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- njcourts.gov… Submitted January 22, 2020 – Decided Before Judges Yannotti and Hoffman. On appeal from the … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
- njcourts.gov… Submitted February 3, 2020 – Decided March 9, 2020 Before Judges Messano and Vernoia. On appeal from the Superior … AN 1 "An 'open plea' [i]s one that d[oes] not include a recommendation from the State, nor a prior indication from the … an exigent manner[,]" thus "vitiat[ing] its legitimacy and ultimately its legality." Following oral argument, the judge …
- njcourts.gov… Submitted December 2, 2019 – Decided Before Judges Messano and Susswein. On appeal from the State … Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … Frank Marsh, who the State alleged defendant paid to ultimately execute the murder. Id. at 506–07.1 Defendant …
- njcourts.gov… Argued March 20, 2019 – Decided April 17, 2020 Before Judges Fuentes, Accurso and Moynihan. On appeal from … bank account and sought damages for breach of contract and common law negligence. The court also granted Santander's … the additional funds necessary to rebuild the church." He ultimately concluded that St. Cyrillus was not a financially …
- ALLAN MARAIN VS. BOARD OF REVIEW, ET AL. (BOARD OF REVIEW, DEPARTMENT OF LABOR) - Unpublished Opinionsnjcourts.gov… Argued March 2, 2020 – Decided April 8, 2020 Before Judges Fasciale and Rothstadt. On appeal from the Board … Marain and gave him numerous reasons why she could not come to work. On August 12, 2018, Pichardo filed for … Super. 284, 288 (App. Div. 1983) (citations omitted).]. Ultimately, "an employee's separation from employment" is …
- njcourts.gov… Argued February 11, 2020 – Decided May 4, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … 3 A-0527-18T3 Defendants argue the Family Part committed reversible error by granting the Division's motion … some legally competent evidence must exist to support each ultimate finding of fact to an 15 A-0527-18T3 extent …
- njcourts.gov… Submitted March 30, 2020 – Decided May 7, 2020 Before Judges Ostrer and Susswein. NOT FOR PUBLICATION WITHOUT … issues of law de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant … to heal better without scarring. The fact that the injury ultimately healed adequately without medical attention, does …
- njcourts.gov… Submitted January 21, 2020 – Decided May 6, 2020 Before Judges Messano, Ostrer and Susswein. NOT FOR … in need of redevelopment. Plaintiffs claim the trial court committed legal and factual errors. We are unpersuaded and … Borough entered negotiations with John J. Cust, Jr., and ultimately conditionally designated him as redeveloper of …
- njcourts.gov… Submitted December 5, 2019 – Decided May 6, 2020 Before Judges Nugent, Suter and DeAlmeida. On appeal from the … After her mother's death, B.M. was declared mentally incompetent, and guardians were appointed for her person and … he deposited the proceeds into her account. He claimed he ultimately overpaid B.M.'s accounts by approximately $36,000 …
- F.A. VS. C.L.M. (FM-02-0315-17, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… Argued telephonically May 6, 2020 – Decided June 1, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … and psychosocial evaluations, which resulted in a recommendation for individual and joint therapy for plaintiff … She seems to be getting less and less angry which is ultimately, I would suspect, going to lead to some …
- njcourts.gov… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … addressed on the merits, and rejected on direct appeal. Ultimately, the PCR court concluded defendant failed to …
- STATE OF NEW JERSEY VS. TYRON WILLIAMS (13-07-0907, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted May 4, 2020 – Decided May 22, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. We review the denial of an …
- njcourts.gov… his official capacity as President of the New Jersey Law Enforcement Supervisors Association, and NEW JERSEY LAW … LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … sought a ruling on its still undecided motions to dismiss. Ultimately, PERC scheduled the case for hearing. In …
- STATE OF NEW JERSEY VS. SHIQUAN D. BELLAMY (11-03-0348, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted May 19, 2020 – Decided June 5, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … in question defendant and his cousin spoke about wanting to commit robberies and they eventually departed in the early … argument but did not conduct an evidentiary hearing and ultimately denied relief by way of a written opinion. …
- STATE OF NEW JERSEY VS. MICHAEL A. SANTOS (16-11-2186, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued telephonically May 7, 2020 – Decided July 8, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … PERMITTING LAY OPINION TESTIMONY BY TWO OFFICERS AS TO THE ULTIMATE ISSUE IN THE CASE USURPED THE ROLE OF THE JURY AND … defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of …
- STATE OF NEW JERSEY VS. SAOUL MONTALVO (16-05-1527, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted May 27, 2020 – Decided June 26, 2020 Before Judges Accurso and Rose. On appeal from the Superior … described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four … Holland factor – and the fact that police in this case ultimately applied for a warrant is not dispositive that …
- njcourts.gov… telephonically May 26, 2020 – Decided July 17, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
- njcourts.gov… Submitted May 19, 2020 – Decided July 22, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … business through an entity known as United Excavating Company. When, in the 1970's, litigation arose with his … as the request for the fees of a testifying expert – in ultimately fixing reasonable fees chargeable to the estate. …
- STATE OF NEW JERSEY VS. HAKIM R. NELSON (15-11-1363, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… (counts three and four); and second- and third-degree computer theft, N.J.S.A. 2C:20-25(c) (counts five and six). … on the question, and informed the attorneys he would revisit the matter after that. On the next day of trial, the … based on Kapsch and Musleh's testimony, the voice they ultimately identified as belonging to defendant was his. …
- njcourts.gov… Argued December 19, 2019 – Decided Before Judges Alvarez, Suter and DeAlmeida. On appeal from the … from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …