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… Submitted February 28, 2022 – Decided August 17, 2022 Before Judges Messano and Rose. On appeal from the Superior … HIS ATTORNEY CALLED A REPRESENTATIVE FROM GEICO INSURANCE COMPANY TO TESTIFY AT TRIAL AND THERE WAS A REASONABLE … his trial attorney failed to call certain witnesses, we ultimately consider "whether there is a reasonable …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … may be obtained from the handgun or, if that DNA were to become available, why it is not sufficient – before now … 86 S. Ct. 1826, 1834, 16 L. Ed. 2d 908, 918 (1966). The "ultimate measure" of a governmental search is …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Forensic Center for evaluation. At trial, the hospital committing psychiatrist testified that defendant was … statements were used. Miranda may have been violated—but ultimately that issue too need not be reached. IV. During …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … indictment. Perry was indicted five more times for crimes committed in August (two), September, October, and November … Prot., 367 N.J. Super. 154, 159- 60 (App. Div. 2004)). "Ultimately, reviewing courts are not 'bound by the agency's …
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… These contentions lack merit and warrant only brief comment. We address at greater length defendant's argument … Defendant Was The Person On The Video Was Inappropriate Ultimate-Issue Testimony, Unhelpful To The Jury, And Highly … to determine whether a client is merely blowing off steam or poses a real threat that disables the attorney – …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in his own behalf, appeals from an order dismissing his complaint against defendants Mark Tress and Cedar Holdings … informal written decisions, or reasons given for the ultimate conclusion"). Plaintiff is correct that Rule …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the tenure charges. The relevant facts and events are uncomplicated and undisputed. Tenure charges were brought … Act and the current version of N.J.S.A. 18A:6-11, we ultimately conclude – with the assistance of familiar canons …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … v. Franklin Fire Dist. No. 1, 230 N.J. 285, 294 (2017). Our ultimate "task in statutory interpretation is to determine …
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… Argued January 18, 2017 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … 4858-11 (App. Div. 2013)(affirming dismissal of defendant's complaint against the judge for violating defendant's … – merely that he did not get a degree from Rutgers. The son ultimately received two associates degrees from a different …
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… Argued December 9, 2015 – Decided June 30, 2017 Before Judges Koblitz, Kennedy, and Gilson. On appeal from the … returned back to Cedar Hill. On January 12, 2009, Joseph complained of left side weakness and back spasms. He was … fed him solid food, which led to cardiopulmonary arrest and ultimately, his death on March 12, 2009. Joseph's wife filed …
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… NOV 2 2 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … him up, then drove to the Washington Village Apartment complex in Asbury Park where Mohammed threw the bag … errors. Gaitan, 209 N.J. at 351. "The petitioner must ultimately establish the right to PCR by a preponderance of …
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… Argued February 6, 2023 – Decided June 21, 2023 Before Judges Whipple, Mawla and Marczyk. On appeal from the … Kim appeals from the November 13, 2020 order dismissing his complaint against defendant New Jersey Institute of … display[ed] dishonesty and lack of personal integrity which ultimately result[ed] in loss of credibility with the …
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… explained in Judge Marilyn C. Clark's thoughtful and comprehensive written opinion. I. Shortly after midnight on … . . ongoing efforts to assist him," there was no basis to revisit his twenty-four-year NERA sentence. She observed, too, … a reasonable likelihood that [the PCR] . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… ______________________________ 1 In the first amended complaint, plaintiff is designated as, "Pro Cap 4 LLC, … LLC interchangeably as plaintiff in our opinion. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … sale certificate. However, the court changed its mind and ultimately denied defendant's motion finding he failed to …
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… Argued March 22, 2023 – Decided June 5, 2023 Before Judges Currier and Enright. On appeal from the Superior … credits, and having been awarded 92.8 work credits and 49 commutation credits at the time of his release.4 3 Although … not awarded and applied to specific charges. When J.H. was ultimately awarded 49 commutation credits, it was not …
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… Submitted March 29, 2023 – Decided May 30, 2023 Before Judges Accurso and Vernoia. On appeal from the Superior … to the control and management of four limited liability companies, plaintiffs Surf City Realty, LLC; Parkside Realty … informal written decisions, or reasons given for the ultimate conclusion."). We affirm the denial of plaintiffs' …
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… Argued May 1, 2023 – Decided May 24, 2023 Before Judges Whipple and Mawla. On appeal from the Superior … Somerville Senior Citizen Housing, Inc.'s 153-unit housing complex, under section eight regulations promulgated by the … withdrawn LeasingDesk report may seem unfair, however, the ultimate decision was not illegal. This is because Scott …
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… Submitted May 8, 2023 – Decided May 23, 2023 Before Judges Whipple, Mawla and Walcott- Henderson. On appeal … defendant Stillwater Property and Casualty Insurance Company, improperly pled as Stillwater Insurance Group … home." Even if the 12 A-1165-21 adjuster and the engineer's ultimate conclusions differed, there was still "no dispute …
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… Submitted April 26, 2023 – Decided May 18, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … Civil Part that resulted in the dismissal of plaintiff's complaint against a contractor, Brown's Heating, Cooling & … scope of the contract, the permit, and the municipal code. Ultimately , "[they] hit many roadblocks" due to plaintiff's …
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… A. TROIANO, SR., and as the holder of power of attorney for DIVA TROIANO, Defendants-Respondents. … from the May 3, 2021 Law Division order dismissing his complaint with prejudice for failure to state a claim upon … residence, Albert alleged that "instead of dividing the ultimate ownership of th[e] . . . property as intended . . . …