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A-34-23 Amicus Curiae Brief
Briefs
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… Clerk of the Supreme Court, 06 Aug 2024, 088764 i TABLE OF CONTENTS TABLE OF AUTHORITIES … 3 POINT ONE … Church v. Lawson-Bell, 394 N.J. Super. 159 (App. Div. 2007) … language forbidding it, a defendant should be able to point to an empty chair non-party in order to reduce that …
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… August 5, 2025 Before Judges Currier and Torregrossa-O'Connor. On appeal from the Superior Court of New Jersey, Law … the restaurant when defendant entered, and, at some point, "opened the door," entered, and "told [defendant] to … claims or defenses. See State v. O'Neal, 190 N.J. 601, 619 (2007). We are satisfied defendant failed to make even a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … or unsupported. On appeal, defendant raises the following points for our consideration: 8 A-3713-22 POINT ONE THE PCR … Div. 2000); see also State v. Elkwisni, 190 N.J. 169, 175 (2007).4 Nonetheless, in defendant's brief and during oral …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … garage at 63 Lexington Avenue to secure a better "vantage point" for viewing the top of the roof. At that point, it … 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 ." … 5 A-3745-22 On appeal, defendant raises the following point for our consideration: THIS MATTER MUST BE REMANDED … a meritless motion[.]" State v. O'Neal, 190 N.J. 601, 619 (2007). New Jersey courts follow the Carter1 test to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … More particularly, defendant raises the following points for our consideration: POINT I DEFENDANT WAS … trustworthy sources. State v. O'Neal, 190 N.J. 601, 612 (2007) (quoting State v. Moore, 181 N.J. 40, 46 (2004)). When …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal followed. On appeal, Lowenthal raises the following points for our consideration: POINT I UNDER RULE 1:11-3, … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007) (Rivera-Soto, J., dissenting)). 10 A-3426-21 Here, we …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … serial number could not be seen from the officers' vantage point outside the sliding door. The trial court rejected the … court cannot enjoy." State v. Elders, 192 N.J. 224, 243 (2007). The reviewing court "ordinarily will not disturb the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and had a number of tattoos on his neck. The prosecutor pointed out that a tattoo on defendant's left hand could … appropriate. State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… Michael N. Beukas, of counsel and on the briefs; Kelly A. Conlon, on the briefs). George B. Keahey argued the cause … Clevon showed Kennedy the steps that needed repair and pointed out defective areas. Kennedy testified at her … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007)). Summary judgment is granted where the record …
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… of its subsequent motion for reconsideration. It argues: POINT I THE SUPPRESSION ORDER AND DENIAL OF RECONSIDERATION … test set forth in State v. O'Neill, 193 N.J. 148, 180-81 (2007), instead of the totality- of-the-circumstances test … 384 U.S. at 467). "The essential purpose of Miranda is to empower a person—subject to custodial interrogation within a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … correct an illegal sentence. On appeal, defendant argues: POINT ONE BECAUSE THE TRIAL COURT FAILED TO MAKE ANY … to the Legislature's elimination of the death penalty, L. 2007, c. 204, N.J.S.A. 2C:11-3(c)(4) listed the aggravating …
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… on the steps immediately outside the front door. At this point, the officers asked defendant if anyone else was … court cannot enjoy.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). … officers serving in a community-caretaking role are empowered to make a warrantless entry into a home under the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … treatment. Aaron appeals from the June 2018 order, arguing: POINT ONE: THE JUNE 21, 2018 ORDER TERMINATING LITIGATION … Div. of Youth & Family Servs. v. B.R., 192 N.J. 301, 307 (2007).3 We determine Aaron's ineffective assistance of …
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… 1 The parties are identified by initials to protect the confidentiality of the court's guardianship records. R. … was declared mentally incompetent, and guardians were appointed for her person and property. At that time, … and certificate of deposit. E.M. admitted that beginning in 2007, he removed money from B.M.'s accounts for his personal …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … allegations, the court did not recall defense counsel pointing at plaintiff's counsel to imply that plaintiff's … of his opinion." State v. Wakefield, 190 N.J. 397, 451-52 (2007) (quoting State v. Martini, 131 N.J. 176, 264 (1993)). …
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… 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 TRIAL COURT ERRED IN DENYING SUPPRESSION BECAUSE … and correction.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). …
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… Tax Court involving real property, the judgment shall be conclusive and binding upon the municipal assessor and the … 18 N.J. Tax 117, 120-21 (Tax 1999). [Coastal Eagle Point Oil Co. v. Twp. of W. Deptford, 353 N.J. Super. 212, … Dep’t. of Envtl. Prot., 395 N.J. Super. 604, 615 (App. Div. 2007) In enacting CAFRA, the Legislature found that certain …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … AS REQUIRED BY [N.J.S.A.] 30:4C-15 AND 30:4C-15.1[.] POINT I The Trial Court Erred in Finding that the Division … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007). "A Family Part's decision to terminate parental …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … about one o'clock in the morning on a summer night in 2007. Id. at 3. Defendant was in a blue Honda Civic with his … the judge found the expert's critique missed the larger point. "In the State of New Jersey, the presence of PCP 9 …