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A-2426-23 Briefs
Briefs
njcourts.gov
… the arbitrator and PFOA with information related to the composition of the unit and unit salary costs. (Not Argued … longevity into salary for existing members. (Award at 61). Ultimately, when considering internal comparability in the … A-002426-23 20 245, 253-254 (1978)(“when…the arbitration process is compulsory, the judicial review should extend to …
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njcourts.gov
… from his convictions for: second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 2C:15-1; first- … his Jeep to the crime scene garage. Detective Grace Marotta processed the Jeep and collected nine items from the … Error. B. The Admission of Wormley's Lay Opinion on An Ultimate Issue Also Constituted Plain Error. C. The …
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A-0238-23 Briefs
Briefs
njcourts.gov
… ENFORCEMENT OF THE TRIAL COURT’S CONDITIONAL JUDGMENT COMPELLING THE BOROUGH OF EMERSON TO BUILD AFFORDABLE … Plaza Newark, NJ 07102 (201) 643-7000 jfiorenzo@sillscummis.com sklein@sillscummis.com Counsel for ERUR JOSEPH B. … itself and then sell it to the developer. 82a ¶ 10. But ultimately Emerson expressly instructed ERUR to purchase the …
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A-0025-23 Briefs
Briefs
njcourts.gov
… 2C:35-7.1, and 2C:35-5b(1); possession of a gun during the commission of a drug crime under N.J.S.A. 2C:39-4.1a; and … to 02:35) Detective Camacho testified that, as Mr. Sapp complied with the detective’s order to place his hands on … presence.” See Costa, 327 N.J. Super. at 32. But it was ultimately “an ambiguous indicator of involvement in …
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A-3984-22 Briefs
Briefs
njcourts.gov
… RULINGS BEING APPEALED Judgment of Conviction and Order for Commitment, Atlantic County Indictment No. 20-01-00092-I … number, and then, they were taken back to the station for processing.” (2T104-5 to 10) The detective also told the … to 108-17, 109-12 to 111-19, 132-2 to 138-17) The court ultimately overruled those objections and permitted the …
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A-16-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… OF HUMAN SERVICES, CAROLE JOHNSON IN HER CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES, STATE OF … under the rubric of a "regulatory taking," though it cannot ultimately succeed on these facts, and it is unclear if … to "first obtain individual decisions under the rate appeal process." (Op. 16.). On the merits of the takings claim, the …
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njcourts.gov
… sleeping. Defendant said he wanted to see if Londono was communicating with a prior boyfriend. Defendant told … up questions. Defendant said he wanted to leave, refused to comply when Uruymagov asked him to stay, and exited the … and to draw reasonable inferences from basic facts to ultimate facts." Jackson v. Virginia, 443 U.S. 307, 319 …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MERCER … See NFPA 921, § 19.6.5. “Negative corpus” is a form of the process of elimination. It involves “[i]dentifying the … upon the subject”). Furthermore, because Det. Sturchio’s ultimate opinion that the fire was incendiary rests on the …
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A-2446-23 Briefs
Briefs
njcourts.gov
… Record: Eric R. Breslin (024971983) ERBreslin@duanemorris.com On the Brief: Melissa S. Geller (041242012) MSGeller@duanemorris.com Co-counsel: Andrew R. Sperl (033612011) … or conduct an evidentiary hearing. The Probate Court ultimately rendered its decision based on the language of …
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A-2794-23 Briefs
Briefs
njcourts.gov
… II THE TRIAL COURT ERRED BY GRANTING THE STATE’S MOTION TO COMPEL BUCCAL SWABS BECAUSE THE SIGNIFICANT DELAY IN SEEKING … delayed and deprived Barptelus of his right to due process. FILED, Clerk of the Appellate Division, October 17, … Labor Executives’ Ass’n, 489 U.S. 602, 619 (2007)). “The ‘ultimate measure’ of a governmental search is …
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A-0506-23 Briefs
Briefs
njcourts.gov
… – and – OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Defendant-Respondent-Cross-Appellant. BRIEF FOR … by Birch was unreasonable and excessive. (Pa441-474). Ultimately, the trial court adhered to the June 9 Order, but … false because she knew at that time that Birch was in the process of purchasing the Real Property directly from the …
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A-3416-22 Briefs
Briefs
njcourts.gov
… 40 State v. Comer, 249 N.J. 359 (2022) … second-degree possession of a firearm in the course of committing a violation of N.J.S.A. 2C:35-5, in violation of … applied for a search warrant of the premises which ultimately revealed Brignolle’s driver’s license, utility …
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njcourts.gov
… and on a jury's request during deliberations. We further recommend that the Model Criminal Jury Charge Committee … judge." 213 N.J. at 546-47. The trial court retains the "ultimate discretion" to deny such playback requests. Id. at … (1) the video was a simulation created for the adversarial process by an expert and not, as here, real evidence of the …
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njcourts.gov
… and on a jury's request during deliberations. We further recommend that the Model Criminal Jury Charge Committee … judge." 213 N.J. at 546-47. The trial court retains the "ultimate discretion" to deny such playback requests. Id. at … (1) the video was a simulation created for the adversarial process by an expert and not, as here, real evidence of the …
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njcourts.gov
… Page 2 of2 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS GLOUCESTER CITY ORGANIC RECYCLING, LLC … efforts to redevelop an area known as Southport, which ultimately resulted in the designation of the Southport … 190,000 square foot organic recycling facility, which would process organic materials into electricity, liquid fuels and …
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njcourts.gov
… odor of marijuana emanating generally from the passenger compartment of a vehicle without first determining whether the odor is coming specifically from the vicinity of the glove box?1 And … might be elsewhere in the automobile." Id. at 12. Ultimately, the Court concluded the search of the trunk 4 …
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njcourts.gov
… DOCKET NO. ESX-L-003949-19 Civil Action ORDER This matter coming to be heard on (1) the Defendants WellCare Health … discovery.” Ibid. New Jersey permits long-arm service of process on a non-resident defendant “consistent with due … IV The Defendants contend that, because the Plaintiff ultimately seeks to recover for “underpayment” of Medicare …
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njcourts.gov
… DIVISION DOCKET NOS. A-2830-21 A-3320-21 STAVOLA ASPHALT COMPANY, INC. and STAVOLA LEASING, LLC, … was for an asphalt manufacturing facility, and its ultimate application for a use variance was to construct a … plant since at least 1960 to present day. c. The process of manufacturing concrete and asphalt is similar, …
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njcourts.gov
… Borough of Seaside Park. After taking over four years to complete hearings, the Berkeley Township Planning Board … detriment" to the Township, according to Wiser. E. Due Process Concerns About three months after the petition for … prong of this analysis is much more speculative and, ultimately, unclear. Is it a benefit for the richest, most …
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njcourts.gov
… But they may not use deadly force if they can retreat with complete safety. The castle doctrine provides an exception … access to the draft charges under discussion, counsel ultimately agreed with the court’s proposed charge and had … four to six months’ rent. He also testified he was in the process of moving to the apartment complex in September 2017 …