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A-3/4/5-24 Supplemental Appellant Brief Byrd
Briefs
njcourts.gov
… #302 Mount Laurel, NJ 08054 e-mail: SteveKirschLaw@gmail.com phone: 609-354-8402 Attorney I.D. 034601986 Designated … Counsel Jennifer N. Sellitti, Public Defender Attorney for Defendant-Appellant 31 Clinton St., 8th Floor Newark, NJ … type by noting that an in camera voir dire procedure is the best practice in the future for dealing with this type of …
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njcourts.gov
… Submitted November 20, 2024 – Decided February 6, 2025 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … resolved on their merits, PCR proceedings can offer the best opportunity for ineffective assistance claims to be …
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njcourts.gov
… Submitted November 6, 2024 – Decided February 3, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … the jury. Brisban testified defendant explained he had just come from Huynh's house to collect his sports bet winnings … testimony gave 11 A-2524-22 him the impression that "he was best trying to tell the truth." The judge also recognized …
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njcourts.gov
… Submitted October 16, 2023 – Decided February 24, 2025 Before Judges Gilson, DeAlmeida and Bishop- Thompson. On … and denying plaintiff's motion for leave to file an amended complaint in this dispute over mold plaintiff discovered in … a presently existing or past fact concerning the mold. At best, the proofs may support theories of negligence and …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Architects, P.C. (Tsairis) and its affiliated construction company, Northeast Modular Homes, Inc. , to design and build … interpretation is subject to de novo review. Kieffer v. Best Buy, 205 N.J. 213, 222 (2011). "Accordingly, we pay no …
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njcourts.gov
… Argued December 5, 2024 – Decided January 27, 2025 Before Judges Mawla and Walcott-Henderson. NOT FOR PUBLICATION … their motion to set aside and vacate the Sheriff's sale of commercial property to plaintiff SB PB Victory, L.P., the … resulted in a sale for less than the premises' highest and best price as of that date." Plaintiff maintains the …
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njcourts.gov
… Argued September 30, 2024 – Decided January 28, 2025 Before Judges Sabatino and Gummer. On appeal from an … of life[.]" Family members requested she be placed on "comfort care." Mele was pronounced dead on June 5, 2019, at … an intervening cause and, hence, would be admissible. The best way to make that determination is by consideration of …
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njcourts.gov
… Argued May 23, 2023 – Decided September 5, 2023 Before Judges Gilson and Rose. On appeal from the Superior … order; (3) June 30, 2021, granting plaintiff's motion to compel legal fees; and (4) October 29, 2021, granting … ensuing post-judgment litigation between the parties can best be described as hotly contentious; the relationship …
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njcourts.gov
… DIVISION DOCKET NO. A-2761-22 IN THE MATTER OF THE CIVIL COMMITMENT OF B.S., SVP-053-00. _______________________ … Argued May 21, 2024 – Decided June 14, 2024 Before Judges Enright and Paganelli. On appeal from the … of the committee," the "legislative intent" of the SVPA "is best effectuated by releasing the committee subject to …
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njcourts.gov
… Argued March 4, 2024 – Decided June 17, 2024 Before Judges Gilson, Berdote Byrne, and Bishop- Thompson. On … in other cases is limited. R. 1:36-3. 2 A-0498-22 R. Armen McOmber argued the cause for appellants (McOmber McOmber & … F.2d 1260, 1265 (7th Cir. 1985)). Plaintiffs' arguments are best analyzed by reviewing their claims against the proposed …
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njcourts.gov
… Submitted May 6, 2024 – Decided June 10, 2024 Before Judges Marczyk and Vinci. On appeal from the Superior … plaintiff and restrained defendant from the restaurant or communicating with its employees. Sometime after the consent … circumstances of the plaintiff and defendant; (4) The best interests of the victim and any child; 7 Although we …
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njcourts.gov
… Argued February 13, 2024 – Decided April 22, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … sexual assault, N.J.S.A. 2C:14-2(a)(2)(1), for acts committed between January and May 2016; (2) second-degree … discretion of the trial court, as that court is in the best position to conduct the balancing required under …
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njcourts.gov
… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … posing as a fourteen-year-old girl, into traveling or accompanying the defendant to some location other than the … of statutory language is acknowledged as "'the best indicator of [the Legislature's] intent.'" Tumpson v. …
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njcourts.gov
… Submitted May 30, 2023 – Decided June 13, 2023 Before Judges Gooden Brown and Mitterhoff. On appeal from the … This matter arises from appellant's alleged failure to comply with the terms of a settlement agreement reached … [appellant] never followed through on those threats. At best, the evidence as to the lack of good faith is in …
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njcourts.gov
… BOOSTER, INC., Defendants, and JOSEPH FISCHETTI, SAMUEL NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on the baseball team at Columbia High School, and who also complained about defendants' conduct toward his son. Nathan … by Nolan v. Lee Ho, 120 N.J. 465, 472 (1990))); Kieffer v. Best Buy, 205 N.J. 213, 222 (2011) ("The interpretation of a …
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njcourts.gov
… their decisions to pause in-person instruction were made in compliance with the executive orders issued by the Governor … statutory interpretation is for the court to "determine as best [it] can the intent of the Legislature, and to give … welfare of New Jersey residents, employees, students, and visitors, thus giving it a "significant and legitimate …
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njcourts.gov
… Submitted March 1, 2023 – Decided March 21, 2023 Before Judges Accurso and Natali. On appeal from the Superior … N.J.S.A. 2C:11- 3(a)(1); second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2, 2C:15-2(a); … counsel or the range of legitimate decisions regarding how best to represent a criminal defendant." Strickland, 466 …
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njcourts.gov
… Submitted December 12, 2022 – Decided January 11, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … texts Hawkins made to a third number before and after the communications with Armstrong. The third number belonged to … that she used the gun to kill the victim are speculative at best. She offers no detail or specifics in her account . . . …
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njcourts.gov
… Argued January 10, 2023 – Decided March 7, 2023 Before Judges Sumners and Susswein. On appeal from the … including: (1) the trial judge violated the doctrine of completeness by not allowing defendant to elicit certain … OTHER PORTIONS OF DEFENDANT'S STATEMENT VIOLATED THE BEST- EVIDENCE RULE. D. THE ADMISSION OF A HIGHLY EDITED AND …
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njcourts.gov
… Argued December 6, 2022 – Decided January 20, 2023 Before Judges Gilson, Gummer, and Paganelli. NOT FOR … development consisting of 725 residential and twenty-nine commercial units 3 A-1965-21 built along the Atlantic City … S. Jersey, Inc., 103 N.J. 177, 191 (1986); see Kieffer v. Best Buy, 205 N.J. 213, 223 (2011) (explaining that "[t]he …