino testified defendant was not free to leave. He exited his vehicle and approached the … 7) one count of second-degree possession of a weapon while committing certain CDS offenses, N.J.S.A. 2C:39-4.1(a) and …
- njcourts.gov… Argued December 15, 2021 – Decided February 22, 2022 Before Judges Sumners and Firko. On appeal from the Superior … Division, Bergen County, Docket No. L-5015-17. R. Armen McOmber argued the cause for appellant (McOmber McOmber & … employers may not act for a prohibited purpose, they are free, when unlawful discrimination is not a factor, to make …