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… Submitted April 25, 2017 – Decided Before Judges Leone and Vernoia. On appeal from the Superior … defendants' motion for summary judgment and dismissing the complaint based on statute of limitations grounds.1 We … court, which requires summary judgment be denied if "the competent evidential materials presented, when viewed in the …
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… Submitted December 4, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … State's expert and his own expert agreed that defendant was competent to stand trial on the charges. On the first day of … of a child. In return for his plea, the State agreed to recommend that the judge give defendant a suspended sentence, …
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… Submitted March 28, 2022 – Decided July 12, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … which would establish he could not have abused the victim; completely evaluate or impeach the evidence; and introduce … 219 N.J. 298, 312 (2014) (finding PCR petitions must be "accompanied by an affidavit or certification by defendant, or …
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… Submitted January 5, 2021 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … ineffective assistance of counsel for failing to present a complete defense." Defendant also submitted a pro se … opinion, R. 2:11-3(e)(2), adding only the following brief comments about Point II. Defendant argues that both his …
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… Submitted January 12, 2021 – Decided March 26, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … 387, 400 (App. Div. 2013); R. 3:22-12(a)(1)(A). "Absent compelling, extenuating circumstances, the burden to justify … co-perpetrator who testified against defendant, has completed the probationary sentence imposed for his plea to …
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… Submitted February 10, 2021 – Decided March 25, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … on February 7, 2018, an Essex County probation officer recommended defendant as an appropriate candidate. On March … the judge concluded the prosecutor gave a thorough and complete review of defendant's application and background, …
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… Submitted September 23, 2020 – Decided Before Judges Fuentes and Rose. On appeal from the Superior … twenty-year sentence he was serving in Pennsylvania. He becomes parole eligible on November 6, 2026. Defendant moved … 1985). This appeal followed. Defendant raises the following points on appeal: POINT I BECAUSE RULE 3:21-10(B)(2) …
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… Submitted May 26, 2020 – Decided September 9, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the New … possession of a weapon for an unlawful purpose. 3 The FET commenced on Vasquez's parole eligibility date of March 3, … criminal behavior. On appeal, Vasquez raises the following points for our consideration: POINT I: THE PAROLE BOARD'S …
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… Submitted May 28, 2020 – Decided June 29, 2020 Before Judges Haas and Enright. On appeal from the Superior … for the reasons expressed in Judge James J. McGann's comprehensive oral opinion of February 15, 2019. In 2010, … and second-degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.la (count …
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… Submitted April 27, 2020 – Decided June 2, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … extended to defendant a plea offer in which it would recommend to the court a sentence of twenty-five years, … evidentiary hearing is required. His brief presents those points in this fashion: POINT ONE THE INEFFECTIVE ASSISTANCE …
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… Argued April 21, 2021 – Decided May 26, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … Gibson argued the cause for appellant (Law Offices of Viscomi & Lyons, attorneys; Colin Gibson, on the briefs). Gregg … CAT scan and x-rays were taken. At the hospital, plaintiff complained of pain in his back, both shoulders and elbows, …
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… Submitted August 2, 2021 – Decided August 12, 2021 Before Judges Sabatino and Mawla. On appeal from the Superior … Showups often occur at the scene of a crime soon after its commission." Henderson, 208 N.J. at 259. As that language … would justify a hearing. Because even a seemingly innocuous comment can falsely inflate a witness' 7 A-2075-18 …
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… Submitted June 30, 2020 – Decided July 20, 2020 Before Judges Vernoia and Rose. On appeal from the Superior … hearing. On appeal, defendant raises the following points for our consideration: POINT ONE [DEFENDANT] IS … health issues "could amount to excusable neglect to overcome the time bar." Following argument on November 30, 2017, …
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… Submitted June 2, 2020 – Decided July 14, 2020 Before Judges Fisher and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-253. Caruso Smith Picini PC, … there existed a "material and controlling dispute 3 Simpson points out that the Commission had consolidated his matter …
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… Argued October 16, 2019 – Decided October 25, 2019 Before Judges Fisher and Accurso. On appeal from the Superior … by refusing to close; the judge awarded $31,653.80 in compensatory damages in seller's favor on her … of a lead paint disclosure statement; and (4) the judge's computation of damages was erroneous. We find insufficient …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY PROPERTY AND CASUALTY INSURANCE … Argued December 2, 2019 – Decided Before Judges Fasciale and Mitterhoff. NOT FOR PUBLICATION …
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… Submitted October 7, 2019 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … a multi-count indictment with second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count one); … filed the motion. On appeal, defendant raises the following points: POINT I THE PCR COURT ERRED BY DENYING DEFENDANT'S …
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… Submit November 18, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … opinion of Judge William A. Daniel. We add only a few comments. The underlying facts are detailed in our April … of the police officers was inconsistent on certain points. The prosecutor was simply offering a benign reason …
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… Submitted March 8, 2021 – Decided May 14, 2021 Before Judges Mayer and Susswein. On appeal from the New … of loss of recreation privileges, and ten days of loss of commutation time. Venable immediately appealed the decision. … a hearing before a neutral hearing officer or adjustment committee, the right to present witnesses and evidence, and …
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… Argued December 9, 2021 – Decided January 20, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … affirm. The procedural history in this case mandates the outcome. On May 1, 2019, plaintiff filed a complaint against defendants, alleging the breach of a …