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… Submitted September 11, 2019 - Decided Before Judges Koblitz and Gooden Brown. On appeal from the … they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … and that he had "chosen not to be [there] on his own free will." During trial, defense counsel argued S.D.'s …
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… Submitted March 19, 2019 – Decided Before Judges Suter and Geiger. On appeal from the Superior … would make the other children watch. In November 2005, Kate complained at school that defendant slapped Sara in the back … State v. Spivey, 179 N.J. 229, 236 (2004). A jury is "free to believe or disbelieve a witness's testimony." State …
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… Submitted November 19, 2019 – Decided Before Judges Fisher and Rose. On appeal from the Superior … arguments and affirm both orders under review. I. We commence our review with a discussion of the relevant legal … (App. Div. 2011) (recognizing that an appellate court is "free to affirm the trial court's decision on grounds …
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… four); two separate counts of first- degree conspiracy to commit kidnapping and robbery, N.J.S.A. 2C:5-2 (counts five … 2017. 5 A-0227-18T4 hearing, pursuant to Rule 3:22-10(b), together with a supporting affidavit, supplemental … such a sentence. Recognizing that "there can be no free crimes in a system for which the punishment shall fit …
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… their motion to vacate the final judgment and dismiss the complaint. We affirm in part, vacate in part, and remand … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … only with great frugality and in none but a clear case free of doubt") (quoting R. 2:10-5, Tomaino v. Burman, 364 …
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… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … on the courts to ensure that defendants receive conflict-free representation." Ibid. (citing State v. Loyal, 164 N.J. …
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… NOS. A-5698-17T2 A-5710-17T2 MFC RESOURCES, INC., MFC COMMODITIES GMBH, MFC COMMODITIES U.S.A., L.P., INC., and … a party defendant pursuant to our June 27, 2019 order. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to be more credible than plaintiffs' witnesses. We are not free to disregard Judge DeLuca's factual findings so long as …
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… Jenssy,2 with two counts of second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. … 14-07-1796. 3 A-3820-17T2 Defendant and Jenssy were tried together on the remaining counts of this indictment. Following … deliberations in order to maintain the secrecy that ensures free communication and independence in the jury room. State …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti, Hoffman and Firko. On appeal from the … guilty of murder and robbery, he pled guilty to offenses committed in March 1984, when Espino and two other persons … such as his "recent program participation" and "infraction free status" since the last panel decision. Espino also …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-1756. Christine M. … Board of Education offices. The common-use parking lots are free for use both by township employees as well as the … the building's tenants, including employees and visitors of the employer. Ibid. The employee had not …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … v. DAVID A. MAZIE and MAZIE SLATER KATZ & FREEMAN, LLC, Defendants-Appellants, v. JOSE BETANCES, … their former client. We reverse. Although the malpractice complaint was filed in November 2017, motion practice …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 17B:27-44.2(d) (group health insurance companies); N.J.S.A. 17:48-8.4(d) (hospital service … states that: (1) [a] payee without notice takes payment free of a restitution claim to which it would otherwise be …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … are performed. 1 See R. 2:2-3(a)(3) (deeming an order compelling or denying arbitration "a final judgment of the … agreement. This is so even when the contract on its face is free from ambiguity." Conway v. 287 Corp. Ctr. Assocs., 187 …
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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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… Submitted January 20, 2022 – Decided January 28, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … the allegations that he possessed child pornography on his computer, and that some of that pornography was available … of all of the witnesses, including Singley. Each juror was free to determine whether Singley's description of a …
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… Argued January 5, 2022 – Decided January 21, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … watch, he saw a zipper sealed bag sticking out of a second compartment beneath the first compartment of the car's … to open the trunk. Once that occurred, the trooper was free to act on the basis of what his senses revealed. [Id. …
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… MEEKINS, Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION, Respondent-Respondent. _________________________ … belief that pension benefits and health benefits are tied together, cannot displace the eligibility requirements [f]or … In Barron, we held N.J.S.A. 52:14-17.32(c)(1) provides that free medical coverage shall be provided to any "retired …
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… Argued April 22, 2020 – Decided April 16, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … Barley and Juan Dunlap with second degree conspiracy to commit armed robbery and/or burglary, N.J.S.A. 2C:5-2 (count … conduct of criminal trials. Further, a grand jury must be free to pursue its investigations unhindered by external …
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… Argued October 21, 2020 – Decided Before Judges Accurso, Vernoia, and Enright. On appeal from … Coleman were walking out of the Garden Spires Housing Complex in Newark, where Grant and his family lived. As the … by imperfect humans, no trial can ever be entirely free of even the smallest defect. [The court's] goal, …
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… Submitted November 16, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 … 466, 470 (App. Div. 2002) (explaining a trial judge is free to accept or reject expert testimony), and she did not …