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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 …
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… Argued January 3, 2022 – Decided January 21, 2022 Before Judges Accurso and Rose. On appeal from the Superior … acts. In May 2017, defendant was charged in a two-count complaint-warrant with second-degree sexual assault, … to defense counsel, the director further stated "the ultimate decision regarding PTI was not his to make." The …
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… Argued November 8, 2021 – Decided December 3, 2021 Before Judges Sabatino and Mayer. On appeal from the Superior … Personal Injury Protection (PIP) benefits sufficient to comport with the requirements under N.J.S.A. 39:6A-4. After … litigation, and result in savings to insurance carriers and ultimately the public' by reduced premiums."). With passage …
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… NEW JERSEY, INC., d/b/a BANK OF NEW JERSEY, Defendants. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … accordingly to $7,500 pursuant to an updated appraisal completed in September 2019. On November 11, 2019, plaintiff … 272. The Court remanded for a plenary hearing, holding: the ultimate burden of proving arbitrariness in the choice of …
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… Argued September 23, 2021 – Decided November 23, 2021 Before Judges Alvarez and Mawla. On appeal from the Superior … later found at the scene of defendant's arrest was compatible with the murder weapon. As Talley drove away, he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). Even if we …
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… Submitted October 19, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … transcript of the withdrawal motion hearing, the PCR judge ultimately denied defendant's petition, reasoning that "the …
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… Submitted January 5, 2021 – Decided March 12, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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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 …