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A-3/4/5-24 Appellate Brief Spraulding
Briefs
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… NO . 15004862 CRIMINAL ACTION ON APPEAL FROM A JUDGMENT OF CONVICT ION IN THE SUPERIOR COURT OF NEW JERSEY, LAW … . . . . . . . . . . . . . . . . . . . . . 5 LEGAL ARGUMENT POINT I THERE WAS NO ABUSE OF DISCRETION IN THE TRIAL COURT … . ..... . . .. . ..... 30 State v . Burns, 192 N. J. 31 2 (2007) .................................. 21 , 39 State v . …
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… Saldutti Law Group, attorneys for respondent (Thomas B. O'Connell, of counsel and on the brief). PER CURIAM Defendant … the Bank commenced the foreclosure action, the court appointed a receiver, the receiver entered into a lease with … Credit Union v. Perez, 391 N.J. Super. 419, 432 (App. Div. 2007)). A motion for frivolous litigation sanctions "shall …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007). But, we will not hesitate to set aside a ruling that … that defendant ingested some unknown substance at some point on the day of the incident. Importantly, 12 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … tested positive for THC [and was] referred to an intake appointment with Project Free in December 2018[, which] . . . … of Youth & Family Servs. v. G.L., 191 N.J. 596, 606-07 (2007)). In reviewing Judge Forrest's decision, we must defer …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the following issues for our consideration on appeal: POINT I THE POST-CONVICTION RELIEF COURT ERRED IN DENYING … also State v. Gaither, 396 N.J. Super. 508, 516 (App. Div. 2007) (holding that appellate counsel is not "required to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in 2008. Plaintiff alleged that it had its land tested in 2007, after cleaning up pollution from leaking underground … claims that its land can never be remediated to the point where it can obtain a RAO, thus permanently …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … past record. Relying on In re Herrmann, 192 N.J. 19, 33 (2007), the ALJ considered the severity of Pratt's actions … his actions were improper, and that there is no policy on point informing an employee on how to handle this particular …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 199 N.J. 1, 9 (2009); In re Carter, 191 N.J. 474, 482 (2007). An administrative agency's final quasi-judicial … 183 (2011) (explaining that "an expression of opinion on a point involved in a case . . . deliberately mentioned by the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 81, 88 (App. Div. 2006), certif. denied, 190 N.J. 257 (2007). The judge found neither parent demonstrated the … defendant's claim. B.R., supra, 192 N.J. at 311. Defendant points to twenty-six "facts" that, he argues, could have …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2536-09T1 SEAVEY CONSTRUCTION, INC., Plaintiff-Respondent, v. CHRISTINE ST. … otherwise, we reverse and remand. I. On November 28, 2007, the parties signed a "Cost Plus Percentage" agreement … 202 (App. Div. 2004). The case before us illustrates the point. Plaintiff filed a NUB on December 8, 2008, and its …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … We affirm. I. Tina was born to Nora and H.F. in December 2007. H.F. died in December 2021. Nora and H.F. are also the … level of care, discharged her, and referred her to Turning Point's inpatient program, which she refused to attend. When …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the opinions of her treating physicians. Dr. Hutter also pointed out that the June 27, 2001 and October 30, 2015 MRIs … N.J. 14, 27 (2011) (citing In re Herrmann, 192 N.J. 19, 27 (2007)). The agency's decision should be upheld "unless there …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … distribution." 8 A-0010-22 defendant. First, the judge pointed out that defendant's transfer of the Ameritrade … the record." MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … home had been approved by the Planning Board in 2007, but at that time, OZ failed to request subdivision … . . . tracts. That's how it . . . did exist at one point in time. I think that's the appropriate configuration …
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… command auditory hallucinations that involved violence contemplated against plaintiff, . . . . (Slip op. at 14)." … "she will be immediately referred for immediate appointment with me." Over the course of the next several … of a report by Dr. John O'Reardon referencing T.E.'s 2007 and 2011 aggravated assault charges; in the 2007 …
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… income between $300,000 to $1.38 million between 2000-2007, with his highest-earning years in 2006 and 2007.1 1 We … in 2008, the father started a yoga studio business, Powerflow Yoga. As a result, his annual income drastically … of his leukemia, and his children have grown to a point that two of them were residing away at college, with …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … best permanency plan for her daughter, J.P. (Jen), born in 2007. We affirm. The Division of Child Protection and … must satisfy the factors under N.J.S.A. 3B:12A-6(d) for appointment of a kinship legal guardian. The court shall …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of M.B., born in June 2004, and D.B.-H., born in February 2007, appeals from the February 27, 2017 Family Part … and has obtained housing and gainful employment. Defendant points to the 13 A-2924-16T3 testimony of Dr. Dyer, who …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that a failure by Brandon to maintain at least a 2.5 grade point average "will be prima facie for emancipation … accord MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007). "Furthermore, matrimonial courts possess special …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT I THE MOTION COURT COMMITTED REVERSIBLE ERROR IN … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007). We must defer to the trial court's findings, "which …