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… Submitted February 7, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … (count nine); second-degree possession of a firearm while committing a violation of N.J.S.A. 2C:35-5 or -7, N.J.S.A. … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued October 24, 2017 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … for the reasons set forth by the Law Division judge in his comprehensive review of the proofs relating to the officer's … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, Defendant-Appellant. … Submitted December 20, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … are "probative of veracity, although [their] weight in the ultimate determination of probable cause may vary with the …
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… Submitted August 30, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from Superior … M.D., and Syed Ammer Shah, M.D., and dismissing plaintiff's complaint with prejudice. The motion judge denied … consider plaintiff's opposition and, in any event, the ultimate sanction of dismissal was unwarranted. Finally, she …
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… Argued May 2, 2019 – Decided May 28, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … His statement was prejudicial because he opined on the ultimate issue of the case: whether defendant was the …
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… Submitted January 8, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … On February 1, 2016, plaintiff filed a nine-count complaint in lieu of prerogative writs and order to show … party can usurp the authority of the other." The court ultimately concluded that plaintiff failed to establish a …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN W. PETTIFORD, a/k/a JEFFREY A. PETTIFORD, Defendant-Appellant. … found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… Submitted April 4, 2022 – Decided April 18, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … threatening her life. Defendant stalked R.K. through these communications, followed her, and climbed onto the roof of … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] …
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… Submitted January 10, 2022 – Decided April 13, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … to enter into drug court probation from which he was ultimately terminated but not returned to prison. 1 On the …
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… Submitted February 16, 2022 – Decided March 31, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] An … or omissions fell "outside the wide range of professionally competent assistance" considered in light of all the …
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… Submitted May 9, 2022 – Decided May 19, 2022 Before Judges Mayer and Natali. On appeal from the Superior … plaintiff and defendant each filed a domestic violence complaint against each other. The following month, they … then attempted to drive away without her, but she was ultimately able to enter defendant's vehicle. A physical 4 …
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… Argued January 31, 2017 – Decided Before Judges Reisner, Koblitz, and Rothstadt. On appeal from … judge's experience. 9 A-1717-15T1 sum regardless of the outcome of the trial." Malick, supra, 398 N.J. Super. at 184 … a settlement offer turns out to be more favorable than the ultimate judgment." Ibid. (citing Firefreeze Worldwide Inc. …
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… Argued August 2, 2022 – Decided August 24, 2022 Before Judges Geiger and Rose. On appeal from the Board of … districts. Pertinent to this appeal, in August 2014, Mack commenced employment as a Delanco elementary school … found both experts credible, she determined Dr. Gollin's ultimate opinion "was based on a fulsome review of all …
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… Submitted November 5, 2020 – Decided Before Judges Sumners and Mitterhoff. On appeal from the … the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals … already thought it through or maybe that was part of your ultimate strategy[,] but you said, look, I don't need to be …
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… Submitted October 14, 2020 – Decided Before Judges Yannotti, Haas, and Natali. On appeal from the … case are set forth at length in Judge Sara Beth Johnson's comprehensive written decision and need not be repeated here … 202 N.J. at 585. The fact that the municipal court judge ultimately found there was reasonable doubt as to …
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… Submitted October 6, 2020 – Decided Before Judges Yannotti, Mawla, and Natali. On appeal from the … for Spadaccini attested to similar academic and personal accomplishments of his client. He stated that she is currently … it to be a trivial offense. 195 N.J. Super. at 467, 477. Ultimately, "[t]he goal of a judge in exercising judicial …
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… Submitted September 22, 2020 – Decided Before Judges Fisher and Gummer. On appeal from the Superior … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … and "attacked by a stranger in his house." Defendant ultimately was charged with first-degree robbery, second- …
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… Submitted November 14, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … fire lieutenants. With the approval of the Civil Service Commission, the Borough used the "existing Fire Captain … of absent captains. The Borough denied the grievance and it ultimately was arbitrated. While the arbitration was …
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… Submitted May 12, 2021 – Decided May 27, 2021 Before Judges Fuentes and Firko. On appeal from the Superior … were in a dating relationship until plaintiff filed a complaint under the PDVA seeking a temporary restraining … the property. Defendant left but returned "two more times," ultimately leading to the police being contacted and coming …
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… Submitted February 24, 2021 – Decided May 26, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … the State's offer to dismiss his remaining charges and recommend he serve an aggregate sentence of 364 days in jail … consistent with Frye and Strickland, defendant must ultimately show not only that plea counsel was ineffective …