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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 4 The Board is a unified board that also exercises all powers of a board of adjustment pursuant to N.J.S.A. … entered the May 7, 2019 order which we now review. I. In Point I of her brief, plaintiff challenges the City's …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … litigate the obstacles posed by the restrictions to the point of an adverse decision in the trial court or a final … energy sources, [s]eller shall provide [p]urchaser with power, electricity, and hot and cold water ("[e]nergy"), …
- STATE OF NEW JERSEY VS. DONALD WATKINS (13-08-2592, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the day, she drove off. She saw defendant "stand there and point" and heard gunshots, although she never saw a gun. … State v. Gaither, 396 N.J. Super. 508, 515-16 (App. Div. 2007); State v. Morrison, 215 N.J. Super. 540, 549 (App. …
- STATE OF NEW JERSEY VS. DANTE L. ALEXANDER (15-01-0104, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE ADMISSION OF OTHER-CRIMES EVIDENCE THAT … 404(b) disputes." State v. Williams, 190 N.J. 114, 131 (2007). The Cofield analysis presumes that other-crimes …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … at trial, just as plaintiffs ' counsel was free to point out that the defense did not call an expert to refute … purports to show. See Brenman v. Demello, 191 N.J. 18, 21 (2007) ("The admissibility of any relevant photograph rests …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … One deleted image showed defendant holding a black handgun pointing at the camera and another showed a semiautomatic … test. State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). Appellate counsel is not required to bring all non- …
- njcourts.gov… Argued November 27, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from Superior Court of New … appeals from his conviction, raising the following points for our consideration: POINT I: THE TRIAL COURT … 409 (2012) (quoting State v. Wakefield, 190 N.J. 397, 457 (2007) (additional citations omitted). We recognize asking …
- STATE OF NEW JERSEY VS. DEVON GREENE(15-01-0020, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following issues for our consideration: POINT I THE TRIAL COURT ERRED BY DENYING GREENE'S MOTION TO … that instruction. State v. Burns, 192 N.J. 312, 335 (2007) (citing State v. Nelson, 155 N.J. 487, 526 (1998), …
- STATE OF NEW JERSEY VS. MACARTHUR MASON (21-12-3234, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 5 A-2455-22 On appeal, defendant raises the following points for our consideration: POINT I [DEFENDANT]'S WAIVER … 374 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). Deference is afforded because the court's findings …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his conviction and sentence and raises the following points for our consideration: POINT I [DEFENDANT'S] RIGHT TO … 48, 64 (2020) (quoting Brenman v. Demello, 191 N.J. 18, 31 (2007)). In that regard, a "trial court's decision to grant …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was living with Lynnes, John Kurz, his 1 At the outset, we point out that plaintiffs' notices of appeal only identified … and three vehicles to be insured under the policy: a 2007 Honda Element, to be driven primarily by Colleen; a …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (count four) were merged into count two.1 Defendant argues: POINT I THE STATE'S TREATMENT OF DEFENDANT WITH RESPECT TO … of a fair trial." State v. Wakefield, 190 N.J. 397, 438 (2007) (first quoting State v. Papasavvas, 163 N.J. 565, 625 …
- A-1565-23 Briefs Briefsnjcourts.gov… Appellate Division, May 06, 2024, A-001565-23 ii TABLE OF CONTENTS Appeal Brief Page PROCEDURAL HISTORY 1 STATEMENT OF FACTS 2 LEGAL ARGUMENT 4 POINT I - The Court Below Failed to Understand the Entire … D’Annunzio v. Prudential Ins. Co. of America, 192 N.J. 110 (2007) .................................... 14 Greenfield v. …
- A-3046-22 Briefs Briefsnjcourts.gov… September 11, 2024, A-003046-22, AMENDED i TABLE OF CONTENTS APPENDIX TABLE OF … 6 POINT I. The Standard of Review of an Order Dismissing a … (T10:17-T14:3) .................................. 6 POINT II. The FDCPA, as a Federal Statute, Should Be … 25 Hodges v. Sasil Corp., 189 N.J. 210 (2007) …
- njcourts.gov… Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 212-13 (2007). The Board adopted the initial decision of the … not recall if they were on." Det. Sgt. Wojcik testified the powertrain control module and Bosch Crash Data Retrieval … "[t]here's no evidence that [he] was out of control at that point." Klingen stressed that Godfrey, in yielding to the …
- NURYA NORIEGA VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to transport individuals with disabilities to medical appointments. In December 2015, Noriega applied for accidental … determination is limited. In re Carter, 191 N.J. 474, 482 (2007); McKnight v. Bd. of Rev., Dep't of Lab., 476 N.J. …
- JARRETT C. HYNES VS. DAVID S. GIBSON (L-0165-15, HUNTERDON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of his motion for a new trial. He argues the jury verdict constituted a miscarriage of justice because the NOT FOR … actions and by John Fearns, Esq. (insurance counsel), appointed by his insurer, Liberty Mutual Insurance Company … was prejudicial. See State v. Figueroa, 190 N.J. 219, 246 (2007) (Rivera-Soto, J., dissenting). "[A]ppropriate and …
- DARLENE HYMAN VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIRMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … It has since concluded that its initial decision on this point was incorrect. 5 A-2494-19 regular and assigned duties … 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27-28 (2007)). "[I]f substantial evidence supports the agency's …
- njcourts.gov… May 7, 2018 – Decided June 7, 2018 Before Judges Accurso, O'Connor and Vernoia. On appeal from Superior Court of New … mother in over two years, "[a]nd really, the mother at this point is a stranger to the child," the judge found a bonding … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 281 (2007). The services provided to meet the child's need for …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … depositions, the Escarrets collectively testified that in 2007, they complained to the Village about a tree in front … novo under the same standard as the trial court." Cypress Point Condo. Ass'n v. Adria Towers, L.L.C., 226 N.J. 403, …