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… Submitted June 6, 2017 – Decided Before Judges Reisner and Rothstadt. On appeal from the … appeals from his conviction for second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2, … OFFERED AND CONSTITUTES AN ABDICATION OF THE COURT’S ULTIMATE SENTENCING AUTHORITY UNDER N.J.S.A. 2C:43-6 and …
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… Defendant-Appellant. Submitted January 24, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … think I can do a better job than [defense counsel] when it comes to representing myself. But, if I make mistakes, then … to interfere during the trial or influence trial strategy. Ultimately, the judge found that defendant had made an …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. RENFORD WILSON, Defendant-Appellant. … to murder, armed robbery, armed burglary, conspiracy to commit armed robbery, and related weapons offenses. He was … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see State v. …
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… Submitted December 4, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … because the period of parole ineligibility did not comply with the requirements of the No Early Release Act … opinions, oral decisions . . . or reasons given for the ultimate conclusion."). Defendant gave a statement to police …
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… Submitted February 13, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… Submitted January 8, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … why he delayed in calling the police, but the court ultimately ruled the co-worker could explain what the word … is one who "tells on a certain individual after they committed a crime, and anything . . . can happen to that …
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… Submitted February 27, 2018 – Decided Before Judges Carroll and DeAlmeida. On appeal from Superior … if he denied 3 A-2402-16T3 the adjournment request, and ultimately entered an FRO against defendant, the trial court … cross-examine plaintiff. The court concluded that defendant committed harassment against plaintiff in violation of …
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… Submitted October 19, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. … informal written decisions, or reasons given for the ultimate conclusion." (citations omitted)). 6 A-3854-15T2 …
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… CITY, ROBERT BYRNE, in his official capacity as City Clerk for the City of Jersey City; and SEAN J. GALLAGHER, in his … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right-to-know. We detailed some of the litigation … searches outside the original record request. Instead, it ultimately furnished additional certifications. Lastly, the …
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… Submitted February 27, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … and separated in 2010. In 2014, plaintiff filed a divorce complaint. Defendant failed to answer the complaint. … and that a meritorious defense is available. The court ultimately determined "there was no showing of excusable …
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… POLICE DEPARTMENT. Submitted December 14, 2016 – Decided Before Judges Alvarez and Accurso. On appeal from the Civil Service Commission, Docket No. 2012-2210. Fusco & Macaluso Partners, … some legally competent evidence must exist to support each ultimate finding of fact . . ."). Without that information, …
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… Submitted April 4, 2017 – Decided Before Judges Messano and Suter. On appeal from the New Jersey … "poor judgment and impulsive behavior" and that he "would become involved in future crime, regardless of his … Under that iteration of the statute, "[t]he Parole Board's ultimate determination of parole fitness must be based on …
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… Submitted June 7, 2017 – Decided July 14, 2017 Before Judges Accurso and Lisa. On appeal from Superior Court … facts would have had the probability of changing the outcome of the trial. Further, the judge pointed out that … demonstrate a reasonable likelihood that he or she will ultimately succeed on the merits. State v. Marshall, 148 …
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… Argued June 1, 2017 - Decided June 23, 2017 Before Judges Lihotz, Whipple and Mawla. On appeal from … a Law Division order affirming an arbitration award that compelled CURE to arbitrate a Personal Injury Protection NOT … report in rebuttal, which reached a contrary conclusion. Ultimately, the arbitrator concluded defendant rebutted …
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… Argued October 15, 2018 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ascertain its condition. In response, AC again refused to complete the sale. Although recognizing it could seek … retention of the deposit monies and a formula for their ultimate disposition. It argues that because plaintiff …
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… discretion or error of law in the trial court's cogent and comprehensive opinion. The trial judge reconsidered the four … HER MOTION TO WITHDRAW HER PLEA. 4 A-4461-15T1 Defendant revisits each of the four factors, focusing on the court's … is not necessarily fatal to an effective waiver. "[T]he ultimate focus must be on the defendant's actual …
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… Submitted January 25, 2022 – Decided July 25, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … attend mental health and substance abuse treatment, and to comply with all accompanying recommendations. Defendant … basic principles of contract law." Means, 191 N.J. at 622. Ultimately, the plea-bargaining process is guided by …
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… Submitted June 2, 2022 – Decided July 5, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … for armed robberies, attempted robberies, conspiracies to commit robbery, aggravated assaults, and weapons offenses … judge hearing testimony on the second day of the hearing. Ultimately, the first judge who heard all the State's …
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… Submitted May 3, 2022 – Decided June 22, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … entry of his judgment of conviction, defendant filed a complaint in the Law Division seeking PCR. He alleged that … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted November 16, 2021 – Decided June 21, 2022 Before Judges Currier and DeAlmeida. On appeal from the … stopped his car in the parking lot of his condominium complex. After speaking with defendant, the officer … State v. Kashi, 360 N.J. Super. 538, 545 (App. Div. 2003). Ultimately, "[t]he vital requirement of [the statute] is …