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… Submitted February 28, 2024 – Decided April 2, 2024 Before Judges Susswein and Vanek. NOT FOR PUBLICATION WITHOUT … defendant was charged with second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a)(1) and N.J.S.A. … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… Submitted July 30, 2024 – Decided November 25, 2024 Before Judges Rose and Gummer. On appeal from the Superior … stabbing. He was subsequently charged with conduct that, if committed by an adult, would constitute, among other … light 11 A-2548-22 most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… the Law Division, vacating a finding by a hearing officer recommending the termination of respondent Officer Daniel … and forthcoming; 5) the BCPO was "the only neutral and ultimate decider in this matter," and the hearing officer … Super. 504, 517 (App. Div. 1961)). 17 A-1740-23 The Court revisited the progressive discipline doctrine in In re Carter …
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… Argued May 7, 2024 – Decided May 21, 2024 Before Judges Natali and Haas. On appeal from the Superior … Cumberland County and dismissing her negligence-based complaint based on pursuit immunity as provided in the New … from the other officers responding to the code, Glass was ultimately subdued and restrained. Meanwhile, Corrections …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … such as defendant's, for which direct appellate review was complete when the opinion in Jackson was issued. We … abandoned the loans, allowing them to default, which ultimately resulted in foreclosures. Defendant was tried …
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… Submitted March 11, 2019 – Decided April 29, 2019 Before Judges Messano and Gooden Brown. On appeal from … the parties separated, and, in 2014, plaintiff filed a complaint for divorce. Following mediation, on January 17, … July 26, 2017, the arbitrator entered two companion orders, ultimately denying defendant's motion, but modifying his …
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… Argued June 5, 2019 – Decided June 26, 2019 Before Judges Nugent and Mawla. On appeal from the Superior … one $5 bill, and five $1 bills. Officers opened the steel compartment on the rear passenger side of the vehicle with a … admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact." N.J.R.E. …
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… ESQ., BRIAN FRUEHLING, ESQ., and TICOR TITLE INSURANCE COMPANY OF FLORIDA, Defendants, and PAUL J. BURR, ESQ., … Argued December 4, 2018 – Decided January 17, 2019 Before Judges Yannotti and Rothstadt. NOT FOR PUBLICATION … usurped the jury's role as fact-finder by addressing the ultimate issue of fact, made statements that were not …
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… Submitted April 26, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … a controlled dangerous substance (CDS), alprazolam, commonly known as Xanax, N.J.S.A. 2C:35-5(a)(1) (count … type of evidence that I discussed with him . . . [w]hich ultimately led to his decision to enter a guilty plea. …
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… Argued February 28, 2018 – Decided May 18, 2018 Before Judges Fuentes, Manahan, and Suter. On appeal from … 10, 2015. That summary judgment order dismissed his complaint filed against defendants Passaic Public Library … some of them were "moldy and unusable to anyone"; and the "ultimate reason" for writing, (7) relocating several types …
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… Submitted November 1, 2016 – Decided Before Judges Fisher, Leone, and Vernoia. On appeal from … this slip and fall lawsuit, the trial court dismissed the complaint on summary judgment. Plaintiffs appeal. We affirm. … theoretical sources of leakage had occurred. Meinschein ultimately admitted he did not know if the machine leaked or …
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… Argued May 16, 2022 – Decided August 16, 2022 Before Judges Accurso and Enright. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-804. James Katz argued the cause … was not relevant because the "original complaint was ultimately downgraded and dismissed," and "the prejudice [in …
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… Submitted September 30, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior … Defense Irreparably Crippled [Defendant's] Right to a Complete Defense. (2) Trial Counsel's Closing Remarks … informal written decisions, or reasons given for the ultimate conclusion.") . We agree defendant failed to …
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… Naomi Nierenberg, a cousin, Steven, and five family- owned companies, as defendants. In sum, she alleged that to a … 4:42-11(a). Defendant was required to pay the sum the judge ultimately awarded within a specified period of time. He did … of whether as a matter of law plaintiff was entitled to revisit equitable distribution. See R. 2:11-3(e)(1)(E). DOCKET …
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… Submitted February 8, 2021 – Decided March 18, 2021 Before Judges Currier and Gooden Brown. On appeal from the … motion to appeal his drug court denial. Defendant ultimately entered a negotiated guilty plea to a … the terms of the plea agreement, the State agreed to recommend an aggregate sentence of five years' probation, …
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… September 22, 2020 — Decided September 30, 2020 Before Judges Yannotti, Haas, and Mawla. On appeal from the … the girls again. Both disclosed that defendant also committed acts of vaginal penetration with his penis. C.R. … counsel for incomplete discovery, and the arraignment was ultimately completed by December 7, 2015. Two months 7 …
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… Argued December 18, 2019 – Decided April 21, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … PRIOR GUN POSSESSION UNDER N.J.R.E. 404(B), AND COMPOUNDED THE ERROR BY FAILING TO PROVIDE AN APPROPRIATE … authorizes the inference that there is no such permit, the ultimate burden of persuasion rests on the State, with the …
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… telephonically March 25, 2020 – Decided July 14, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … racially discriminated against by his superiors. When she complained to her cousin's supervisor, Hector Mojica, about … disciplinary charges. Plaintiff, represented by counsel, ultimately signed an agreement (the waiver) that she 3 …
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… CARTER, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF LOCAL GOVERNMENT SERVICES … Argued November 4, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the New … filing of a Denial of Access Complaint and the relief ultimately achieved. . . . Carter's request was invalid and …
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… Argued November 13, 2019 – Decided Before Judges Yannotti, Hoffman and Currier. On appeal from … the presence of alprazolam, a prescription medication commonly known as Xanax, at a concentration of thirty- five … TESTIMONY AND B) PERMITTING DR. BRICK TO TESTIFY ABOUT THE ULTIMATE CAUSE OF THE ACCIDENT. (Not raised below). [A.] The …