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… Argued June 2, 2021 – Decided June 17, 2021 Before Judges Haas and Mawla. On appeal from the Department of Labor and Workforce Development, Division of Workers' Compensation, Case No. 2017-14400. Danielle S. Chandonnet … purposes may be accomplished." Torres v. Trenton Times Newspaper, 64 N.J. 458, 461 (1974). However, this canon of …
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… Submitted May 19, 2021 – Decided June 10, 2021 Before Judges Fuentes and Rose. On appeal from the New Jersey … (DOC), which upheld an adjudication and sanctions for committing prohibited act *.102, attempting or planning an … to escape. More particularly, he raises the following points for our consideration: I. Gittens was not on fair …
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… Argued September 16, 2021 – Decided September 29, 2021 Before Judges Mawla and Mitterhoff. On appeal from the … to terminate his Megan's Law, N.J.S.A. 2C:7-1 to 23, and community supervision for life (CSL), N.J.S.A. 2C:43-6.4, … gave A.R. an RRAS score total of thirty-seven 6 A-0561-19 points, placing "him at the low end of the moderate risk …
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… Submitted November 12, 2020 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … also highlighting a number of mitigating factors that have come up since 8 A-0692-18 counsel was ineffective by failing … them by reference." The Rule requires PCR counsel to "communicate with his [or her] client," "investigate the …
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… Argued April 26, 2021 – Decided October 19, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … that the ACO was final. In exchange, defendants agreed to complete numerous corrective actions at the property … defendants could satisfy up to $718,941 of the penalty by completing the supplemental SEP and applying the costs …
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… Argued September 23, 2021 – Decided October 6, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … until the theft was discovered in early 2017. Defendant accomplished the theft by changing the address on her late … We defer to the judge's credibility findings on these points. Locurto, 157 N.J. at 474. Contrary to defendant's …
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… Argued October 4, 2021 – Decided October 29, 2021 Before Judges Sumners and Firko. On appeal from the Superior … Recognizing that "sobriety and intoxication are matters of common observation and knowledge, New Jersey has permitted … headlights, inability to perform field sobriety tests, combativeness, swaying, and detection of odor of alcohol on …
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… Argued December 2, 2021 – Decided December 13, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … failed to object when the judge allegedly made "coercive comments" to the jury during its deliberations; and (6) used … stated that Bease "was not involved in the crime that was committed to [sic] me . . . nor was he present at the crime …
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… Submitted December 14, 2021 – Decided March 8, 2022 Before Judges Currier and Smith. On appeal from the Superior … did not lodge a detainer with the federal prison. After completing his custodial sentence, defendant was released on … As a matter of fundamental fairness, excessive delay in completing a prosecution may qualify as a violation of a …
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… Argued January 12, 2022 – Decided March 3, 2022 Before Judges Hoffman, Whipple, and Geiger. On appeal from the … once more. On appeal, defendant argues the following points: POINT I BECAUSE THE SENTENCING COURT'S JUSTIFICATION … persistent offender term, it could have imposed. On the accompanying judgment of conviction, the court added that …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3278-20 MONMOUTH COMMERCE CENTER, LLC, Plaintiff-Appellant, v. HOWELL … Submitted May 2, 2022 – Decided May 12. 2022 Before Judges Fasciale and Sumners. On appeal from the … action in lieu of prerogative writs, plaintiff Monmouth Commerce Center, LLC (MCC) appeals from two orders: a May 7, …
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… Argued February 2, 2022 – Decided May 6, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … That order provides in its entirety: THIS MATTER having come before the court on application of Defendant, to vacate … filed this appeal. Plaintiff-appellant raises the following points on appeal: POINT I THE TRIAL JUDGE'S DECISION TO …
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… Submitted November 17, 2021 – Decided April 27, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … for the reasons stated in Judge Stephen J. Taylor's comprehensive opinion. Following a 2011 trial, a jury … Taylor observed that "appellate counsel raised numerous points of claimed error on direct appeal, many of which …
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… Submitted May 9, 2022 – Decided May 18, 2022 Before Judges Fasciale and Sumners. On appeal from the … granting Three Y, LLC's (defendant) motion to dismiss the complaint in lieu of prerogative writs with prejudice. … over a four-story parking garage. Defendant's merits brief points out that a separate action in lieu of prerogative …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 2014. After attempts to resolve plaintiff's left-knee complaints with conservative treatment failed, Wetzler recommended a total knee replacement. Defendant, a Registered …
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… Submitted May 22, 2023 – Decided June 13, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … would also be dismissed. 3 A-1875-21 ensuring that the plea complied with the requirements of Rule 3:9-2, the trial … In this ensuing appeal, defendant raises the following points for our consideration: POINT I DEFENDANT WAS ENTITLED …
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… Submitted March 27, 2023 – Decided April 17, 2023 Before Judges Smith and Marczyk. On appeal from the Board of … in a right shoulder fracture and neck fracture. He complained of limited range of motion and severe pain in his … ALJ's decision. 5 A-1008-21 Camacho raises the following points on appeal: POINT I THE [ALJ] AND THE BOARD FAILED TO …
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… Submitted December 5, 2022 – Decided February 21, 2023 Before Judges Mawla and Marczyk. On appeal from the Superior … against medical advice. He texted his wife and asked her to come pick him up. She refused because defendant had numerous … N.J. 458, 476 (2011). III. Defendant raises the following points on appeal: POINT I THE DEFENDANT WAS DENIED A FULL …
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… Submitted January 10, 2023 – Decided February 14, 2023 Before Judges Whipple, Smith, and Marczyk. On appeal from the … 2C:39-7(b) (Count Four); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) or (2) … This appeal followed. II. Defendant raises the following points on appeal: POINT ONE [DEFENDANT] IS ENTITLED TO AN …
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… Submitted October 25, 2022 – Decided December 29, 2022 Before Judges Messano and Gummer. On appeal from the Superior … Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea … assistance of counsel. Defendant raises the following points for our consideration: POINT I THE PCR COURT ERRED IN …