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… Submitted March 21, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … Robateau also went on to explain how heroin was grouped together in bundles and bricks, how heroin was usually … drug transactions in general. The jury was then left free to make the ultimate determination of whether defendant …
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… Submitted April 27, 2017 – Decided Before Judges Hoffman, O'Connor and Mawla. On appeal from … R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … at 557. Criminal defendants are "entitled to a jury that is free of outside influences and [that] will decide the case …
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… Argued April 25, 2017 – Decided Before Judges Fisher, Vernoia and Moynihan. On appeal from the … was not liable for damages arising out of sexual abuse committed against John Doe by one of the District's former … because he began to drive and could spend his time more freely. Doe graduated high school, went to college, and …
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… Submitted April 5, 2017 – Decided Before Judges Alvarez and Lisa. On appeal from Superior Court … prior CISs, and she also included defendant's prior CISs. Together with her motion, plaintiff filed a certification … the marital home valued at approximately $700,000, and debt free. The home eventually sold for $740,000. After the …
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… Submitted January 17, 2018 - Decided Before Judges Hoffman, Gilson and Mayer. On appeal from … FOR HER TO CHALLENGE [THE DIVISION'S] FAILURE TO COMPLY WITH FEDERAL AND STATE REQUIREMENTS. 1 We use … (1999). However, "the right of 12 A-3964-16T2 parents to be free from governmental intrusion is not absolute." Div. of …
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… Argued November 13, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … of CDS as charged in count five. The State agreed to recommend an eight-year custodial sentence and forty-one-month … recommendation to the court, which the court [is] free to accept or reject"). The court erred in concluding it …
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… in her capacity as City Clerk and Custodian of Records for the City of Clifton, Defendants-Respondents. … appeals from an October 25, 2016 order dismissing its complaint against defendant City of Clifton and its … U.S. 132 (1975)). "[T]he privilege is necessary to ensure free and uninhibited communication within governmental …
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… Argued August 14, 2018 – Decided Before Judges Messano and Geiger. On appeal from Superior … corrective conference, and restoring the three days of lost compensation, finding Newark had not carried its burden of … (App. Div. 1988)). In particular, arbitrators are not "free to impose a progressive disciplinary scheme upon the …
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… Argued January 23, 2019– Decided May 22, 2019 Before Judges Yannotti and Rothstadt. On appeal from Superior … Law Division's February 23, 2018 judgment dismissing his complaint in lieu of prerogative writs, which was entered … only with great frugality and in none but a clear case free of doubt"). Judgment vacated. The matter is remanded to …
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… Submitted May 2, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … He observed a frontseat passenger hand a bag of green vegetation to a backseat passenger. At that point, the … officer may not expand a community caretaking stop into a free-ranging investigatory stop. Notably, however, our …
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… ORDINANCES. Argued December 21, 2016 – Decided Before Judges Alvarez and Manahan.1 On appeal from the … Group, a consortium of approximately 270 municipalities combined with thirty-five other individual municipalities … some weight. See LaPorta v. Gloucester Cty. Bd. of Chosen Freeholders, 340 N.J. Super. 254, 262 (App. Div. 2001). A …
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… Submitted May 6, 2019 – Decided May 15, 2019 Before Judges Haas and Sumners. On appeal from Superior Court … will now summarize the sequence of events that occurred, together with the instances in which the court mistakenly … FJOD was registered in this state, a New Jersey court was free to both enforce and modify it. Again, UIFSA makes clear …
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… Submitted May 9, 2022 – Decided July 5, 2022 Before Judges Rothstadt and Natali. On appeal from the … of relief under Rule 4:50-1(a), but remand[ed] for a more complete statement of reasons from the motion judge about … rulings and orders of the Appellate Division; they are not free to disregard them." Ibid. (citing Kosmin v. N.J. State …
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… Submitted May 9, 2022 – Decided June 1, 2022 Before Judges Rothstadt and Mayer. NOT FOR PUBLICATION WITHOUT … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … Plaintiffs argue a right to ventilation and to be free from extreme heat and extreme cold. Plaintiffs assert …
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… Submitted January 4, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … for the State's dismissal of the misconduct charge and recommendation of probation. 4 A-5551-18T1 transport persons … 2C:44-1(b)(7), defendant "led a lifetime . . . crime free[,];" factor ten, N.J.S.A. 2C:44-1(b)(10), defendant …
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… Argued September 15, 2020 – Decided Before Judges Fisher, Moynihan and Gummer. NOT FOR PUBLICATION … Those emails referenced various studies and surveys, vegetative species data sheets, and qualifications of wetlands … or fact which the adversary considers relevant." State v. Freeman, 223 N.J. Super. 92, 116 (App. Div. 1988). The net- …
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… Argued January 25, 2021 – Decided March 22, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … recreational facilities; the cites were to the Barrier Free Subcode portion of the UCC, and generally noted the …
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… DIVISION DOCKET NO. A-5131-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.D., SVP-668-13. ____________________________ … telephonically May 28, 2020 – Decided June 23, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … . . at review hearings or initial hearings." The judge was free to accept part or all of the expert testimony offered …
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… 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); … NEW JERSEY CONSTITUTIONS['] GUARANTEE [OF] THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES. U.S. CONST. …
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… Argued February 10, 2021 – Decided May 18, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … avail. When her aunt came downstairs to inquire about the commotion, defendant, who had attempted to engage in sexual … APPELLANT'S PCR CLAIMS. POINT IX APPELLANT ASSERTS A FREE STANDING ACTUAL INNOCENCE CLAIM ON PCR. I. We address …