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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … a motor vehicle that police believed he used during the commission of a fatal shooting. The State maintains police … to the car. Additional surveillance video recovered from a Best Buy located near a State Highway 55 onramp depicted …
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… Argued March 28, 2023 – Decided April 11, 2023 Before Judges Geiger and Susswein. On appeal from the Superior … a back room alone, grabbed her by her arms and repeatedly commented about getting back together." When Lindy's … testimony, develops a "feel of the case" and is in the best position to "make first-hand credibility judgments …
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… from a tile walkway to a carpeted area. Plaintiff filed a complaint alleging in pertinent part she "was caused to slip … and involved an unreasonable risk of physical harm to visitors." The court observed plaintiff disavowed her … statement. Giving plaintiff all reasonable inferences, at best, she identified the location of the fall, but could not …
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… Argued November 29, 2023 – Decided April 4, 2024 Before Judge Vernoia and Walcott-Henderson. On appeal from the … against him with prejudice based on a finding of incompetency pursuant to N.J.S.A. 2C:4-6(c).1 On appeal, the … and concluded "[h]is prognosis really is . . . at best, guarded." In response to defense counsel's question 3 …
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… Submitted March 11, 2024 – Decided April 5, 2024 Before Judges Mawla and Marczyk. On appeal from the Superior … account; improperly took M.H.'s purse, diamond ring, and computer when he went to her home with law enforcement to … circumstances of the plaintiff and defendant; (4) [t]he best interests of the victim and any child; (5) [i]n …
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… the parties' personal and financial circumstances in its comprehensive written decision, we only summarize the … observes witnesses and listens to their testimony is in the best position "to make first -hand credibility judgments … and review such conclusions de novo. Thieme v. Aucoin-Thieme, 227 N.J. 269, 283 (2016). "Accurate, complete …
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… Submitted November 8, 2023 – Decided November 29, 2023 Before Judges Whipple, Mayer and Enright. On appeal from the … application, A.N.H. represented he was never confined or committed to a mental institution or hospital for mental … and A.N.H., "at wors[t] . . . falsified his application; at best . . . minimized his mental health issues" when he …
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… Submitted November 14, 2023 – Decided December 5, 2023 Before Judges Enright and Paganelli. On appeal from the … the home. With the front door open, officers heard "crying coming from the basement." Therefore, the officer in charge … that it would corroborate his position today is at best hopeful but without question[,] a bald assertion." …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … posing as a fourteen-year-old girl, into traveling or accompanying the defendant to some location other than the … of statutory language is acknowledged as "'the best indicator of [the Legislature's] intent.'" Tumpson v. …
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… Submitted November 29, 2023 – Decided December 13, 2023 Before Judges Firko and Susswein. On appeal from the Superior … County, Docket No. FV-08-1017-22. Tonacchio, Spina & Compitello, attorneys for appellant (Stephen R. Cappetta, on … circumstances of the plaintiff and defendant; (4) The best interests of the victim and any child; (5) In …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3523-21 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY, … Records Custodian for the NEW JERSEY CIVIL SERVICE COMMISSION, and NEW JERSEY CIVIL SERVICE COMMISSION, … Court has determined that "the trial court [is] 'the best forum to elicit facts about the parties' interests …
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… Argued January 29, 2024 – Decided March 7, 2024 Before Judges Sabatino, Mawla, and Chase. On appeal from the … accepted. The jury found defendant guilty of conspiracy to commit murder and weapons charges and not guilty on … a juror's demeanor," and held "[the trial court] is in the best position to ascertain whether hesitancy or equivocation …
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… Submitted March 19, 2024 – Decided March 26, 2024 Before Judges Haas and Natali. On appeal from the Superior … jury selection, however, the State alleged defendant had committed additional offenses against E.K. As a result, … I will sit here as long as you want me to and do the best I can to answer your questions. DEFENDANT: I'm fine. …
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… Defendants-Respondents. _____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … cross-motion for summary judgment, and dismissed their complaint with prejudice. We reverse and remand for further … to the board by operation of sections 4.01(2) and (3). As best we can discern, plaintiffs filed amended complaints on …
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… Argued January 16, 2025 – Decided February 24, 2025 Before Judges Natali and Walcott-Henderson. On appeal from the … to N.J.S.A. 40:55D-70(b). Gloucester sought to build a commercial solar project in Franklin Township's B Business … goal when interpreting a statute and, generally, the best indicator of that intent is the statutory language." …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … This litigation began in April 2015 when plaintiffs filed a complaint and order to show cause to enforce their OPRA … Div. 2017). This is because a "trial court [is] in the best position to weigh the equities and arguments of the …
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… Argued November 13, 2024 – Decided March 6, 2025 Before Judges Gooden Brown and Smith. On appeal from the … R. 1:36-3. 2 A-1438-23 Plaintiff Thomas Maloney was a commissioner with the Carlstadt Sewerage Authority when he … the plain language of the statute, which is typically the best indicator of [the Legislature's] intent." In re Plan …
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… Argued June 3, 2024 – Decided June 20, 2024 Before Judges Gilson and DeAlmeida. On appeal from the … Luis noticed that the black object was a handgun. In the commotion, Luis slapped the handgun out of defendant's hand … have any more success than Officer Papakostas's did. At best, they would be redundant – demonstrating only that …
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… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Respondent. _____________________________ Argued June 4, 2024 – Decided July 3, 2024 Before Judges Gooden Brown and Puglisi. NOT FOR PUBLICATION … was obligated to examine whether her then assignment best fit its educational objectives and policy. Union Cnty. …
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… Submitted April 15, 2024 – Decided July 8, 2024 Before Judges Gilson, Bishop-Thompson, and Jacobs. On appeal … Thereafter, in October 2019, plaintiffs filed a two-count complaint against Kyle, DRD, David Schmidt, Premier Trailer … west of the painted stop bar to give himself the best chance of accelerating through the intersection as …