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- njcourts.gov… declared Kathleen Hourihan an incapacitated person and appointed her nieces, plaintiff Marianne Phillips and her … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and denied it in part. The judge held that pursuant to a power of attorney, which Hourihan executed before she was …
- njcourts.gov… the cause for respondent State of New Jersey (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Joie D. … Petitioner raises the following arguments on appeal: POINT ONE: PETITIONER'S SATISFACTION OF ALL [N.J.S.A.] … CONSTRUCTION OF CHAPTER 52 Petitioner's charges stem from a 2007 incident when he worked at Robert Wood Johnson …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … "a combination" of flooding and wind. On November 19, 2012, power was restored to Maritime. 3 Maritime alleges that … after Thanksgiving because the restaurant did not have full power, the sewer system was not working, and the Park was …
- STATE OF NEW JERSEY VS. AGUSTIN GARCIA (00-06-1368, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal and his first PCR petition. Furthermore, as already pointed out, defendant's arguments about altering or … PCR petitions. While New Jersey courts have the inherent power to order discovery when justice requires it, See State …
- njcourts.gov… requested rate increase considers the NAIC's "Guidance Manual for Rating Aspects of the [LTC] Insurance Model … entitled to consider the application from a consumer's standpoint and deem the rate increase excessive. According to … received. Undeniably, the Department is expressly empowered to "promote the public interest" and to protect the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of justice. . . . An equity court has the inherent power to prevent a potential double recovery or windfall to … or claim to a credit for the fair market value," pointing out that Grieser was not decided until after the …
- njcourts.gov… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … intended to be applied to the outer skin and to release the powerful pain medication fentanyl over a seventy-two hour … charge on foreseeability was sufficient. Additionally, it pointed out that the court had mistakenly included the …
- njcourts.gov… fight, grabbed Baek, and threw him to the ground. At some point during the melee, Park—who remained motionless in the … to offer the intended testimony." Jacobs v. Jersey Cent. Power & Light Co., 452 N.J. Super. 494, 504 (App. Div. 2017) … (2016) (quoting State v. Wakefield, 190 N.J. 397, 443 (2007)). "While 'prosecutors in criminal cases are expected …
- njcourts.gov… director position must be created and Guerrero must be appointed to it . All of the directors currently on the Board … achievable. John Sturges, who had served on the Board since 2007, testified that the SLA requires members who wish to … by collateral estoppel POINT II The trial court lacked the power to invalidate the threshold and unilaterally impose a …
- STATE OF NEW JERSEY VS. CARLOS W. CARDOZA (15-06-0464, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Perdomo ran from the attendant booth to the police car, pointed to a man "lurking" in the shadows, and exclaimed, … the uncalled witness is peculiarly within the control or power of only one party, or that there is a special … arise against either." 391 N.J. Super. 291, 308 (App. Div. 2007). "In many cases," we added, "the only rational …
- STATE OF NEW JERSEY VS. SCOTT A. KOLOGI (20-01-0067, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to get defendant, who had gone to his room. At that point, there was a "pop[ping]" noise and a "groan." … Id. at 44 (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "An appellate court 'should give deference to those … brought to bear on an individual to speak against his power to resist confessing." L.H., 239 N.J. at 43 (citing …
- STATE OF NEW JERSEY VS. JEFFREY HOLDEN (18-017, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … note as I have some concerns as to that. So, at this point the Court will determine and will, at the appropriate … in the record supporting his factual conclusions. State v. Powers, 448 N.J. Super. 69, 72 (App. Div. 2016). The …
- STATE OF NEW JERSEY VS. YASMEEN ANDERSON (14-04-0211, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … complied, defendant opened the door all the way, at which point Lavin and Babula observed defendant holding a knife in … the rationale that excitement suspends the declarant's powers of reflection and fabrication, consequently …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that concession on the ground that it did not have the power to reach such an agreement in the absence of … was also denied. Plaintiff appeals, arguing in a single point that the judge erroneously applied "the 'square …
- STATE OF NEW JERSEY VS. SADIQUA N. MITCHELL (16-09-2710, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … pending appeal. On appeal, defendant raises a single point for our consideration: 3 A-1913-18T2 POINT I THE … stage or authorize the exercise by the prosecution of any power to waive or request such a parole disqualifier at that …
- DAVID ANDERSON VS. MELISSA BURTON (FM-18-0959-13, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … is imminent, the court must determine whether the coercive power of incarceration is justified because "the [party] was … 8 A-1275-18T3 We refuse to consider plaintiff's last point, which contends Judge McDonald left open the …
- STATE OF NEW JERSEY VS. EMMANUEL RUIZ PAGAN (13-05-1143, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… pled guilty to first-degree robbery, N.J.S.A. 2C:15-1 and second-degree unlawful possession NOT FOR PUBLICATION WITHOUT … Defendant now appeals, raising the following issues: POINT I DUE TO THE STATE'S LOSS OF THE SURVEILLANCE VIDEO … video from the unit but could not even get it to fully power up. Determining the unit was 4 A-3516-15T1 damaged and …
- 2C:39-4.1b Charges Document PDFnjcourts.gov… while in the course of committing, attempting to commit, or conspiring to commit a violation of certain laws.1 This … has knowledge of its character, and knowingly has both the power and the intention at a given time to exercise control … allegedly threatened the victim with the weapon, at which point his possession became unlawful. The Appellate Division …
- Grades 9-12 Awards Monmouth Documentnjcourts.gov › edit week 2 appellate calendar… 12 ART, ESSAY AND POETRY WINNING ENTRIES High School Poetry Contest (Grades 9-12) PROMPT: Read “Freedom’s Plow” by … Articles of Confederation said that Congress only had those powers “expressly delegated” to it by the states. In June … was adopted; Article II only outlined Congressional powers. In December 1791 the 10th Amendment was ratified and …
- STATE OF NEW JERSEY VS. LEO B. GERMAIN (21-09-1756, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … following contentions for our consideration: 6 A-3852-22 POINT I [DEFENDANT] WAS ENTITLED TO AN ACQUITTAL AT THE … inexplicably gave up on the phone after it failed to power up. ECPO homicide task force Detective Hervey …