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… Submitted May 31, 2017 – Decided Before Judges Messano and Grall. On appeal from the Superior … and possession of a firearm while in the course of committing certain drug offenses, N.J.S.A. 2C:39-4.1. In a … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). "In order …
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… Submitted December 6, 2016 – Decided Before Judges Messano and Suter. On appeal from the Superior … probability" that the deficient performance affected the outcome. Id. at 58. "A reasonable probability is a probability … alleged in the light most favorable to the defendant, will ultimately succeed on 6 A-5596-14T2 the merits," ibid., and …
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… INC., MARIE SCHLATTER AGENCY, INC., and FARMERS INSURANCE COMPANY OF FLEMINGTON, Defendants. … Argued April 26, 2017 - Decided Before Judges Fuentes, Carroll, and Farrington. On appeal from … property when she started to cut the tree branches and ultimately fell. There is no evidence the tree branches …
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… Argued November 9, 2016 – Decided June 27, 2017 Before Judges Ostrer and Leone. On appeal from the Superior … four adjournments of scheduled Sheriff's sales. A sale was ultimately scheduled for April 29, 1 The mortgage note … a quiet title action in Superior Court. Perry's verified complaint to quiet title followed. The court entered Perry's …
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… Submitted May 30, 2017 – Decided Before Judges Sabatino and Geiger. On appeal from Superior … from the store's cash register. Defendant claims that he committed the robbery because he was addicted to heroin. On … Court statute). N.J.S.A. 2C:35-14(b)(1). Although defendant ultimately was not convicted of first-degree robbery, he did …
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… Submitted April 25, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from … for the reasons expressed by Judge Terrence R. Cook, in his comprehensive and well-reasoned June 17, 2014 written … likelihood 6 A-0267-14T4 that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued April 27, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior … to represent Investacorp. Before the arbitration hearing commenced, 1 In 2007, NASD became known as the Financial … testimony and reviewed documentary evidence. The panel ultimately found in plaintiff's favor. The panel ordered …
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… Submitted November 6, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … and convicted by a jury of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2; … and not from opinions . . . or reasons given for the ultimate conclusion.'"). A-4726-15 Rollins asserted a number …
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… Argued November 8, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Tax Court … he included a [fifteen percent] entrepreneurial profit when computing his costs-to-cure claiming that was the standard … 290, 312 (1992) (explaining that when a court "rejects the ultimate conclusions as to the true value proffered by the …
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… Submitted November 9, 2017 – Decided Before Judges Manahan and Suter. On appeal from the New Jersey … "a substantial likelihood exist[ed] that [Kennedy] would commit a new crime if 1 See N.J.A.C. 10A:71-3.21(d) … the statute in effect at the time, "[t]he Parole Board's ultimate determination of parole fitness must be based on …
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… Submitted January 31, 2018 — Decided Before Judges Koblitz and Manahan. On appeal from the Division … submitting certain financial documentation evidencing his income and financial resources. P.D. failed to submit his … date was September 25, 2015 and P.D.'s application was ultimately denied on November 5, 2015. 7 A-2605-16T3 and …
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… Submitted November 15, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … child support obligation as of the emancipation date and to compel defendant to pay the share of the child's college … the motion. We are not suggesting how this issue should ultimately be decided. We offer these observations solely …
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… v. GEOPEAK ENERGY, a New Jersey Limited Liability Company, and GENE KINGMAN, Defendants-Respondents. … Submitted April 30, 2019 – Decided May 21, 2019 Before Judges Hoffman and Enright. On appeal from Superior … May 11, 2018 order conflicts with the June 9, 2017 order. Ultimately, when it rejected plaintiff’s recycled arguments, …
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… Submitted May 2, 2019 – Decided May 16, 2019 Before Judges Simonelli and Whipple. On appeal from the Board … impaired to discharge the duties of a teacher. Id. at 5. We commented that "[t]he credible evidence in the record … of the risk of medication discontinuation. LoPreto ultimately concluded that Starling continued to be totally …
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… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … by defendant knowing the judge would likely decide — as he ultimately did — to admit his unsanitized prior convictions …
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… INS. CO., Appellant. Submitted March 15, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … failed to appear for sentencing the previous week. It then commenced an investigation, which initially consisted of … to make reference to it in her findings as fatal to her ultimate conclusion that a twenty-percent remission was …
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… Submitted September 13, 2016 – Decided Before Judges Kennedy and Gilson. On appeal from the Superior … Analis does not reside at the property. Plaintiffs filed a complaint in March 2012, claiming that defendants … evidence showing that there was construction activity. Ultimately, the motion judge reasoned that there was nothing …
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… Submitted November 13, 2018 - Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … plaintiff Nildia Acosta- Santana and dismissing the divorce complaint with prejudice, and a subsequent order denying the … [defendant's] premarital portion of his assets would have ultimately been taken into account in the equitable …
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… Submitted July 9, 2019 – Decided August 28, 2019 Before Judges Hoffman and Currier. On appeal from an … Officer Travis Paul, who was on patrol in a local apartment complex. Officer Paul left the complex and drove onto South … unlawful." Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] …
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… Submitted October 24, 2018 – Decided May 10, 2019 Before Judges Koblitz and Ostrer. On appeal from Superior … was also convicted of separate possessory firearms offenses committed the day he was arrested, May 20, 2003. He received … ineffective-assistance-of-counsel analysis, that the jury ultimately acquitted defendant of the conspiracy count. …