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… Submitted February 13, 2024 – Decided March 5, 2024 Before Judges Mayer and Enright. On appeal from the Superior … the terms of the plea agreement, the State agreed to recommend a five-year prison term subject 3 A-3339-21 to the … drug court. 4 A-3339-21 If you're successful in drug court, ultimately you would be placed on probation and all these …
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… Submitted October 30, 2023 – Decided January 10, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … for the "sheriff['s] department and was doing hand-to-hand combat training. He had his [right] leg extended and felt a … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Argued March 6, 2023 – Decided July 17, 2023 Before Judges Gooden Brown and Mitterhoff. NOT FOR PUBLICATION … Airbnb Payment, Inc. (collectively, "Airbnb"), motion to compel arbitration.1 We affirm, substantially for the … by a consumer. 7 A-0455-22 [(citations omitted).] Ultimately, the judge concluded that: Based on the …
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… Submitted March 28, 2023 – Decided June 15, 2023 Before Judges Susswein and Berdote Byrne. On appeal from the … of reconsideration of its order dismissing the amended complaint on statute of limitations grounds in this appeal … exercised "for good cause shown and in the service of the ultimate goal of substantial justice." Johnson v. 9 …
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… Argued April 29, 2024 – Decided May 28, 2024 Before Judges Gilson and Jacobs. On appeal from the Superior … and date of birth, which were provided. After running a computer search, Riaz learned defendant's driver's license … result. He continued to the front passenger seat area, and ultimately the glove compartment, where he discovered a …
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… Submitted April 22, 2024 – Decided May 30, 2024 Before Judges Sabatino and Marczyk. On appeal from the New … General, on the brief). PER CURIAM This appeal involves the computation of an incapacitated person's available assets … on any of those exceptions here. If the transfer penalty is ultimately imposed, applicants may contest that …
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… Submitted May 20, 2024 – Decided June 3, 2024 Before Judges Mawla and Vinci. On appeal from the Superior … ("PCR"). We affirm. On January 19, 2019, defendant and an accomplice entered a residence with the purpose of committing … a reasonable likelihood that [their] . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued March 4, 2024 – Decided April 10, 2024 Before Judges Gilson, Berdote Byrne, and Bishop- Thompson. On … home. In contrast, L.I. informed the police that she had become lost the evening before and defendant had picked her … bail. See State v. Johnson, 61 N.J. 351, 364-65 (1972). Ultimately, the trial court found that defendant failed to …
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… Submitted April 16, 2024 – Decided April 23, 2024 Before Judges Mayer and Augostini. On appeal from the Superior … murder. In exchange for his plea, the State agreed to recommend "the mandatory extended term under the Graves Act," … The judge found "nothing to suggest that the ultimate sentence was incorrect" or that defendant "would …
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… NO. A-0945-21 IN THE MATTER OF THE DENIAL OF A PERMIT FOR STANDARD WELLNESS, CO., NJ, LLC TO OPERATE AN … Enright. On appeal from the New Jersey Cannabis Regulatory Commission. Leo J. Hurley, Jr., argued the cause for … without question or doubt what facts and factors led to the ultimate conclusions reached." Ibid. Even where an agency's …
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… Submitted February 7, 2024 – Decided March 7, 2024 Before Judges Firko and Susswein. On appeal from the Superior … an evidentiary hearing for the reasons set forth in her comprehensive thirty-seven-page written opinion. Judge … and intelligible decision" about the plea offer, which he ultimately rejected. Citing State v. Williams, the judge …
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… Argued January 9, 2024 – Decided March 12, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … the $3,000 check. On January 26, 2021, Pearson filed a complaint against QAEC and COAF. He alleged: violation of … which statements are true and which statements are not. Ultimately, for that reason the court[ is] going to deny the …
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… Submitted November 28, 2023 – Decided March 14, 2024 Before Judges Gooden Brown and Natali. On appeal from the … who was yelling for help with her hands up and blood coming down her face. The police detained defendant and … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To …
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… Submitted October 25, 2023 – Decided November 6, 2023 Before Judges Mayer and Enright. On appeal from the Superior … time decision. By that date, defendant had filed a divorce complaint in Bergen County. Based on the pending divorce … informal written decisions, or reasons given for the ultimate conclusion."); see also R. 2:2-3(a). 5 A-0953-21 …
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… Submitted October 23, 2024 – Decided January 24, 2025 Before Judges DeAlmeida and Puglisi. On appeal from the … and, at defendant's trial, Rodriguez admitted he was not completely honest during this interview. 3 Defendant's … reliable. Id. at 289. If the State makes that showing, the ultimate burden is "on the defendant to prove a very …
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… Submitted September 19, 2023 – Decided October 2, 2023 Before Judges Sumners and Perez Friscia. On appeal from the … restraining order (TRO) after he filed a domestic violence complaint alleging defendant committed the predicate acts of … of brotherly fighting," but assessed the testimony and ultimately found plaintiff's testimony was more credible …
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… Argued April 17, 2024 – Decided April 30, 2024 Before Judges Firko and Susswein. On appeal from the Board of … disability retirement benefits. On remand, the Board complied with our instructions and addressed our concerns … evidence of injury to explain [petitioner]'s symptoms." Ultimately, the ALJ found Dr. Lomazow's opinion to be more …
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… Roman Hirniak was improperly pleaded as Roman Herniak. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … without prejudice plaintiff Paul Marinaccio's first amended complaint for failure to state a cause of action pursuant to … violation infringed on his rights to access the courts; he ultimately succeeded on appeal and proceeded to file a civil …
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… Submitted October 24, 2023 – Decided November 17, 2023 Before Judges Rose and Perez Friscia. On appeal from the … on the following charges: first - degree conspiracy to commit murder, N.J.S.A. 2C:5-2, :11-3(a)(1) to (2) (count … "had some conceivable effect on the outcome." Id. at 693. Ultimately, "[a]n error by counsel, even if professionally …
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… DIVISION DOCKET NO. A-1428-22 UNITED SPECIALTY INSURANCE COMPANY, Plaintiff-Respondent, v. CENTURY WASTE SERVICES, … Argued October 18, 2023 – Decided November 20, 2023 Before Judges Currier and Susswein. On appeal from the … such an agreement, the insurance company cannot be held ultimately responsible for payments otherwise required by …