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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 NOT FOR PUBLICATION … J.B. often threatened F.P., and the stabbing did not come as a surprise to her.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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… Submitted September 25, 2019 – Decided Before Judges Koblitz and Gooden Brown. On appeal from the … arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … defendant pushed Flores and "lunged at [him] with a knife," ultimately stabbing Flores "[t]hree" times, twice "in the …
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… Submitted October 3, 2019 — Decided Before Judges Whipple and Mawla. On appeal from the Superior … for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … old. He was waived to adult criminal court and ultimately entered into a negotiated plea to one count of …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted September 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … 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 31, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … and reserved decision. In an order dated August 28, 2017, accompanied by a Statement of Reasons, the court granted … involved in this case misdirected the court's analysis and ultimately led to a legally untenable outcome. Under Section …
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… Submitted December 4, 2019 — Decided Before Judges Koblitz, Whipple, and Mawla. On appeal from an … other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … canine unit's arrival on scene the prolonged, delayed, and ultimately interrupted the mission of the motor vehicle stop …
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… Submitted November 6, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … who contacted local hospitals and learned that a man had come to a hospital with stab wounds above the right eye 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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… Defendant-Appellant. Submitted October 3, 2019 – Decided Before Judges Alvarez and Nugent. On appeal from the Superior … to five years probation, contingent upon his successful completion of drug court. The Law Division judge before … in blood-spatter analysis still qualified as an expert). Ultimately, "[t]he trial court has discretion in determining …
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… 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 …
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… 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 …
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… 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 …
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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 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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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plea and elected to take the case to trial. However, he ultimately agreed to plead guilty on the day jury selection was to begin in exchange for a sentencing recommendation of a five-year Drug Court probationary term; …
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… DIVISION DOCKET NO. A-2315-20 TOWNSHIP OF MONTCLAIR COMMITTEE OF PETITIONERS and MONTCLAIR PROPERTY OWNERS … plaintiffs created a website. The website provided visitors with the opportunity to read the ordinance and the … not match the pen-and-ink signatures in the voter system. Ultimately, after examining both the petition and amended …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in 1999 by enacting the Electric Discount and Energy Competition Act (EDECA). L. 1999, c. 23 (eff. Feb. 9, 1999). … In remanding this matter to the Board, we recognize that ultimately the issue to be determined regarding the petition …
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… Argued September 29, 2021 – Decided December 20, 2021 Before Judges Whipple, Geiger, and Susswein. On appeal from … summary judgment and dismissing her personal injury complaint against defendant City of Newark (City). … cyclist lost control of her bicycle.2 Ibid. The Court ultimately held that "[e]ven when viewed in the light most …