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- STATE OF NEW JERSEY VS. SAMUEL VIANA (16-12-1524, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued April 11, 2018 – Decided August 31, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from … driver's license had been suspended by the Motor Vehicle Commission (MVC) as a sanction, as opposed to a suspension … 2C:40-22 does not support the trial judge's analysis and ultimate conclusion. The State argues the Legislature …
- njcourts.gov… Submitted May 21, 2018 - Decided Before Judges Messano and Accurso. On appeal from Superior … inadequate to counter the potential prejudice. The court ultimately concluded it "just [did not] believe that under … either the witness or the victim, both of whom were in the company of police officers" when the eyewitness made the …
- njcourts.gov… Argued November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … found sufficient evidence to support the charges and recommended that both Varga and Jarema be terminated. Sheriff … de novo hearing equivalent to a new trial. The motion judge ultimately applied a 7 A-5250-14T3 level of review that …
- njcourts.gov… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … Argued April 30, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … However, given the nature of the motion, Judge Salas ultimately declined "to take a position on the validity of …
- njcourts.gov… Submitted June 5, 2018 – Decided July 6, 2018 Before Judges Sumners and Moynihan. On appeal from Superior … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, 61 N.J. at … State's introduction of: the eight-year-old victim's fresh complaint4 on the date of the assault; her video- recorded …
- njcourts.gov… Defendants-Respondents. Argued April 18, 2018 — Decided Before Judges Koblitz, Manahan, and Suter. On appeal from … CURIAM Plaintiff Thomas W. Kenyon filed a September 3, 2014 complaint against defendants Rutgers University, Bruce Fehn, … related to the merger and that Rutgers' management made the ultimate decisions regarding the merger. Rutgers retained …
- DAVID CULAR VS. MT IMPORTS, INC., ET AL. (L-1250-14, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued May 15, 2018 – Decided June 5, 2018 Before Judges Fasciale, Sumners and Natali. On appeal from … to permit an inference of age discrimination,'" Bergen Commercial Bank v. Sisler, 157 N.J. 188, 213 (1999) (quoting … who is a 'similarly situated' employee." Ibid. The "ultimate burden of persuading the trier of fact that the …
- njcourts.gov… Submitted February 28, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … thorough fifteen-page opinion, Judge Robert P. Becker, Jr., comprehensively addressed defendant's claims of error. We … no impropriety in the exclusion, although A.A. herself ultimately testified about the sexual experimentation. M.P., …
- STATE OF NEW JERSEY VS. FRANK L. MARSH (09-02-0348, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted November 6, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … to the delicatessen after receiving a report Russo did not come home A-5189-15T1 3 the previous evening. The police … day in an effort to obtain Oxycontin from him. Chicarella ultimately met with defendant at around 10:00 p.m., at which …
- STATE OF NEW JERSEY VS. ROGER COLEY (13-07-0726, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted March 14, 2018 – Decided Before Judges Koblitz and Manahan. On appeal from Superior … correct? A: Yes. Defendant further testified that he had completed the plea forms with his attorney's assistance, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; accord State v. …
- STATE OF NEW JERSEY VS. MOHAB S. KHAN (15-12-1455, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted March 6, 2018 – Decided Before Judges Mawla and DeAlmeida. On appeal from Superior … continued to ramble in a sexually aggressive matter. Ultimately, defendant admitted he ingested LSD, and remained … defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped …
- njcourts.gov… Submitted December 21, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … under the plea agreement.1 1 Four of the indictments encompassed multiple counts, and two included first-degree … all six indictments referenced above and differed from the ultimate offer that is the subject of this appeal in that it …
- PAUL CIBELLI, JR. VS. JEANNETTE P. QUIROGA (L-5258-11, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued December 14, 2017 – Decided Before Judges Simonelli, Rothstadt and Gooden Brown. On appeal … and dismissing counts one through three of his four- count complaint.1 We reverse. Quiroga and Cibelli began a romantic … what was going on[,] that [she] was going to regret it." Ultimately, the Family Part judge denied Quiroga the FRO and …
- STATE OF NEW JERSEY VS. NATHAN T. MILLER (15-06-0310, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant-Appellant. Submitted January 22, 2018 - Decided Before Judges Sabatino and Rose. On appeal from Superior Court … 2015. The probation officer did not reference defendant's computerized criminal history ("CCH") that also includes a … not substitute our judgment for that of the prosecutor in ultimately determining whether to admit defendant into the …
- njcourts.gov… Submitted December 19, 2017 — Decided Before Judges Gilson and Mayer. On appeal from Superior Court … defendant to have no contact with the victim, and to comply with Megan's Law restrictions. Defendant appeals his … prompted by comments in [defense counsel's] summation"). Ultimately, "it was for the jury to decide whether to draw …
- STATE OF NEW JERSEY VS. EARL T. MOORE (09-04-1407, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted November 9, 2017 – Decided Before Judges Alvarez and Currier. On appeal from Superior … witnesses identified the individuals, and an apartment complex surveillance camera captured the events that … a reasonable likelihood that his or her claim . . . will ultimately succeed on the merits." R. 3:22-10(b). However, …
- STATE OF NEW JERSEY VS. AMIR W. KREPS (09-02-0580, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted September 18, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … certain persons charge, and related firearms charges, and recommend an aggregate thirteen-year sentence, consisting of … v. Braithwaite, 432 U.S. 98, 114-16 (1977). 1 The officers ultimately let defendant and O'Neill go after they offered …
- njcourts.gov… Submitted November 1, 2017 – Decided Before Judges Fuentes and Suter. On appeal from Superior Court … (Division) filed an order to show cause and verified complaint under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, and … consider using other more appropriate means of discipline. Ultimately, the Division concluded the allegation of abuse …
- njcourts.gov… Submitted October 12, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2744. Jacobs & Barbone, PA, … the truck's bed was left upright overnight, and that he ultimately left the truck in the care of other employees. …
- njcourts.gov… Submitted November 29, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … the officer found more than one ounce of marijuana in a compartment of the car. A Passaic County Grand Jury returned … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] We review …