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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a firearm, N.J.S.A. 2C:39-5(b). Defendant appeals, arguing: POINT I [DEFENDANT] SHOULD BE RESENTENCED AGAIN BECAUSE THE … fourth-degree aggravated assault conviction in February 2007, resulting in an aggregated eighteen-month prison term; …
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… October 2, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior Court of New Jersey, Law … ineffective assistance of counsel (IAC). PCR counsel was appointed, and he filed a brief, amended petition and … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007) (citing State v. Morrison, 215 N.J. Super. 540, 546 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a separate hearing. On appeal, G.U.V. argues the following points: POINT I THE STATE’S ARSON EXPERT IMPROPERLY … limit for correction." State v. Romero, 191 N.J. 59, 80 (2007). Accordingly, the matter shall be remanded for the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … I. Since our disposition turns on the forum-related waiver point, we focus our discussion chiefly on the matter's … "conspicuous language" to that effect, "unequal bargaining power" between the parties, that plaintiff lacked any …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … which arose prior to Schiavone II. 12 A-3963-17T1 II. In Point I of its brief, the DOC asserts that the judge erred … in the alleged relationship had brought him additional power in the workplace over his fellow employees, and the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant's gun. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT'S … STATE'S CLOSING STATEMENT (INCLUDING AN IMPROPERLY UTILIZED POWER POINT PRESENTATION MIS[S]TATING THE LAW AS TO DUTY TO …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … around back. 1129: Huh? Neiber: Around my house. At that point, defendant exited his car and walked toward the back … wrongful in that it constitutes an abuse of lawful power, perverts the proper role of government, and offends …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … corrected, so Schwartz issued a similar memorandum in July 2007. 7 A-4313-17T3 In November 2009, Schwartz distributed … later stated that McGrath had "pushed" her and then pointed his finger in her face. This was the only incident …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and mitigating factors. Fermin raises the following issues: POINT I – THE STATE'S CONTROLLED DANGEROUS SUBSTANCE … N.J.R.E. 402; State v. Williams, 190 N.J. 114, 122-23 (2007). Relevant evidence may be excluded by the trial court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … front wore a red shirt, a white jacket, and dark pants. He pointed a handgun at Rios, demanding Rios's wallet and cell … Id. at 426 (citing State v. Elders, 192 N.J. 224, 244 (2007)). No deference is owed to the trial court's …
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A-37/38-23 Appellate Division Brief State Of New Jersey Fuquan Knight
Briefs
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… : __________________________ On Appeal from a Judgement of Conviction entered in the Superior Court, Law Division, … Facts.....................................1 Legal Argument Point I Mr. Osbourne’s Wade hearing testimony was properly … State v. Figueroa, 190 N.J. 219 (2007)........................18 State v. Fuentes, 217 N.J. …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … approach specifically invalidated by Hernandez. Defendant points to footnote twenty of Hernandez, where the Court … Super. 67, 70 (App. Div.), certif. denied, 192 N.J. 68 (2007)). Jail credits are “day-for-day credits.” Ibid. …
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… respondent. PER CURIAM 1 We use initials to preserve the confidentiality of these proceedings. R. 1:38- 3(d)(10). NOT … On appeal, defendant raises the following arguments2: POINT I THE TRIAL COURT FAILED TO CONSIDER THE LACK OF … McGowan v. O'Rourke, 391 N.J. Super. 502, 507 (App. Div. 2007)). When issuing a fee award, the trial court must apply …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following contentions: POINT I A NEW SUPPRESSION HEARING IS REQUIRED BECAUSE THE … 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." Although … was only a passenger in the car, defendant's counsel pointed to evidence in the record that the passenger side … See State v. Gaither, 396 N.J. Super. 508, 514 (App. Div. 2007). Finally, we reject defendant's argument that his PCR …
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… February 9, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior Court of New Jersey, Law … Office of the Courts Directive # 4-07 (May 16, 2007). Each of the eight subject jurors was specifically … referenced, unduly prejudicing him. Defendant further pointed out because of the court's earlier ruling, he was …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following arguments for our consideration: [POINT] I [THE] ADMINISTRATIVE APPEAL SHOULD HAVE BEEN … 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 … On appeal, defendant raises the following contentions: POINT I THE MOTION COURT ERRED IN RULING THAT THE … in unlawful activity. State v. Elders, 192 N.J. 224, 247 (2007). Similarly, the police may stop a motor vehicle based …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … student at Stockton State University. He appeals, arguing: POINT I [DEFENDANT]'S CONVICTION WAS BASED UPON EVIDENCE … 300, 313 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)), and we discern no basis to upset the denial of …
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… October 23, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from Superior Court of New … is recounted where we address such rulings below. In 2007, defendant was a plant manager for one of Rich … appropriate agency in satisfaction of each invoice. At that point, the agency prepared the paychecks, which were …