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… Argued telephonically September 12, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from Superior … December 16, 2016 order dismissing his "class action complaint" under Rule 4:6-2(e), and March 3, 2017 order … that: (A) Such individual has been and will continue to be free from control or direction over the performance of such …
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… Submitted April 29, 2019 – Decided May 7, 2019 Before Judges Sabatino, Mitterhoff and Susswein. On appeal … to parole supervision, the most recent offense he had committed was in September 2003. Subsequent to being … evidence in the record, spanning many years of infraction-free incarceration and favorable psychological evaluations, …
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… Argued April 2, 2019 – Decided Before Judges Fisher, Hoffman and Geiger. On appeal from … to decide the important issues posed in this nearly fact-free environment. We explain. On April 7, 2018, a domestic … return – not counting excludable time – "before commencement of the trial." N.J.S.A. 2A:162-22(a)(2)(a). …
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… Plaintiffs-Appellants, v. TOWNSHIP OF MIDDLETOWN NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … subject for expert opinion, the judge found the Board was free to accept the testimony of the applicant's 2 We could … conclude the universe of data presented on this subject, together with the opinions of two experts who opined the data …
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… Submitted February 14, 2019 – Decided Before Judges O'Connor and Whipple. On appeal from the … In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … of the blood test results, the Law Division judge was free to make his own assessment of the evidence in the …
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… Argued July 31, 2018 – Decided Before Judges Sabatino, Mayer, and Mawla. On appeal from … license. Defendant informed Officer Dorward he had been coming from a family party in Edison and that he owned a … has] a right to respond to . . . the [c]ourt is always free to craft additional jury charges. The following day, …
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… Plaintiff-Appellant, and NEW JERSEY DEMOCRATIC STATE COMMITTEE, Plaintiff/Intervenor- Appellant, v. ANN GROSSI, … Submitted January 9, 2019 – Decided April 8, 2019 Before Judges Nugent, Reisner and Mawla. On appeal from … misconstrued the Legislature's purpose, the Legislature is free, as always, to amend the statutes to clarify its …
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… Defendant-Appellant. Argued September 18, 2018 – Decided Before Judge Ostrer, Currier, and Mayer. On appeal from … 533). Rather, they are related factors to be considered together with such other circumstances as may be relevant. … The judge stated: defendant "appears to remain offense free only when he is confined" and noted any prior attempts …
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… Submitted September 18, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … judge determined defendant was in custody, "clearly the target of the investigation," and opined that even if the … Defendant's statement to the police was a product of his free will, and the detectives did not mislead him. …
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… Argued March 18, 2019 – Decided April 3, 2019 Before Judges Fasciale and Gooden Brown. On appeal from … employed, despite a facile simplicity, actually is not free from doubt as to its meaning, the party is permitted to … remaining issues in this case, the [c]ourt has agreed to revisit the parties' proofs. The [c]ourt now determines that …
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… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … we recognize, as did Judge Minkowitz, that defendant "was free to either accept or reject the testimony of those …
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… Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … her, and dragged her into an alley. She struggled to break free, grabbed his knit hat and briefly saw his face. He then … about this horrible painful night that she just as soon forget. [Ruth] has tried to put the events of April 25, 2002 …
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… Argued November 13, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … believe defendant's vehicle contained contraband, they were free to search anywhere in the vehicle where "there [was] …
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… Argued November 14, 2017 – Decided Before Judges Fisher, Fasciale and Sumners. On appeal from … girlfriend, the child, and a friend (the friend) lived together in an apartment. Defendant broke into the apartment, … established "that a defendant is entitled to a jury that is free of outside influences and will decide the case …
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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from the … the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … Police Department and the Sheriff's Office. In 2012, the Freeholders rejected a proposed ordinance to dissolve the …
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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … of the zoning ordinances. Beginning in 2008, plaintiffs complained to the Township that Route 57 illegally used the … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Submitted May 8, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … Next, we reject defendant's argument that the judge committed plain error by failing to charge false … Yarbough, 100 N.J. 627, 643-44 (1985): (1) there can be no free crimes in a system for which the punishment shall fit …
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… Argued May 7, 2018 – Decided June 6, 2018 Before Judges Ostrer and Firko. On appeal from Superior Court … of assets, plaintiff received the former marital home free of any encumbrances. Defendant retained any equitable … in BRS Produce. At that time, defendant reported a gross income of $115,000 per year.2 The parties agreed that …
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… Argued May 1, 2018 – Decided May 11, 2018 Before Judges Carroll and Mawla. On appeal from Superior Court … from military service in 2005, defendant worked for Computing Technologies, Inc. in Woodbridge, Virginia. From … an alimony obligor changes career, the obligor is not free to disregard the pre-existing duty to provide support." …
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… Argued December 13, 2018 – Decided January 30, 2019 Before Judges Simonelli and O'Connor. On appeal from Superior … lasted approximately ten minutes, and defendant was free to go after Keller handed him the summonses. Defendant … to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably …