njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … one-half year custodial term. On appeal, defendant argues: POINT I DEFENDANT WAS DEPRIVED OF A FAIR TRIAL WHEN THE … 359 (2009) (quoting State v. Wakefield, 190 N.J. 397, 436 (2007)). One such principle mandates that prosecutors limit …
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… class action seeking remedies pursuant to New Jersey's Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to - 184, and the … the total selling price plainly marked or located at the point where the merchandise is offered for sale." After … v. Warnock Dodge, Inc., 396 N.J. Super. 267, 278 (App. Div. 2007), aff’d on other grounds, 197 N.J. 543 (2009). The …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a new per se rule requiring that juveniles consult with appointed counsel before waiving Miranda rights. I. 4 … Id. at 44 (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "An appellate court 'should give deference to those …
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… Before Judges Messano, Ostrer and Susswein (Judge Ostrer concurring). On appeal from the Superior Court of New … traffic stop. See State v. Elders, 192 N.J. 224, 243-44 (2007) (describing standard of review of suppression orders). … troopers returned to the patrol car a third time. By that point, nearly fifteen minutes had elapsed since the stop …
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… eight counts charged in a forty-six count indictment,1 consisting of three counts of drug possession-related … a minor, Chang asked whether her "mom [was] home." At that point, an individual later identified as defendant came to … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law …
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… it justifiably discharged him for engaging in inappropriate conduct at a trade show. The appeal raises two important and … and product management experience at Prince Agri. At one point, Welch allegedly responded, "I don't know if that is … of Trs. Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007). See also State v. Harper, 229 N.J. 228, 237 (2017). …
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… denying his motion to for a Miller1 hearing to correct an unconstitutional life sentence he received for a double murder … v. N.J. State Parole Bd., No. A-2649-05 (App. Div. Aug. 22, 2007). He next appealed the Board's May 25, 2011 decision … terms with no period of parole ineligibility. Defendant pointed out that from January 1, 2019, to December 31, 2019, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … I. On appeal, Stevenson makes the following arguments: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION … evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). A trial judge's findings of fact should not be …
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… John E. MacDonald argued the cause for appellants (Constangy, Brooks, Smith & Prophete, LLP, attorneys; John E. … and the denial of the motions, raising the following points for our consideration: POINT ONE THE LOWER COURT … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). We review issues of law de novo and accord no …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The judge granted the Division's application and appointed a Law Guardian for the children. The judge expressed … 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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A-3780-23 Briefs
Briefs
njcourts.gov
… Division, September 26, 2024, A-003780-23 i TABLE OF CONTENTS Page STATEMENT OF PROCEDURAL HISTORY 1 STATEMENT OF FACTS 2 LEGAL ARGUMENT 6 POINT I THE TRIAL COURT ERRONEOUSLY SUPPRESSED THE EVIDENCE … intervention." State v. Elders, 192 N.J. 224, 245 (2007). A trial court's legal conclusions, however, and its …
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A-0417-23 Briefs
Briefs
njcourts.gov
… Appellate Division, April 05, 2024, A-000417-23 TABLE OF CONTENTS TABLE OF APPENDIX TABLE OF JUDGMENTS TABLE OF … Division, April 05, 2024, A-000417-23 LEGAL ARGUMENT POINT I COUNSEL FOR RESPONDENT LACKED A GOOD FAITH BASIS … Police & Firemen's Retirement System, 192 N.J. 189 (2007). Vll. 26-27 27-28 18 4 FILED, Clerk of the Appellate …
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A-13-24 Appellate Division Brief
Briefs
njcourts.gov
… 209 South Broad Street Trenton, NJ 08650 i TABLE OF CONTENTS PROCEDURAL HISTORY … 3 LEGAL ARGUMENT POINT I THE TRIAL COURT PROPERLY INSTRUCTED THE JURY … 515 (1971) ……………………….…………… 12 State v. Burn, 192 N.J. 312 (2007) …………………………...………… 10 State v. Case, 220 N.J. 49 (2014) …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to [R.R.] accompanying [them] to Florida, and at no point during [their] trip did he request that [they] bring … circumstances element is grounded in the court's power of parens patriae to protect minor children from …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rather than genuine and specific job searches." The court pointed out plaintiff (1) "never appeared" to follow up on … C. Arrearages A trial court "possesses broad equitable powers to accomplish substantial justice" and may tailor an …
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… CITY OF PASSAIC, CITY OF PASSAIC PUBLIC WORKS, and CONGREGATION TIFERETH ISRAEL, Defendants-Respondents. … notice of its existence). Significantly, Castro does not point to any prior complaints or incidents concerning the … public entities' limited resources, it is not within our power to impose a more comprehensive tree removal program on …
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… STATE OF NEW JERSEY, Defendants, and SMITH SONDY ASPHALT CONSTRUCTION COMPANY, COUNTY OF ESSEX, RIVERVIEW PAVING, … found plaintiff's case was unlike Jacobs v. Jersey Central Power & Light Co., 452 N.J. Super. 494 (App. Div. 2017). … different conditions in the . . . road at any particular point and . . . how they get addressed and what's the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. Plaintiffs raise the following points: I. IT WAS NOT THE TOWN THAT WAS ENTITLED TO SUMMARY … are unequivocally permitted to exercise their police power over the licensing and enforcement of dog regulations …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … mentally incompetent and after contested guardianship appointment proceedings, New York attorney Michael S. … faith, with ordinary discretion and within the scope of his powers, his acts cannot be successfully assailed." Connelly …
njcourts.gov
… Person, by BARBARA A. WICHOT and GREGORY P. WICHOT, Court Appointed Co-Guardians of the Person and Property for JEFFREY … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … competent jurisdiction. The arbitrators will not have the power to decide any dispute regarding the nature and amount …