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… Submitted May 26, 2020 – Decided June 9, 2020 Before Judges Fasciale and Rothstadt On appeal from the … granted defendant's request for an evidentiary hearing, but ultimately denied his petition on April 15, 2016. Defendant … as time barred. III. Defendant argues that the prosecutor committed a Brady violation by allegedly failing to turn …
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… Submitted March 4, 2020 – Decided June 3, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2019-40. Scarinci & Hollenbeck LLC, … when the City unilaterally adopted the ordinance, ultimately eliminating terminal leave for PBA unit members …
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… 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 …
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… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … for a gunshot wound, and the police investigation that ultimately led to defendant 's arrest and indictment. … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that …
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… Submitted March 12, 2020 – Decided April 23, 2020 Before Judges Alvarez and DeAlmeida. NOT FOR PUBLICATION … J.B. often threatened F.P., and the stabbing did not come as a surprise to her. She confirmed J.B. had placed … v. I.H.C., 415 N.J. Super. 551, 584-86 (App. Div. 2010). Ultimately, "the fact-sensitive nature of abuse and neglect …
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… Submitted March 9, 2020 – Decided March 20, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … facts in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. Judge Caulfield …
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… Argued March 4, 2020 – Decided May 22, 2020 Before Judges Alvarez, Suter, and DeAlmeida. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. Nos. 2019-30 and 2019-43. Michael … bond with a newborn is not appropriate use of sick leave." Ultimately, STFA filed with PERC a request to submit the …
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… Argued September 14, 2020 - Decided Before Judges Mayer and Susswein. On appeal from Superior … equity, we affirm the trial court's ruling that Loree must compensate the Estate for the value of Dianne's share of the … the transfer to Loree was done in two steps. Judge Stein ultimately concluded that Loree owed $100,000 to the …
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… Defendant-Appellant. Submitted October 15, 2020 – Decided Before Judges Rose and Firko. On appeal from the Superior … Monmouth County indictment. He also pled guilty to two companion motor vehicle summonses: driving while intoxicated … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. 9 A-4400-18T3 The PCR …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … judge's November 8, 2019 orders denying their motion to compel monetary compensation from plaintiff, Wells Fargo … reversal and remand has since been cured. Considering the ultimate resolution of the NOI issue, and in view of …
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… Submitted September 14, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the New … final agency decision. I. This case arises from a robbery committed in August 1988. The victim resisted when Anderson … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… Submitted February 26, 2020 – Decided February 2, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … no legal basis to disturb the PCR judge's findings and ultimate legal conclusions. The record we have described at …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. VALTER SFORCA, Defendant-Appellant. __________________________ … to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … the reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted September 21, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… 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 …
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… 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 …