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State v. Green: Appellate Division Upholds Parole Supervision for Life Imposition for CSAM Possession

The Appellate Division affirmed the imposition of parole supervision for life on a defendant who pleaded guilty to possessing between 100 and 1,000 items of child sexual abuse material, holding that PSL motions are governed by the preponderance-of-the-evidence standard and that the sentencing court conducted a proper holistic offender assessment despite defendant’s favorable expert reports and low-risk scores.

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State v. Junor: Appellate Division Again Remands for Resentencing After Supreme Court’s Carlton Decision

On Supreme Court remand in light of State v. Carlton, the Appellate Division again vacated Junor’s extended-term sentence and ordered resentencing, holding that while Carlton’s harmless-error doctrine applies to Erlinger violations, it does not cure the independently identified failures to adequately articulate aggravating and mitigating factor findings and the error in sentencing a merged conviction.

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Fakhroutdinov v. City of Hackensack: TCA and Landowners’ Liability Act Bar Claims Arising from Pedestrian Strike at Park Pathway

The Appellate Division affirmed summary judgment for the City of Hackensack in a case where a pedestrian was struck by a negligently driven vehicle while standing at the exit of a park pathway, holding that the pathway was not a “dangerous condition” under the TCA because injuries were caused by third-party conduct on adjacent public road, and that the park qualified for immunity under the Landowners’ Liability Act’s dominant-character test.

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Glassman v. Juanito’s Inc.: Appellate Division Reinstates Hematologist as Expert Witness in Medical Malpractice Case

The Appellate Division reversed a trial court order barring a hematologist-internist from offering standard-of-care testimony against an internist defendant in a pulmonary embolism death case, holding that the expert’s contemporaneous board certification and active internal medicine practice satisfied the Patients First Act’s kind-for-kind requirement and that additional subspecialty training cannot function as a disqualifier.

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Pandure v. NJ State Parole Board: Appellate Division Reverses Parole Denial for Failure to Consider Full Record

The Appellate Division reversed the Parole Board’s denial of parole for a 1991 murder conviction, holding that the Board failed to meaningfully engage with the totality of statutory factors — including a professional low-risk assessment, two decades of clean institutional conduct, and Pandure’s statements of remorse — and could not rely primarily on its subjective view that the inmate lacked insight.

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Ryan Roberts v. Kellie Krause: Appellate Division Affirms Denial of BWC Footage Replay During Jury Deliberations in Malicious Prosecution Trial

The Appellate Division affirmed a trial court’s refusal to replay body worn camera footage during jury deliberations in a civil malicious prosecution case, holding the video was used only to refresh recollection and was never admitted into evidence, plaintiffs failed to preserve their objection at trial, and no plain error existed.

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Kimberly Leftwich v. Board of Trustees, PERS: Appellate Division Orders Second Remand After ALJ Again Misapplied Accidental Disability Causation Standard

In a second appeal, the Appellate Division again vacated PERS’s denial of accidental disability retirement benefits to a state employee assaulted at work, finding the ALJ on remand had violated the law-of-the-case by reopening the disability question and again misapplied the Gerba causation standard, ordering reassignment to a new ALJ.

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Devang Shah v. Nupur Trading LLC: Expert Preclusion and Summary Judgment Affirmed, But Attorney’s Fee Award Reversed

The Appellate Division affirmed preclusion of a net-opinion accounting expert and summary judgment in a multi-defendant LLC dispute, but reversed a $91,894 attorney’s fee award because neither the trial court nor defendants identified a contractual, statutory, or court-rule basis for the award under New Jersey’s American Rule.

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