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… Argued November 5, 2018 – Decided Before Judges Sabatino, Haas and Mitterhoff. On appeal from … detention of J.P., an individual who is suspected of committing burglary and theft. The State sought the court's … interests essentially have two components: (1) the freedom to move about society and not be detained by …
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… Submitted May 31, 2022 – Decided July 8, 2022 Before Judges Rothstadt and Natali. On appeal from the … for clarity and to avoid any confusion caused by their common last name. 3 A-0011-21 divorce litigation. In their … understood that Anthony and Carol would "have the property free and clear of the debt." Balsamo's notes from his …
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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 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … they may be talked out." LaFera, supra, 42 N.J. at 106. "Freedom of debate might be stifled and independence of … recognition of the need to 'insure free debate in cases to come,' and to 'prevent the unsettling of verdicts after they …
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… Argued July 19, 2022 – Decided August 12, 2022 Before Judges Sabatino, Gilson and Susswein. On appeal from … [DEFENDANT] WAS GUILTY OF POSSESSING THE HANDGUN, AND THE ACCOMPANYING INSTRUCTION TO THE JURY THAT IT COULD FIND HE … State Constitution guarantee individuals the right to be free from unreasonable searches and seizures." State v. …
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… Submitted March 28, 2022 – Decided June 7, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … in the home while the application was made unless she was accompanied by an officer. Hughes informed defendant she must … a search warrant violated her constitutional right to be free from unreasonable searches and seizures; resolution of …
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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 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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… 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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… 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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… 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 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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… 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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… 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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… Submitted January 21, 2020 – Decided March 5, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … drew five to ten thousand attendees at any given time. To accommodate the large crowd, United provided portable … Rahway, 168 N.J. 191, 199 (2001)). An appellate court is "free to affirm the trial court's decision on grounds …
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… Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, ANNE H. MOCKRIDGE, and OSCAR A. MOCKRIDGE, III, … Argued November 4, 2019 – Decided March 19, 2020 Before Judges Fasciale and Rothstadt. NOT FOR PUBLICATION … diary entry, Allstate indicated that "[t]he observation of free phase oil seems to indicate a coverage trigger . . . ." …
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… Submitted May 1, 2019 – Decided Before Judges Nugent and Mawla. On appeal from the Department … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-5603. Kotlar, … need not show that the rug was defective or that she was free from fault. Respondent, however, cannot be denied the …
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… Argued December 11, 2019 – Decided Before Judges Haas, Mayer and Enright. On appeal from the … FINDINGS. POINT IV 4 A-4243-17T1 EVEN IF ANY ONE OF THE COMPLAINED-OF ERRORS WOULD BE INSUFFICIENT TO WARRANT … acknowledged that defendant and Bradbury were not free to leave while they were on the highway waiting for the …