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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following contentions for our consideration: POINT I THE LAW DIVISION ERRED IN GRANTING SUMMARY JUDGMENT … Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 373 (2007); and (4) there was no evidence that plaintiff's gender …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … herein set forth. For the 2019-2020 school year, M.P. was appointed to the 12- month position of Instructional Coach. … (App. Div. 2019) (quoting In re Carter, 191 N.J. 474, 482 (2007))]. Substantial evidence has been defined as "evidence …
- njcourts.gov… Somerset County, Indictment No. 13-04-0169. Michael Confusione argued the cause for appellant (Hegge & … penalties. On appeal, defendant presents the following points for our consideration. POINT 1 THE TRIAL COURT ERRED … in the record." State v. Elders, 192 N.J. 224, 243 (2007). Affirmed. … STATE OF NEW JERSEY VS. LYNDA …
- STATE OF NEW JERSEY VS. ROGER E. MEJIA (23-12-0299, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … but he explained the MVR is taken from "a different point of view" and did not capture the entirety of his … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
- ALMA PAPETTI VS. ARTHUR J. PAPETTI (FM-14-1411-19, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of N.J.S.A. 37:2-38. She tracks the statute to make several points in support of her position she did not: enter the … and cash holdings. 394 N.J. Super. 55, 63-65 (App. Div. 2007). Both cases stand for the proposition that plaintiffs …
- STATE OF NEW JERSEY VS. EMMANUEL PIERREVIL (09-01-0262, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a newspaper article following their convictions. At that point, the juror told Johnson she had "presided over … #21-06 – Revised Procedures and Questions 4 (May 16, 2007) (AOC Directive #04-07). The motion judge apparently …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … is going to reconsider its earlier decision that the point in time when the [forty- five] days starts running is … Borough of Avalon, 391 N.J. Super. 181, 189- 90 (App. Div. 2007); (3) arbitrarily designates public lands as …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the reasons for its rulings. In its opinion, the court pointed out: "While the parties may have originally not … Hand v. Hand, 391 N.J. Super. 102, 111-12 (App. Div. 2007). "We accord 'great deference to discretionary …
- STATE OF NEW JERSEY VS. PABLO J. GUZMAN (09-11-2237, 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 … On appeal, defendant raises the following arguments: POINT I THE PCR COURT ERRED IN RULING THAT [DEFENDANT'S] … elects to do so. State v. DuBois, 189 N.J. 454, 465 (2007) (citing Faretta v. California, 422 U.S. 806, 816 …
- STATE OF NEW JERSEY VS. HERRON ALSTON (95-07-2488, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … sentence was consecutive to the VOP term. In September 2007, defendant filed his first PCR petition, alleging … On appeal, defendant presents the following arguments : POINT ONE WHERE THE APPELLATE DIVISION VACATED THE JUDGMENT …
- STATE OF NEW JERSEY VS. DONOVAN M. MANGUM (18-08-2090, CAMDEN 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 the front, intending to make a pedestrian stop. At this point, defendant dropped the beer can and fled. Detective … credible but relied on State v. Elders, 192 N.J. 224, 247 (2007), and concluded the State failed to present evidence to …
- STATE OF NEW JERSEY VS. CLIFTON L. HOLLEY (17-06-1217, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … three-and-a-half years. In his appeal, defendant argues: POINT I THE WARRANTLESS MOTOR VEHICLE STOP VIOLATED … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for his encounter with the victim. . . . Based on these points, it is unlikely that a motion to suppress would have … motion . . . ." State v. O'Neal, 190 N.J. 601, 619 (2007). For example, where a defendant complains his or her …
- STATE OF NEW JERSEY VS. ROBERT S. MYLES (17-01-0062, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the arguments he raised before Judge Donohue, as follows: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE ASSISTANCE OF … argument. See State v. O'Neal, 190 N.J. 601, 618-19 (2007). Defendant also argues for the first time on appeal …
- STATE OF NEW JERSEY VS. GEORGE J. HOLIDAY (16-04-0680, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Patrick F. … that it could have been visible to Bracht from his vantage point. . . . Without knowing the actors' squatting … analysis[.]" State v. Elders, 192 N.J. 224, 250 (2007). Therefore, a police officer may conduct an …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following issues for our consideration: POINT I THE TRIAL COURT ABUSED ITS DISCRETION BY … A-2329-20 Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007); see also R. 5:8-6 (requiring the court to "set a …
- ALEX ORTIZ VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to [Ortiz]." The rear passenger extended his arm and pointed a handgun at Ortiz, who fired "one round" at the … Police & Firemen's Retirement System, 192 N.J. 189 (2007), the ALJ correctly recognized in this matter that 5 …
- CBRE, INC., ETC. VS. NEW WORLD STAINLESS (LT-000733-18, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… DIVISION DOCKET NO. A-0021-20 CBRE, INC., AS COURT APPOINTED RECEIVER FOR WCA 100, LLC, Plaintiff-Respondent, v. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … damages") (citing Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007)); accord R. 6:3-4(a) ("Summary actions between …
- STATE OF NEW JERSEY VS. GUILLERMO PERALTA (16-03-0413, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Manzo, Designated Counsel, and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … defendant presents three arguments for our consideration: POINT I – BECAUSE DEFENSE COUNSEL WAS INEFFECTIVE BY NOT … State v. Watkins, 390 N.J. Super. 302, 305 (App. Div. 2007), aff’d on other grounds, 193 N.J. 507 (2008). Having …
- STATE OF NEW JERSEY VS. JOHN COLES (17-10-2278, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … guilty to the weapons charge. On appeal, defendant argues: POINT I BOTH THE TERRY1 STOP AND TERRY FRISK WERE … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (quoting State v. Rodriguez, 172 N.J. 117, 126 …