-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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, …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… and Geiger. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1279. DeCotiis, FitzPatrick, … his request. Now on appeal, the Town raises the following points for our consideration: POINT I THE CIVIL SERVICE … these circumstances, therefore, we remand for the CSC to revisit 13 A-4786-18 this charge and decide it on the merits. …
-
njcourts.gov
… Submitted March 10, 2021 – Decided April 7, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … 2010, defendant, who was then fifteen years old, and an accomplice, R.J., jumped into the car of a … arrested and charged with various acts of delinquency, if committed by an adult would constitute crimes. After waiver …
-
njcourts.gov
… Submitted February 23, 2021 – Decided March 16, 2021 Before Judges Yannotti and Natali. On appeal from the Superior … four); and second-degree possession of a firearm while committing a CDS crime, N.J.S.A. 2C:39-4.1(a) (count five). … risk of "severe reactions" to COVID-19. Ms. Fields further commented that there was, at the time, no "specific …
-
njcourts.gov
… Submitted February 23, 2021 – Decided March 15, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior … 1000 feet of a school zone, N.J.S.A. 2C:35-7. Defendant completed plea forms, which confirmed he was not a United … defendant's PCR claims. Defendant raises the following points on appeal: POINT I – DEFENDANT'S PETITION FOR POST …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… Submitted June 15, 2020 – Decided June 26, 2020 Before Judges Fisher and Fasciale. On appeal from the Superior … that victimized Garry, and the second-degree burglary committed against Brancaccio. The remaining charges, as well … was told defendant wanted to plead guilty because he had become religious and wanted to atone for the murders. The …
-
njcourts.gov
… Defendant-Appellant. ________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … both orders for the reasons that follow. The matter has a complicated litigation history, which began in Pennsylvania. … involving the same parties, the 3 Plaintiff correctly points out the New Jersey Parentage Act permits suit up …
-
njcourts.gov
… Submitted June 6, 2016 - Decided Before Judges Lihotz and Nugent. On appeal from Superior Court … test handed down by the United States Supreme Court in the companion cases of Strickland v. Washington, 466 U.S. 668, … 144 N.J. 240, 249 (1996) (citation omitted). "'Reasonable competence' does not require the best of attorneys, but …