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… Prosecutor, argued the cause for appellant (Yolanda Ciccone, Middlesex County Prosecutor, attorney; David M. … the frisk. On appeal, the State makes a single argument; POINT I THIS COURT SHOULD REVERSE THE TRIAL COURT'S … appellate intervention. State v. Elders, 192 N.J. 224, 245 (2007). "[A] trial court's factual findings should not be …
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… novo in the Law Division, defendant Mohamed S. Shabaan was convicted of hindering his own apprehension by providing a … abrupt turn into the shoulder of the highway, and at that point the driver put the vehicle in park and proceeded to … Ibid.; see also State v. Elders, 192 N.J. 224, 245 (2007). 13 A-0559-21 Having considered defendant's …
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… counsel and on the brief). PER CURIAM Appellant E.B. is a convicted sex offender and a registrant under Megan's Law, … order, and presents two arguments for our consideration: POINT I – THE TRIAL COURT ERRED WHEN IT RULED THAT A … See In re R.A., 395 N.J. Super. 565, 568-69 (App. Div. 2007); In re Registrant R.D., 384 N.J. Super. 61, 65-66 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … challenged here. On appeal, defendant raises these issues: POINT I NOTWITHSTANDING HIS DOCTOR'S APPOINTMENT, JUROR … Div. 2015) (quoting State v. Loftin, 191 N.J. 172, 187 (2007)). The 2 Defendant does not challenge the instructions …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … followed. Defendant raises the following issues on appeal: POINT 1: THE PCR COURT ERRED WHEN IT FAILED TO GRANT … 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 … Cruz makes the following arguments for our consideration: POINT I THE ALJ FAILED TO CONSIDER THE CREDIBLE TESTIMONY OF … increase incrementally. In re Herrmann, 192 N.J. 19, 33 (2007). However, progressive discipline can be waived if "the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … explains the approved abbreviated transcript is based on "points on which" defendant will rely on appeal, and the … of Ostlund v. Ostlund, 391 N.J. Super. 390, 400 (App. Div. 2007) (citing Rova Farms Resort v Investors Ins. Co., 65 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … told the driver to "suck my dick" during the ride. At one point, M.A. told her that he had a gun and was going to use … Commitment of T.J.N., 390 N.J. Super. 218, 225 (App. Div. 2007). "We can only reverse a commitment for an abuse of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … until he rotated so she could be on top of him, at which point she escaped. The victim and her friends told defendant … at least eight . . . times for violating . . . [CSL] from 2007 to 2015." Further, defendant's claim he was not …
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… Argued April 16, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from the New Jersey Civil … and presents the following arguments for our consideration: POINT I STANDARD OF REVIEW[.] POINT II THE CIVIL SERVICE … 413, 422 (2008) (citing In re Herrmann, 192 N.J. 19, 28 (2007)). The party challenging the agency's action has the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and Cibelli began a romantic relationship in 2006. In June 2007, Cibelli was convicted for murder of a former … 8 A-0185-14T2 On appeal, Cibelli raises the following points for our consideration: POINT I THE COURT BELOW …
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… appeals a June 1, 2016 order denying his petition for post-conviction relief (PCR). We affirm. NOT FOR PUBLICATION … burglary, N.J.S.A. 2C:18-2 (count three). On November 25, 2007, defendant was driving in the area of 21st Street in … supplemented by a brief and certification prepared by appointed PCR counsel. Through counsel, defendant argued he …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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A-3046-22 Briefs
Briefs
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… 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) …
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A-1565-23 Briefs
Briefs
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… 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. …
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… OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE HOLMDEL REGULATOR STATION PURSUANT TO … 125 psig or lower in the ten-inch line. At the connection point of the two pipelines, NJNG installed what it … to the station's lack of venting and air flow required to power it. To mitigate the risks of an outage from reducing …
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… 27, 2024 Before Judges Currier, Marczyk and Torregrossa- O'Connor. On appeal from the Superior Court of New Jersey, Law … Brown, Bryant, or both, were members of the Bloods at some point and that the shooting might have been gang-related. As … would "arouse the passions of an ordinary person beyond the power of his control." The court cautioned, however, that …