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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 764 F. Supp. 940 (D.N.J. 1991). 6 A-1240-21 Plaintiff points to no compelling reason in law or equity that would … an employee's wages." 393 N.J. Super. 578, 585 (App. Div. 2007). That said, recognizing the clear legislative intent …
- njcourts.gov… that follow, including traditional canons of statutory construction, in the absence of a specific reference to … Toms River Reg’l 5 Schs. Bd. of Educ., 189 N.J. 381, 400 (2007) (Zazzali, C.J.). “If the language is plain and clearly … to “write in additional qualification which the Legislature pointedly omitted in drafting its own enactment”). …
- njcourts.gov… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior Court of New … 20, 2017. This appeal followed. E.C. argues the following point on appeal. THE STATE FAILED TO PROVE BY CLEAR AND … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). We thus accord a trial court's determination …
- STATE OF NEW JERSEY VS. DARYL MORRIS (15-09-1058, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … language and to a common sense result. From our vantage point, the judge's interpretation undermines the clear and … our decision in State v. Emmons, 397 N.J. Super 112, 125 (2007), where Judge Skillman wrote: The basic prohibition of …
- njcourts.gov… LAWRENCE and CAROL LAWRENCE, Defendants, and OCEAN VISTA CONDOMINIUM ASSOCIATION and SURF SITE MANAGEMENT, LLC, … party, see Hodges v. Sasil Corp., 189 N.J. 210, 215 (2007). Those facts are as follows. Plaintiff rented a … that results in a hazardous defect. Plaintiff A-4561-15T1 5 pointed out she served an expert's report upon defendants …
- STATE OF NEW JERSEY VS. RICKY RICHARDSON (15-08-0899, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … an arrest warrant for unrelated individuals. He argues: POINT I THE CONTENTS OF RICHARDSON'S BAG SHOULD BE … the judge's findings. State v. Elders, 192 N.J. 224, 243 (2007). We will reverse only when the trial court's findings …
- STATE OF NEW JERSEY VS. DAVID A. FIGUEROA (12-05-0705, BERGEN COUNTY AND STATWIDE) - Unpublished Opinionsnjcourts.gov… Prosecutor, of counsel and on the brief). PER CURIAM A jury convicted defendant David A. Figueroa of aggravated assault … reasonable adjournment request compelled reversal. On this point, defendant urges us to remand for an evidentiary … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007) (citing State v. Morrison, 215 N.J. Super. 540, 546 …
- STATE OF NEW JERSEY VS. MUKHRAN UMSTEAD (14-07-1861, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defendant and his co-defendant, Walter Johnson, with second-degree NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … On appeal, defendant raises the following contentions: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION … precedes the search.'" State v. O'Neal, 190 N.J. 601, 614 (2007) (quoting State v. Bell, 195 N.J. Super. 49, 58 …
- STATE OF NEW JERSEY VS. ANTONIO D. HALL(14-07-2030, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… CURIAM Defendant Antonio D. Hall appeals from a judgment of conviction entered after he conditionally pled guilty to one … for the investigatory stop. On appeal, defendant argues: POINT I BECAUSE THE POLICE HAD NEITHER PROBABLE CAUSE NOR … court cannot enjoy." State v. Elders, 192 N.J. 223, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … contact. The [c]ourt couldn't be more clearer on that point. After hearing from the State, defense counsel, and … the sense of the case. State v. Elders, 192 N.J. 224, 244 (2007). Thus, we will not disturb a court's finding of a …
- #15-06 Administrative Directivesnjcourts.gov… promulgates that Policy. The Policy was developed by the Conferences of Presiding Judges-Municipal Courts and the … the date of this Directive, that is, by Monday, February 5, 2007. C. Each court’s Municipal Court Security Plan must … COURT APPELLATE DIV. AREA INCIDENT OCCURRED SCREENING POINT # ____ ENTRANCE # _____ WAITING AREA # _____ COURTROOM …
- STATE OF NEW JERSEY VS. RAMON PACHECO (11-12-1380, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … filed a pro se PCR petition. Thereafter, defendant's appointed PCR counsel submitted a brief in support of the … well-established law. State v. O'Neal, 190 N.J. 601, 619 (2007); State v. Worlock, 117 N.J. 596, 625 (1990). Defendant …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … entry of the judgment in the Foreclosure Action at that point was a ministerial act that either the Office of … Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007). The February 16, 2018 and April 12, 2018 orders in …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … tapped her car . . . ." Judson estimated his speed at the point of impact at "[n]o more than ten miles an hour, no … purports to show. See Brenman v. Demello, 191 N.J. 18, 21 (2007) ("The admissibility of any relevant photograph rests …
- STATE OF NEW JERSEY VS. DELVIN JONES (16-11-0956, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the street in the direction of 711 Buck Street, at which point Falciani lost sight of him. Falciani informed the … abuse of discretion. Brenman v. Demello, 191 N.J. 18, 31 (2007). Thus, we will not disturb a trial court 's …
- njcourts.gov… On appeal, John raises the following contentions: [POINT] I THE ASSAULT RIFLE WAS SEIZED DURING AN ILLEGAL … officers serving in a community-caretaking role are empowered to make a warrantless entry into a home under the … 218 N.J. at 424 (citing State v. Elders, 192 N.J. 224, 243 (2007)). Deference should be afforded to a trial judge's …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the Office of the Public Defender, states: "The attorney appointed by the court to represent the 3 A-1044-20 patient is … re Commitment of J.R., 390 N.J. Super. 523, 530 (App. Div. 2007). "[T]he risk of dangerousness that will warrant …
- STATE OF NEW JERSEY VS. JHAVAL D. RANDOLPH (17-01-0034, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … from which defendant now appeals, raising the following points for our consideration: POINT I BECAUSE OFFICERS … and correction.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). …
- njcourts.gov… Defendants/Third-Party Plaintiffs-Respondents, v. BEAVER CONCRETE CONSTRUCTION COMPANY, INC., TNT EQUIPMENT SALES & … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … to a "[c]herry picker[] [or] similar device." ICSOP further points out that the hy-rail was operating as a lifting …
- njcourts.gov… Defendants/Third-Party Plaintiffs-Respondents, v. BEAVER CONCRETE CONSTRUCTION COMPANY, INC., TNT EQUIPMENT SALES & … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … to a "[c]herry picker[] [or] similar device." ICSOP further points out that the hy-rail was operating as a lifting …