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… Submitted March 8, 2021 – Decided August 9, 2021 Before Judges Currier and Gooden Brown. On appeal from the … ERRED WHERE HE DID NOT DETERMINE WHETHER THE ALLEGED ACCOMPLICE'S STATEMENT IMPLICATING DEFENDANT IN THE CRIME WAS … vote. Id. at 559. Ultimately, the trial court is in the best position to determine whether the jury has been …
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… Argued March 8, 2021 – Decided August 5, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … one and two); and two counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) (counts … attempting to be as responsive to their questions as best he could. The transition from the Miranda inquiry (sans …
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… G.T. (a fictitious designation), Plaintiff-Respondent, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from orders denying their motions to dismiss the respective complaints of plaintiffs R.A. and G.T. pursuant to Rule … Util. Co., 212 N.J. 576, 586 (2013)). "[G]enerally, the best indicator of [the Legislature's] intent is the …
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… Submitted February 3, 2021 – Decided August 25, 2021 Before Judges Ostrer, Accurso, and Vernoia. On appeal from the … discovered what she described as a draft will on Fou's computer showing the family had personal and business assets … agreement or determine if signing the agreement was in her best interests. He stated he did not keep a copy of the …
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… for a "caregiver" and adult day care. Plaintiff filed a complaint for divorce in September 2018. Three months later, … appear to testify at this time without prejudice. I can revisit that in the event that there’s some other evidence … a spouse who has been supported during the marriage to, as best as possible, maintain the marital standard of living. …
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… JR., Appellant. _____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … it did fault Lamicella for including in his report a comparable land sale in Wall from 2012. VNO opposed the … not suitable for renovation, and the property's highest and best use involved redeveloping it after demolishing the …
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… (A-1243-18) January 27, 2021 – Decided October 8, 2021 Before Judges Whipple, Rose and Firko. NOT FOR PUBLICATION … behind a couch in the living room. Another blood stain encompassed two to three kitchen floor tiles. More blood … statement of the evidence and proceedings prepared from the best available sources, including appellant's recollection. …
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… Argued November 16, 2020 – Decided October 4, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … CONST. (1947) ART. I, PARA. 10). POINT VII THE TRIAL COURT COMMITTED PLAIN ERROR (R. 2:10-2) IN FAILING TO ADDRESS TO … clarify. According to defendant, the "instructions were 'at best confusing, and at worst misleading,'" warranting …
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… Argued November 1, 2021 – Decided December 23, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants. 1 In addition, both defendants were charged by complaint-summons with unlawful possession of less than … of the trial judge, who has the feel of the case and is best equipped to gauge the effect of a prejudicial comment …
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… contends plaintiff M.M., mother, misrepresented her income in prior proceedings and that newly discovered … compelling was presented in the judge's view to warrant revisiting prior orders. In his decision, the judge … support and would again amount to "a fishing expedition at best." Our careful review of the record reveals the judge …
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… Argued October 4, 2021 – Decided December 17, 2021 Before Judges Sabatino, Rothstadt, and Natali. On appeal from … Early Release Act, N.J.S.A. 2C:43-7.2, sentence for having committed second-degree conspiracy to commit robbery, … We begin by observing that a trial court is "in the best position to evaluate defendant's understanding of what …
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… After a plenary hearing, the trial court found defendant committed the predicate acts of harassment, N.J.S.A. … 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). The purpose of the …
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… Argued January 18, 2022 – Decided February 7, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … from the January 14, 2021 Law Division order dismissing its complaint with prejudice and affirming defendant Raritan … representatives [sic] of its people are undoubtedly the best equipped to pass initially on such applications for …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … car. Reggie then called his friend, Bruce Hall, who was coming to buy a car, and asked Hall to bring his gun. When … Reggie, or knew Daiquan was carrying a gun. He argues, at best, the evidence shows he agreed to serve as back up for …
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… Submitted October 19, 2020 – Decided April 19, 2022 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … [I] THE TRIAL COURT ERRED IN FAILING TO INCLUDE IN ITS ACCOMPLICE LIABILITY CHARGE THE LANGUAGE REQUIRED BY STATE V … 48, 57 (App. Div. 2005), separate trials render it "at best, a remote possibility that [the jurors] were distracted …
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… Submitted March 30, 2022 – Decided May 4, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … The parties are highly educated. Plaintiff had worked in compliance. Defendant had worked as an attorney for various … whereabouts. Plaintiff wrote to defendant's sister and her best friend inquiring about defendant's whereabouts but …
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… Submitted April 25, 2022 – Decided May 26, 2022 Before Judges Vernoia and Petrillo. On appeal from the … eldest child and to fix a contribution towards certain upcoming college costs from defendant. Defendant filed … parens patriae jurisdiction if not being in the children's best interest. N.J.S.A. 9:2-4(d). In short, when it comes to …
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… Argued April 27, 2022 – Decided May 27, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … meet with "a male that [the officers] kn[e]w from the community." The two men went into the house on Bond Street. … silence with respect to any such instruction [was] at best a tacit objection that must be extrapolated …
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… Argued May 11, 2022 – Decided June 20, 2022 Before Judges Hoffman, Whipple, and Susswein. On appeal from … argues in a pro se supplemental brief that the prosecutor committed misconduct during both the charging process and at … N.J. at 271). 26 A-4829-18 The Court "reiterate[d] that the best practice is to avoid explaining that a defendant's …
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… Submitted February 14, 2022 – Decided June 13, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … that the trial court entered after a jury convicted him of committing one count of second-degree attempted aggravated … that trial judges "ha[ve] the feel of the case and [are] best equipped to gauge the effect of a prejudicial comment …