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- A-2256-16T3 Opinionnjcourts.gov… Argued October 2, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from the Superior … direct appeal Smith's convictions of murder, conspiracy to commit murder, and related weapons offenses, State v. Smith, … Carter, 69 N.J. at 427-28. 6 A-2256-16T3 We also review the ultimate decision to grant a new trial for an abuse of …
- A-1154-18T1 Opinionnjcourts.gov… Submitted November 12, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Superior … instead reached for the car's clock and air vents, ultimately hitting the lock button for the car door. … the following colloquy: OFFICER MARSICANO: Where are you coming from? [DEFENDANT]: From New Jersey. OFFICER …
- A-4437-17T1 Opinionnjcourts.gov… Submitted December 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … Plaintiff filed a motion to enforce litigant's rights and ultimately a third realtor was retained. Following three …
- A-5598-17T3 Opinionnjcourts.gov… Argued December 2, 2019 – Decided January 17, 2020 Before Judges Fasciale and Moynihan. On appeal from the New … were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status … prove or otherwise chose not to prosecute—charges that were ultimately dismissed. In doing so, it seemingly disregarded …
- A-0220-18T3 Opinionnjcourts.gov… Submitted October 28, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Superior … THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR … to protect their identities. 5 A-0220-18T3 controls, and ultimately landing by N.I.'s foot. Y.G. was in the front …
- A-5363-17T1 Opinionnjcourts.gov… Submitted January 30, 2019 – Decided April 2, 2019 Before Judges Koblitz and Currier. On appeal from Superior … individual in the car in a white shirt with a design commemorating a deceased individual. Nieves followed the … variables." Henderson, 208 N.J. at 289. However, "the ultimate 11 A-5363-17T1 burden remains on the defendant to …
- A-0820-17T4 Opinionnjcourts.gov… Submitted March 5, 2019 – Decided March 22, 2019 Before Judges Hoffman and Geiger. On appeal from Superior … for felony murder and other offenses, subject to the outcome of proceedings on remand regarding the prosecutor's … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-4693-18T4 Opinionnjcourts.gov… Submitted June 4, 2020 – Decided July 13, 2020 Before Judges Alvarez and DeAlmeida On appeal from the … of third- degree criminal mischief, N.J.S.A. 2C:17-3, one committed in Camden County on April 8, 2017, at the Trump … "unlikely the program can be tailored to meet her needs." Ultimately, the prosecutor concluded any benefit from …
- A-3306-18T2 Opinionnjcourts.gov… Submitted June 2, 2020 – Decided July 8, 2020 Before Judges Yannotti and Hoffman. On appeal from the … during the opening statement, the trial court provided a comprehensive curative instruction advising the jury "to … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.’" State v. Porter, 216 …
- A-0213-18T2 Opinionnjcourts.gov… Submitted May 4, 2020 – Decided July 2, 2020 Before Judges Fasciale and Moynihan. On appeal from the … as a participant in planning and carrying out the robbery—committed after all three men traveled from Jersey City to … In an obvious attempt to obtain separation from what ultimately was shown by ballistics testing to be the murder …
- A-5481-16T1 Opinionnjcourts.gov… Submitted January 30, 2020 – Decided June 25, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … Stemmed from an Improper Consideration of Charges that were Ultimately Dismissed. C. The Sentence Should Be Reduced … Okay. A. Yes. Yes. Expert testimony is required "to explain complex matters that would fall beyond the ken of the …
- A-4664-18T2 Opinionnjcourts.gov… Submitted May 19, 2020 – Decided June 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … and arrested E.M. W.F. went to the police station to file a complaint against E.M. W.F. left her seven-year-old son … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
- A-1778-14T1 Opinionnjcourts.gov… Submitted February 27, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … in 2009, the victim heard very loud music and banging doors coming from defendant's apartment. After the victim … 522, 538 (2011) (emphasis added).] Here, the trial judge ultimately refused to grant an adjournment because defendant …
- A-1570-15T1 Opinionnjcourts.gov… Argued February 1, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from the Division … [b.] Pension membership [number;] [c.] Eligible incentive compensation receivable[;] [d.] Amount of trade-in, buy-out … require the participants to retire is not germane to the ultimate funding especially since each of the participants …
- A-4090-14T3 Opinionnjcourts.gov… Submitted February 6, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … 2C:15-1; seven counts of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2; … Counsel testified she prepared defendant for trial and ultimately for his testimony. She explained she met with …
- A-2762-15T2 Opinionnjcourts.gov… Submitted March 28, 2017 – Decided Before Judges Messano and Espinosa. On appeal from Superior … Ass'n, 132 N.J. 330, 334 (1993)). II. The original complaint was filed against Winfield Scott Corp. d/b/a Envy … tactics of [the defendant] may have been the genesis of the ultimate default judgment entered against him, the sanction …
- A-4445-14T3 Opinionnjcourts.gov… Submitted November 7, 2016 – Decided Before Judges Sabatino, Nugent and Currier. On appeal from … The first order denied, in part, plaintiffs' motion to compel discovery. The second order granted summary judgment … (quoting Robbins v. Jersey City, 23 N.J. 229, 241 (1957)). Ultimately, a reviewing court must determine "whether the …
- A-3771-13T2/A-3772-13T2 Opinionnjcourts.gov… Argued September 12, 2016 – Decided Before Judges Nugent and Haas. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-1708 and 2012- 2828. Dominick … occurring at TPH. When preparation of the manual was ultimately tasked to another employee, the employee …
- A-5204-15T4 Opinionnjcourts.gov… Submitted June 7, 2017 – Decided August 2, 2017 Before Judges Simonelli and Gooden Brown. On appeal from the … the error. 3 A-5204-15T4 the remaining counts and a recommended aggregate ten-year prison term, subject to the No … nor change the ingredients of the offen[s]e or the ultimate facts necessary to establish guilt." Perez, supra, …
- A-5645-14T1 Opinionnjcourts.gov… Submitted March 7, 2017 – Decided Before Judges Messano and Espinosa. On appeal from Superior … several lanes of Interstate 78 West, ignoring the officer's commands to stop. When police caught up with him, defendant … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …