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… T.T. appeals from an October 12, 2023 Law Division judgment continuing his commitment to the Special Treatment Unit … In addition to T.T.'s score having been reduced by three points due to his age, it underestimates T.T.'s risk to … Inc. v. Eisenberg, 397 N.J. Super. 64, 78-79 (App. Div. 2007) (quoting Rosenberg v. Tavorath, 352 N.J. Super. 385, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant unholstered his firearm and waived it, briefly pointing its muzzle towards Luis. Luis testified that … of his defense." State v. Wakefield, 190 N.J. 397, 438 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … I'm going to call the police. She said, [g]o ahead. At that point she forcefully entered my apartment. Now she is in the … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty Inc. v. BMW of N. Am., …
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… 14-05- 0525. Mack E. Mitchell, appellant pro se. Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … presents the following arguments for our consideration. POINT I FIRST PCR COUNSEL WAS INEFFECTIVE IN NOT RAISING … five at sentencing. See State v. O'Neal, 190 N.J. 601, 619 (2007); State v. Worlock, 117 N.J. 596, 625 (1990). Defendant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … parties' residence. Gould observed Stella's eyes were "pinpoint" and that she had bruises and lacerations on her face. … of Youth & Family Servs. v. M.M., 189 N.J. 261, 281-83 (2007) (finding abuse or neglect where the father refused to …
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… award. On appeal, defendant raises the following points for our consideration: POINT I THE PROCEDURAL AND … warrant our review. Mt. Hope Dev. Assocs. v. Mt. Hope Waterpower Project LP, 154 N.J. 141, 152 (1998). For example, a … State Farm Ins. Co., 396 N.J. Super. 472, 475-76 (App. Div. 2007) ("When a [trial] judge fails to [consider N.J.SA. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … transportation for B.N. so that she could keep necessary appointments in New Jersey. In addition to providing an array … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty, Inc. v. BMW of N. Am. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … remand with instructions that a new PCR counsel be appointed and that the new counsel be provided an opportunity … A-3558-17T4 witnesses. State v. Elders, 192 N.J. 224, 244 (2007) (citing State v. Johnson, 42 N.J. 146, 161 (1964)). In …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … plaintiff Robert Zieniuk's motion to require the court-appointed receiver, Robert A. Gleaner, Esq., to turn over the … name because plaintiff had bad credit. On June 27, 2007, plaintiff's attorney wrote to defendant, stating that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID … stop. State v. Baum, 393 N.J. Super. 275, 286 (App. Div. 2007) (citing Terry, 392 U.S. at 20) (holding that during an …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … pill bottle into the crease of the back seat. At that point, Hollo "escorted" defendant out of the cab by taking … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). The legal conclusions of a trial court are reviewed …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … did so by grabbing Janaki's throat with two hands, at which point he was kneeling towards the laundry room and Janaki … jury of the law. See State v. Torres, 183 N.J. 554, 564 (2007) (citations omitted). Defendant argues first that the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … his suppression motion and asserts the following arguments: POINT I THE HANDGUN WAS SEIZED PURSUANT TO AN ILLEGAL … appellate intervention. State v. Elders, 192 N.J. 224, 245 (2007). "A trial court's interpretation of the law, however, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … then walk up and attempt to gain some interaction at that point. If that's our law, that places, I think, society as a … court's decision," State v. Elders, 192 N.J. 224, 243-44 (2007), on a motion to suppress if "there was substantial …
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… had robbed the store. Accordingly, we reverse defendant's conviction, vacate his sentence, and remand for further … saw a vehicle traveling toward him, away from the store. He pointed his spotlight into the vehicle and observed a male … rule." Ibid. (quoting State v. Elders, 192 N.J. 224, 247 (2007)). While reasonable articulable suspicion is a lower …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following contentions for our consideration: POINT I THE EVIDENCE MUST BE SUPPRESSED BECAUSE THE … 10 A-2465-21 (quoting State v. Elders, 192 N.J. 224, 244 (2007)). However, legal conclusions drawn from those facts …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following arguments: POINT I BECAUSE [DEFENDANT] RECEIVED INEFFECTIVE ASSISTANCE … trial unfair." State v. Wakefield, 190 N.J. 397, 538 (2007). Even where a defendant alleges multiple errors, "the …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Joie D. … "until further order of this court." On appeal, in a single point, defendant presents the following arguments for our … Div. 2010) (citing State v. Francis, 191 N.J. 571, 587 (2007)). Although "incomplete or imprecise instructions by a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRONEOUSLY FOUND … Ibid. (quoting State v. Elders, 192 N.J. 224, 244 (2007)). 7 A-5553-16T3 Defendant argues Ribeiro's affidavit …
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… Jr., appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary NOT FOR … appeal followed. On appeal, defendant raises the following points: POINT I THE PCR COURT SHOULD HAVE HELD THAT … also State v. Gaither, 396 N.J. Super. 508, 516 (App. Div. 2007) (holding that appellate counsel is not "required to …