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… Submitted April 9, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior Court of New … presents the following arguments for our consideration: POINT 1 Defendant Is Entitled to Relief Pursuant to R. … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007) (quoting Flagg v. Essex Cty. Prosecutor, 171 N.J. 561, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the denial of his motion to suppress evidence, arguing: POINT I THE TRIAL COURT ERRED IN FINDING THAT POLICE … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of conviction, defendant raises the following argument: POINT I – THE MOTION COURT ERRED IN DENYING THE SUPPRESSION … evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). "A trial court's findings should not be disturbed …
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… Assistant Prosecutor, on the brief). PER CURIAM A jury convicted defendant Anthony Smith of two counts of … resisting arrest. Defendant raises two issues on appeal: POINT I THE TRIAL COURT'S INSTRUCTIONS TO THE JURY FOLLOWING … deliberations, see State v. Figueroa, 190 N.J. 219, 235 (2007), but its comment about not letting the jury go home …
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… brief). PER CURIAM Defendant Keira R. Barber appeals her conviction following a guilty plea for fourth-degree … followed. Defendant presents a single argument on appeal: POINT ONE THIS COURT SHOULD REVERSE THE TRIAL COURT'S DENIAL … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007) (citation omitted). When the statutory language …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … her rights to the two older children, who were born in 2007 and 2012, to relatives in 2009 and 2014, respectively. … ERROR (Not Raised Below). We do not reach the merits of Point I. Instead, we agree with defendant that, in these …
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… to Crujeiras. A bench trial commenced on May 14, 2012, and concluded on May 16, 2012. In a judgment entered on August … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123–24 (2007) (quoting Flagg v. Essex Cnty. Prosecutor, 171 N.J., … a fair and equitable judgment. A-0781-14T2 8 Plaintiff also points to the difficulties he encountered in obtaining …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant presents the following arguments in his brief: POINT I THE DE FACTO LIFE-WITHOUT-PAROLE SENTENCE IMPOSED … as they age, because, as he 21 A-2681-21 stated, "age is a powerful moderator . . . in terms of criminal behavior and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … should have been made explicit in the settlement agreement, pointing out that, by comparison, the United States and New … to control the course of a qui tam action, including the power to dismiss the case on its own motion. In addition, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Carter and defendant attempted to intervene and, at some point, Carter went into the kitchen, retrieved a knife, and … or greater ." See also State v. D.A., 191 N.J. 158, 169-70 (2007). The evidence presented to the grand jury could have …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 182, 194 (2011) (quoting In re Carter, 191 N.J. 474, 483 (2007)). Our review is not designed "to merely rubberstamp an … note she did not raise this argument administratively and points to no authority demonstrating any entitlement to a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presented to the Law Division. Defendant contends: POINT I THE COURT ERRED IN DENYING THE DEFENDANT'S PETITION … State v. Gaither, 396 N.J. Super. 508, 515 (App. Div. 2007). Instead, appellate counsel is afforded the discretion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant appeals and raises the following argument: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). We "should reverse only when the trial court's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … as a party incorrectly. The judge denied that motion, pointed out that defendant could have rejected the award by … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Defendant contends that relief under Subsection (f) …
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… and on the brief). PER CURIAM Defendant appeals from his conviction for second-degree sexual assault, N.J.S.A. … 2C:7-1 to -23. On appeal, defendant argues the following point: THIS MATTER MUST BE REMANDED TO THE LAW DIVISION FOR … (quoting State v. Elders, 192 5 A-2082-15T4 N.J. 224, 243 (2007)). Thus, appellate courts should reverse only when the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … auction of items from the house in early January 2007; an inventory sheet detailed over 450 items from the … merit, as the estate was more than ten years old, and at no point was there ever any indicia any items plaintiff was now …
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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 … attorney nor did he advise me that I 2 had a right to an appointed attorney at no charge. Therefore, I simply pled … and Hrycak. See 400 N.J. Super. 350, 354-55 (App. Div. 2007). In that case, the Appellate Division held that both …
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… of New Jersey, and is currently domiciled in California. In 2007, Plaintiff began employment in Parsippany, New Jersey, … providing six months’ notice. However, the employment contract also allowed RB LLC to immediately terminate … Court concluded that “In sum, California is the focal point both of the story and of the harm suffered.” Id. at …
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… and federal equal protection guarantees, A-2909-18 3 N.J. Const. art. I, § 1, and U.S. Const. amend. XIV, § 1, the … excluded." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 549 (2007). "Until the 1990's, local phone service was thought to … loop," connecting "the thousands (or millions) of terminal points in individual houses and businesses" to the aspiring …
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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 … retain private counsel they had waived their right to the appointment of a public defender. On the conference date of … under these canons. Where willful abuse of judicial power or inability to follow the law has been found, …