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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … Div. 1994), "[t]rial [c]ounsel does not have the ability to compel a plea offer as the prosecutor solely possesses this …
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… Argued September 29, 2020 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6103). On August 5, 2015, Scott filed a denial of access complaint with the GRC. He argued that the HCFFA custodian …
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… Submitted December 16, 2020 –Decided March 4, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … empty. He then began to search the center console, glove compartment, and back seat. Not finding anything of … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID …
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… Medical School, and Rutgers University Hospital. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Charles Talian (Paul R. Garelick, on the brief). Giblin Combs Schwartz Cunningham & Scarpa attorneys for respondent … denying their motion to dismiss plaintiff Charles Talian's complaint for failure to file a timely notice under the New …
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… ownership of ARISTACARE AT CHERRY HILL, LLC, d/b/a NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 25, 2020 order denying their motion to dismiss plaintiff's complaint and compel arbitration. We conclude the judge 3 … 5 A-0519-20 On appeal, defendants raise the following points for this court's consideration: POINT I THE [JUDGE] …
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… Argued February 10, 2021 – Decided April 14, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … BECAUSE THE INTERVIEWER FAILED TO EXTRACT A PROMISE FROM COMPLAINANT TO TELL THE TRUTH OR OTHERWISE DISCUSS TRUTH AND …
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… Submitted April 26, 2021 – Decided May 21, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … 8 A-4080-19 On appeal, plaintiff raises the following points for our consideration: POINT I: PURSUANT TO [RULE] …
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… Submitted March 16, 2021 – Decided June 23, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … N.J.S.A. 2C:35-7.1 (count seven); he was also charged in a complaint- warrant with possession of marijuana, N.J.S.A. … any question as to his citizenship. Although defendant points out a Morristown Police Department arrest report …
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… Argued November 12, 2020 – Decided June 25, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … August 9, 2018 amended order dismissing the first amended complaint with prejudice, and a January 25, 2019 order … for variances to renovate the Tavern for residential and commercial purposes that are unrelated to the present …
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… Argued August 17, 2021 – Decided September 7, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … the driver of a vehicle, 10 A-1865-19 or its occupants, is committing a motor-vehicle violation or a criminal or … the person's liberty has been restricted." State v. Bacome, 228 N.J. 94, 104 (2017) (citing State v. Smith, 134 …
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… Submitted September 14, 2021 – Decided October 14, 2021 Before Judges DeAlmeida and Smith. On appeal from the Superior … that term. On appeal, defendant argues that the trial court committed plain error in three separate aspects of its jury … out of concern, she texted her mother, telling her not to come home. Defendant discovered the warning text on his …
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… Submitted November 17, 2021 – Decided December 13, 2021 Before Judges Hoffman and Whipple. On appeal from the Superior … charge. However, in defendant's pre-sentence report (PSR) completed on or around May 10, 2013, defendant stated, "I … which was entered with regard to an eluding charge. He points to after acquired information, specifically a memo …
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… Submitted October 4, 2021 – Decided December 8, 2021 Before Judges Rothstadt and Natali. On appeal from the … by yelling "No, fuck you." All of them ignored his command.2 Devlin remained outside the residence and waited … else said by the vehicle's occupants. 5 A-4238-19 to either come outside or he would tow the car. A few seconds later, …
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… Argued January 18, 2022 – Decided January 26, 2022 Before Judges Fasciale and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2471. Zinovia H. Stone argued … General, attorney for respondent New Jersey Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the …
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… Submitted January 20, 2022 – Decided January 28, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … the allegations that he possessed child pornography on his computer, and that some of that pornography was available for download by other users of a peer-to-peer computer network. The events leading to the indictment …
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… Argued January 27, 2022 – Decided April 28, 2022 Before Judges Haas, Mawla and Alvarez. 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(a)(1), second-degree … and we affirm, except we remand for the trial judge to revisit the issue of merger. The following is drawn from the …
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… Submitted March 3, 2022 – Decided May 17, 2022 Before Judges Haas, Mawla and Alvarez. On appeal from the … participation would have 6 A-0525-20 affected the outcome. In fact, defendant did not even identify sidebars of … Now on appeal, defendant raises the following three points: POINT I THE PCR COURT ERRED IN DENYING [DEFENDANT'S] …
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… Submitted May 3, 2022 – Decided June 1, 2022 Before Judges Whipple and Susswein. On appeal from the … the individual. Because without that contact, the citizen's complaint cannot be investigated reasonably. . . . I think reality and common sense have to guide this [c]ourt in looking at the …
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… ROCKLEIGH COUNTRY CLUB, LLC, Plaintiff-Appellant, v. HARTFORD INSURANCE GROUP a/k/a THE HARTFORD d/b/a HARTFORD FIRE INSURANCE COMPANY, STRATEGIC INSURANCE PARTNERS, INC., PHILIP D. … Plaintiff submitted a claim to defendant Hartford Insurance Company for business interruption coverage under a one-year …
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… Submitted April 26, 2022 – Decided July 18, 2022 Before Judges Currier and Smith. On appeal from the Superior … Cooper, school principal, emailed plaintiff regarding complaints from parents of children in plaintiff's class. … Civil Rights Act claims. We disagree on each of these points and affirm in part for the reasons that follow. A. In …