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- A-4267-17T2 Opinionnjcourts.gov… Argued January 9, 2020 – Decided June 12, 2020 Before Judges Alvarez, Nugent and DeAlmeida. On appeal from … obligations because the trial court erred when imputing income to defendant. We remand for redetermination of those … and their children were minors. A. Defendant's Income. 1 We identify the parties by initials to protect the …
- A-80-19 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … terms. In this case, the questioning addressed only the component of the legal standard that assisted the State; it … recover the handgun that defendant allegedly used when he committed the charged offenses, the State anticipated that …
- A-74-15 Opinionnjcourts.gov… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … The provision affords a defense to those who attempted to comply with its terms. As with other affirmative defenses, a … tough gun laws and upgrade[d] penalties for those who commit gun crimes and violate gun trafficking laws.” Press …
- njcourts.gov… Argued October 4, 2022 – Decided November 16, 2022 Before Judges Geiger and Susswein. NOT FOR PUBLICATION WITHOUT … his decision not to testify. He also argues the court committed errors in imposing his sentences. After carefully … TESTIFYING IN HIS OWN DEFENSE AT TRIAL. POINT II THE COURT COMMITTED STRUCTURAL ERROR BY REJECTING MITIGATING FACTORS …
- A-1999-19 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and GEORGE BENJAMIN and STATE FARM INSURANCE COMPANY, Defendants-Respondents, and NANCY V. PATEL and … GHANSHYAM PATEL, Third-Party Plaintiffs, v. GEICO INDEMNITY COMPANY, Third-Party Defendant/ APPROVED FOR PUBLICATION …
- A-0623-18 Opinionnjcourts.gov… Submitted December 14, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … two codefendants were arrested minutes after the crime was committed. The vehicle in which they were arrested contained … for the first time on appeal that several errors were committed at trial. After carefully reviewing the record in …
- A-4515-18 Opinionnjcourts.gov… Submitted December 16, 2020 – Decided July 26, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … belief." In his counseled brief, defendant amplified these points under the rubric that "counsel failed to conduct [an] … object to testimony from the State's Child Sexual Abuse Accommodation Syndrome (CSAAS) expert (which we summarized in …
- A-0896-19 Opinionnjcourts.gov… Submitted April 14, 2021 – Decided July 15, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … I., ¶ 1, 10. [(Partially raised below)] POINT IV THE COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS TAMPERING WITH EVIDENCE BECAUSE THIS CRIME IS NOT COMMITTED BY SIMPLY DISCARDING A WEAPON UPON APPROACH OF A …
- A-5010-18 Opinionnjcourts.gov… Submitted April 19, 2021 – Decided June 28, 2021 Before Judges Rothstadt and Susswein. On appeal from the … N.J.S.A. 2C:43-7.2. Defendant contends the prosecutor committed misconduct by failing to instruct the grand jury … record suggesting any such strong provocation. Defendant points to State v. Flores, 228 N.J. Super. 586, 591 n.1 …
- A-1494-17T1 Opinionnjcourts.gov… Argued May 14, 2019 – Decided June 25, 2019 Before Judges Yannotti, Gilson and Natali. On appeal from the … a crime of the third degree. Defendant was also charged in complaint 2013-000571-1335 with unlawful possession of CDS … 409 N.J. Super. 40, 57-61 (App. Div. 2009). The State points out, however, that a different situation is present …
- A-0748-16T2 Opinionnjcourts.gov… Submitted May 16, 2018 – Decided June 14, 2018 Before Judges Alvarez and Geiger. On appeal from Superior … following the Law Division's denial of his motions to compel discovery, for a Franks1 hearing, and to suppress … appeal followed. On appeal, defendant raises the following points: 5 "A trial court's oral opinion normally controls …
- A-3386-14T2 Opinionnjcourts.gov… Submitted January 10, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from the … numbers. Goldware later called her and asked if he could come over to her house. She said yes, and the two exchanged … this story, defendant asked Thomas if he thought she had committed the crime. He stated, "I think you did it or …
- njcourts.gov… Submitted January 14, 2025 – Decided June 6, 2025 Before Judges Sumners and Susswein. On appeal from the … trial convictions for sexual assault and child endangerment committed against his wife's eleven-year-old niece, … court improperly admitted hearsay evidence under the "fresh complaint" and "tender years" exceptions. Defendant also …
- A-3048-22 – STATE OF NEW JERSEY VS. RALPH M. LEMAR (15-08-2401, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… Argued February 6, 2025 – Decided February 18, 2025 Before Judges Mawla and Natali. On appeal from the Superior … of first-degree armed robbery, second- degree conspiracy to commit armed robbery, third-degree aggravated assault, … Malibu. Diaz stated Webb "was trying to get out. He was coming from the driver's side[,] leaning over to the …
- njcourts.gov… G. BENDER, KRISTA D. BENDER, individually and as executor for the ESTATE OF JAMES G. BENDER, deceased. … 2, 2024 Law Division order granting defendant's motion to compel arbitration and dismissing their ten-count complaint … size of the provision in question is approximately 6.86 points. However, the PLA does not mandate that agreements …
- njcourts.gov… Argued March 18, 2025 – Decided August 7, 2025 Before Judges Sumners and Bergman. 1 Improperly pled as … Restaurant Depot and Vida Café, Inc. and dismissing their complaint against both defendants. After our de novo review … legal principles, we affirm. I. After filing their original complaint alleging negligence against Restaurant Depot in …
- A-1476-23 Briefs Briefsnjcourts.gov… (973) 840-2483 Fax: (973) 535-9217 kcoakley@connellfoley.com rbenson@connellfoley.com Attorneys for Petitioner/Appellant, Clayton Sand Company 15469692-7 IN …
- njcourts.gov… Submitted February 26, 2024 – Decided June 5, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … Lang and Wilson executed an operating agreement for the company (the Operating Agreement), under which Lang would … from the Property will need to be adjusted. Lang correctly points out that by making him the managing member, he is now …
- njcourts.gov… Argued November 19, 2024 – Decided February 10, 2025 Before Judges Gilson, Bishop-Thompson, and Augostini. On … to -50, prohibits discrimination in "any place of public accommodation . . . on account of . . . sex, [or] gender … a minor"). Additionally, as the Attorney General correctly points out, the injunction does not prevent students from …
- A-18-24 Amicus Curiae Brief American Civil Liberties Union of NJ Briefsnjcourts.gov… Drive Roseland, NJ 07068 862-926-2029 ashalom@lowenstein.com FILED, Clerk of the Supreme Court, 06 Feb 2025, 089786 … case, probable cause did not develop spontaneously or unforeseeably. Each of the reasons provides a sufficient basis … rebuffed in Shannon, the State again asked the Court to revisit Pena-Flores in Witt. Its language is revealing. In its …