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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, K.W. raises the following argument in his brief: POINT I THE TRIAL COURT ERRED IN CONCLUDING THAT THE STATE … Commitment of T.J.N., 390 N.J. Super. 218, 225 (App. Div. 2007); accord R.F., 217 N.J. at 174. An appellate court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … State v. Watkins, 390 N.J. Super. 302, 305- 06 (App. Div. 2007)). A patent and gross abuse of discretion is a decision … obtain more prescriptions for himself. The prosecutor also pointed out that defendant admitted that sometimes he …
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… dispute referred to in the November 22, 2024 order will continue on in this court. But our rules also acknowledge … to enforce a judgment” under Rule 4:59. See Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 550 (App. Div. 2007). There is no doubt that the September 18, 2024 …
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… 2019 APPELLATE DIVISION September 30, 2019 2 A-1629-18T1 In considering the nature of a "pay-and-go" consent judgment, … Super. 324, 334 (App. Div. 2018). In turning to the first point, we reject defendants' premise that the judge applied … for damages. Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007). By confining itself to the landlord's right to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … N.J. 146, 161 (1964)); State v. Elders, 192 N.J. 224, 244 (2007). The trial court's decision must be affirmed if it is … to the passenger of a vehicle, "an officer must be able to point to specific and articulable facts that would warrant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of the hearing officer." On appeal, Reed reargues the same points he asserted in Reed I. Because we rejected Reed's … policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and therefore, Delaney could not be called to testify. In point of fact, Delaney was incarcerated in the same county … record support. State v. Elders, 192 N.J. 224, 243 (2007). "[A]n appellate court should not disturb the trial …
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… argued the cause for respondent/cross-appellant (Brown & Connery, LLP, attorneys; Stephanie L. Meredith, on the … an orthopedic surgeon. Dr. Canario examined petitioner in 2007, 2011, and 2012. While Dr. Canario agreed that … and permanently disabled. Respondent's arguments on this point are without sufficient merit to warrant further …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … under the influence of a drug. Defendant argues on appeal: POINT I: DEFENDANT'S MOTION TO SUPPRESS EVIDENCE WAS … court." Ibid. (quoting State v. Elders, 192 N.J. 224, 243 (2007)). The factual findings of a trial court are also …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appealed from the judgment of conviction dated June 8, 2007. We affirmed defendant's conviction and sentence. State … On appeal, defendant raises the following argument: POINT I THE LOWER COURT ERRED IN DENYING PETITIONER'S MOTION …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … old because defendant was not taking him to his medical appointments. When Erin was born just eleven months later, the … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. Super. …
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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, 293 (2007)). "Therefore, an appellate court should not disturb … also State v. Macon, 57 N.J. 325, 336 (1971). Defendants point out that G.A. was not alleged to have committed …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The ALJ reversed the Board's initial decision. The Board pointed out that, unlike with lay witnesses, it need not … enforcing." Richardson v. Bd. of Trs., 192 N.J. 189, 196 (2007). "Such deference has been specifically extended to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of this appeal. 3 A-1961-15T3 v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. Super. … not testify nor refute the Division's testimony. The judge pointed to the Division's credible testimony detailing …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … stood up and walked away towards Gloria's house. At this point, the victim was bleeding. A passing vehicle stopped, … 73, 90 (2010) (quoting State v. Burns, 192 N.J. 312, 341 (2007)).] Our Supreme Court has observed "error in a jury …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … it was not proper in the post- judgment context. The court pointed out that defendant's standing argument had been … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Here, defendant argues the trial court should have …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Cty. Prosecutor, 394 N.J. Super. 15, 22-23 (App. Div. 2007) (internal quotations omitted) (quoting Cty. of … with the cited hazardous waste laws. The agency pointed out that Yates Foil did not conduct any discovery, …
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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) (internal quotation marks and citation omitted). "It … (first alteration in original). As defendant correctly points out, "not every instance of drug use by a parent …
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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 contention: POINT I THE PROSECUTOR'S REJECTION OF DEFENDANT'S ADMISSION … State v. Watkins, 390 N.J. Super. 302, 305 (App. Div. 2007), aff'd, 193 N.J. 507 (2008)). "A patent and gross …
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… T. Robinson pled guilty to third-degree possession of a controlled NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … Before us, defendant raises the following arguments: POINT I BECAUSE THE TRIAL COURT'S FACTUAL FINDINGS WERE NOT … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). "Thus, appellate courts should reverse only when the …