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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … incorrect as evidenced by the transcript of the April 3, 2007 sentencing." Further, the judge found the sentencing … the following arguments for our consideration: 6 A-1644-20 POINT I THE TRIAL COURT ERRED WHEN IT FAILED TO CORRECT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of the appeal, Li set forth the following arguments: POINT I CORRECTION[S] OFFICER[S] FABRICATED THE REPORT IN … 208 N.J. at 194 (quoting In re Carter, 191 N.J. 474, 483 (2007)). "This is particularly true when the issue under …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presented before Judge Matos Wilson. Mautner contends: POINT I THE TRIAL COURT ERRED IN RELYING UPON THE FEBRUARY … the record." MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … A-4433-15T2 On appeal, S.G. makes the following arguments: [POINT I] THE DEPARTMENT ERRED WHEN IT DENIED [S.G.'S] … 208 N.J. at 194 (quoting In re Carter, 191 N.J. 474, 483 (2007)). "This is particularly true when the issue under …
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… the dismissal of an indictment charging defendant with second-degree vehicular homicide of a child, N.J.S.A. 2C:11-5 … that defendant enjoyed the feeling of acceleration to the point of feeling his back pushed against the seat, thus … than certainty; the matter is contingent from the actor's point of view. Whether the risk relates to the nature of the …
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… of victims of domestic violence and to preserve the confidentiality of these proceedings. See R. 1:38-3(d)(9) to … In his brief in Docket No. A-1051-21, M.F.M. lists a sixth point heading: "Application was submitted on December 29, … the record." MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & …
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… Prosecutor, argued the cause for the respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Elizabeth K. … the party. She "felt fine" after drinking the wine. At some point, her mother and sisters left the facility. J.G. stayed … witness. As a result of a scheduling conflict caused by a power outage at the courthouse, Sechrist was not available …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … came 4 A-5023-13T2 under fire from what sounded like a high-powered weapon and they sped away uninjured, radioing for … interrupting, so I think it is going to be difficult to pinpoint one thing and if we have a curative instruction, I …
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A-2342-23 Briefs
Briefs
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… Division, August 20, 2024, A-002342-23, AMENDED TABLE OF CONTENTS STATEMENT OF PROCEDURAL HISTORY STATEMENT OF FACTS ARGUMENTS POINT I THE SUPERIOR COURT ERRED WHEN IT DECIDED TO IGNORE … municipal court proceedings in quasi-criminal matters, with power in that court to amend . . . specifically providing …
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A-2907-24 Briefs
Briefs
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… Sat Below: Hon. Michael C. Gaus, J.S.C. Defendant is confined. AMENDED BRIEF OF DEFENDANT-APPELLANT JOSEPH C. … that he had observed Grieco pull the trigger with the gun pointed to towards his husband. (4T37:4-7). On … slide would go forward by way of a spring, the weight or power of that spring could then create sufficient force to …
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… motion for a new trial and to overturn a purported illegal conviction and sentence. We affirm. NOT FOR PUBLICATION … testimony concerning "flawed 2 Megan's law was amended in 2007, L. 2007, c. 227, and in 2009, L. 2009, c. 139, §§ 1 … Defendant appealed and makes the following arguments: POINT 1 THE TRIAL COURT STATED THAT IT MADE ITS DECISION …
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… 2C:39-5(d). The jury acquitted Ketler of all charges but convicted defendant of the lesser-included offense of … Before us, defendant raises the following arguments: POINT I IT WAS REVERSIBLE ERROR FOR THE PROSECUTOR TO … 275 (2019) (quoting State v. Wakefield, 190 N.J. 397, 437 (2007)).] "In deciding whether prosecutorial conduct deprived …
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… (Susan Brody, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … Rule 3:22-12. Defendant was convicted again on January 22, 2007, when a jury found him guilty of first-degree … 6 A-0120-24 On appeal, defendant raises the following points for our consideration: POINT I THE PCR JUDGE ERRED IN …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … See Findings and Conclusions of Remand Court, No. 58,879, 2007 N.J. Lexis 39 at 43 (N.J. Feb. 13, 2007). To allow … appeal followed. Defendant makes the following arguments. POINT I THE COURT ERRED IN RELYING ON AN UNPUBLISHED …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0434-22 AMACONN REALTY, INC., Plaintiff-Respondent/ Cross-Appellant, v. … of the Hoboken rent control ordinance grants the Board "powers of equity." The ordinance defines this as "all powers … Protection Act of 1992 (TPA), N.J.S.A. 2A:18-61.40. They point out Hoboken has a critical lack of housing for low- …
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… November 17, 2016 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior Court of New Jersey, Law … alleging ineffectiveness of counsel. We affirm. On May 24, 2007, a jury convicted defendant of two counts of … in his car and drove off. Leonard testified defendant pointed the gun in his direction and twice pulled the …
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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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… 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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… 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 …