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… an indictment charging defendant Robert Aloi with second-degree attempted theft by extortion. Based on our … for the State to prosecute a crime here. The State has the power to prosecute crimes that occurred within its borders … state"); State v. Woolverton, 159 P.3d 985, 992 (Kan. 2007) (finding a threat communicated by telephone from …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … v. Genovese, 392 N.J. Super. 215, 225-26 (App. Div. 2007) (citing Rothman v. Rothman, 65 N.J. 219, 232 (1974)). … Craig, who proffered that he was his mother's agent under a power of attorney, offers no convincing argument that the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and proximate causation, and (4) damages." Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 … 338 (2021) (quoting Jerkins v. Anderson, 191 N.J. 285, 294 (2007)). "Foreseeability of injury, as it affects the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … must comply with the constitutional limits on the zoning power. Ibid. Moreover, the ordinance must be adopted in … Grubbs v. Slothower, 389 N.J. Super. 377, 389 (App. Div. 2007) (alteration in original) (quoting Randolph Town Ctr. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … able to respond to David's basic needs. In early 2014, the power to defendant's home was turned off, which forced David … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) (quoting In re Guardianship of J.T., 269 N.J. Super. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The parties are fully familiar with how we got to this point in their litigation, thus only a brief summary is … See Ricci, 557 U.S. at 578; see also Griggs v. Duke Power Co., 401 U.S. 424, 431 (1971). Petitioners correctly …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to his multiple interruptive outbursts at trial. At various points defendant threatened the court, refused to get … person would need to have been provoked "beyond the power of his . . . control." Canfield, 470 N.J. Super. at …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal plaintiffs raise these issues: 9 A-0038-18T4 POINT I PRIOR TO ZONING ORDINANCE #2303 LOT- TRACT WAS ZONED … must comport with constitutional constraints on the zoning power, including those pertaining to due process, equal …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the May 27, 2015 Board decision, raising these issues: POINT I. APPELLANT WAS DENIED A FAIR PAROLE HEARING WITHOUT … "[T]he Board 'has broad but not unlimited discretionary powers' . . . . " Id. at 173 (citations omitted). The …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … consideration the requested information on that very point. (pp. 17-22) 5. The Board clearly advised J.K. that … that there is no affirmative language granting it the power to permit international relocations, there is no …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the fitness field around 2008, when she obtained a "Group Power" certification from Body Training Systems, a licensed … and they did not include any additional training. At some point, YMCA management asked Scanlon to develop an afternoon …
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… VISTA MAHWAH HOMEOWNERS ASSOCIATION and DARLINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC., Plaintiffs-Respondents, v. … Jersey Supreme Court has described "it as an extraordinary power, to be exercised sparingly against those whose conduct … order. Nonetheless, Cotz contends that "when the [j]udge pointed out . . . that he had not provided proof of …
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… playbacks or readbacks. We reject, however, defendant's contention that the denial of the jury's playback request in … the inferences to be drawn from all the testimony, and point out the weaknesses of their A-2838-16T1 9 adversaries' … regarding the performance of its functions includes the power to order argument by counsel to be reread to the jury …
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… counsel and on the brief). 1 We use initials to protect the confidentiality of the parties. R. 1:38-3(d)(10). NOT FOR … "[A] defendant . . . engages in a 'communication' by pointing a camera at a domestic violence victim from a … version of events and showed defendant "exercising power and control over plaintiff" and (2) plaintiff was …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 'write in an additional qualification which the Legislature pointedly omitted in drafting its own enactment, ' . . . or … this case. We start our analysis by recognizing the broad powers given to the Commissioner as set forth in N.J.S.A. …
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… but she failed to respond to the notices. Cpl. Zappile contacted Thompson, who advised him that her boyfriend, … Moreover, the Court is within its right to exercise its power in dismissing an indictment to correct injustices. Id. … at 614). “‘A discrete act’ is one that occurs at a single point in time . . . . A continuing offense involves conduct …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that ruling, we need not discuss the facts relevant to that point. 4 A-3290-15T3 [(Emphasis added).] A lumbar spine MRI … mechanism leaving her with a complete loss of quadriceps power." Id. at 536. The loss of quadriceps power …
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… Cross-Appellant, and CUMBERLAND COUNTY CONSTRUCTION BOARD OF APPEALS, Defendant-Respondent. … the . . . local enforcing agency in the exercise of any power or the discharge of any function or duty under the … back to yellow. In addition, the fire lanes were at one point properly posted with Fire Lane-No Parking signs, which …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (PCR) petition without an evidentiary hearing. He argues: POINT I THE TRIAL COURT'S DECISION TO DENY APPELLANT A … 28, 2006), (slip op. at 3-4), certif. denied, 190 N.J. 396 (2007). On October 1, 2007, defendant filed his first PCR …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … as an alternate." This practice was repeated in 2006 and 2007 to permit another newly added partner to the firm to … after January 2, 1955 . . . and other than those whose appointments are seasonal, becoming an employee of the State …