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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … assailant gave chase. Moseti fell to the ground, at which point the pursuing assailant resumed his attack. Moseti … incapable of exercising normal physical or mental power of resistance"); aggravating factor three, N.J.S.A. …
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A-1137-23 Briefs
Briefs
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… Division, June 21, 2024, A-001137-23, AMENDED TABLE OF CONTENTS . . Table of Cases and Other Authorities … . ........ .... .. . ... ..... ........ . ... .. ...... 6 Point I … crimes. While state statutes vested trial judges with the power to impose either type of sentence, the statutes did …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … theory at trial was that defendant threatened P.R. at knifepoint, drove her to a desolate location, and forced her to … Supreme Court ruled in State v. Tucker, 190 N.J. 183, 189 (2007), "a defendant's right to remain silent is not violated …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … conviction and sentence, and raises the following issues: POINT I THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT WHEN … intends to prove. State v. Wakefield, 190 N.J. 397, 442 (2007). Further, it is well-settled that prosecutors "are …
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A-2151-22 Briefs
Briefs
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… 12, 2023, A-002151-22 mailto:ed@mellk-cridge.com 2 TABLE OF CONTENTS TABLE OF AUTHORITIES………………………………………………….……3 TABLE … LEGAL ARGUMENT: THE JOB FAD MUST BE SET ASIDE……….14 POINT ONE: THE STANDARD OF REVIEW (Not Addressed … N.J. Corp. v. N.J. Dept. of Envtl. Prot., 191 N.J. 38 (2007)…………………………………………………………..…15-16 Virginia Bush v. Bd. of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … is limited. R. 1:36-3. September 12, 2019 2 A-0934-17T1 For pointing a shotgun at the victim, his girlfriend, and … turns out not to be pregnant), certif. denied, 192 N.J. 74 (2007). Type a(2) involves a situation "'where the criminal …
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… daughter). In 2001, the brothers also granted Powers of Attorney (POA) in the same order. Helen, who is a … something to Alice.” Boyadjis also testified that at some point, Peter told him that Helen was “not as bad as the … of Albanese v. Lolio, 393 N.J. Super. 355, 368 (App. Div. 2007); Petrillo v. Bachenberg, 139 12 N.J. 472, 483-84 …
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… party.” Pacifico v. Pacifico, 190 N.J. 258, 267 (2007) (citing 5 Corbin on Contracts § 24.27 (Perillo ed., … in situations where the parties have unequal bargaining power. If both parties are equally ‘worldly-wise’ and … favoring coverage should be applied.” Cypress Point Condo. Ass’n v. Adria Towers, L.L.C., 226 N.J. 403, …
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… his job at IBG. The parties’ conflict reached a critical point in October 2011. In the wake of a dispute over e-mails … “[t]he Legislature has recognized that courts’ equitable powers are particularly appropriate in the context of … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 110 (2007) (quoting VRG Corp. v. GKN Realty Corp., 135 N.J. 539, …
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… that Acceptance Agreement, MHA succeeded to the rights, powers, privileges, benefits and interests under the Network … the theories of liability alleged in the Complaint. Horizon points out that the sole allegations lodged by MHA relate to … Rugs, Inc. v. Ellman, 394 N.J. Super. 278, 286 (App. Div. 2007) (“An implied contract cannot exist when there is an …
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… PIP benefits, and because the law was well-settled at that point. Similarly, 12 GEICO argues that retroactive … be to determine the Legislature’s intent.” Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 586 … of Trs., Police & Firemen’s Ret. Sys., 192 N.J. 189, 195 (2007) (citing DiProspero v. Penn, 183 N.J. 477, 492 (2005)). …
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… (the Columbia Group) joined the Medical Staff in July 2007.2 With plaintiffs’ help, Valley’s programs and … Bergen Passaic Neurosurgery, also joined Valley at some point prior to 2015. 3 The record is unclear as to how many … in an invalid exercise of its discretionary healthcare powers (the “Berman” claim); (2) violated the doctrine of …
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… defendants asserted immunity under the Emergency Health Powers Act, N.J.S.A. 26:13-1 to -36, in their motions to … by the court." Jerkins v. Anderson, 191 N.J. 285, 294 (2007). Plaintiff has filed a malpractice action against … to the asbestos he brought home on his work clothing"). Our point is not to say that McIntosh was wrongly decided or …
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… v. Smith Barney, Inc., 393 N.J. Super. 578, 585 (App. Div. 2007), aff'd, 195 N.J. 423 (2008)). In pertinent part, the … of the original pleading; but the court, in addition to its power to allow amendments may, upon terms, permit the … See generally Prime Accounting Dep't v. Twp. of Carney's Point, 212 N.J. 493, 511-14 (2013) (explaining application …
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… retained in said sole ownership, enjoyment[,] control and power of disposal of said party free and clear of any … throughout the record. 22 A-1315-15T2 At some undefined point, plaintiff renovated the Francis Street property to … (quoting Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007)). "[T]he decision concerning the type of custody …
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… Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007). "Appellate courts must defer to a trial judge's … violations, and one "gun charge." The Division has not pointed to any specific evidence in the record that … for committing a brutal first-degree murder "militates powerfully against his fitness as a parent."). That said, …
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… taken from the extensive deposition testimony. A. Falco's Appointment as Police Chief and Benefits In 2008, the State of … upon retirement. Similar agreements covering "2005-2006-2007" added among other items, that 6 A-0312-18T3 Although … and establishment of a municipal police force and sets the powers and duties of the police chief. The police chief …
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… claimed he saw Bryant reached towards his waist. At that point, what began as a field inquiry turned into an … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). We review issues of law de novo and accord no … in any form or not a proper execution of his police powers. B. Dismissal of Claims Against Egan The judge's …
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… R. 2:5-4; New Jersey DYFS v. M.M., 189 N.J. 261, 278 (2007); State v. Golotta, 178 N.J. 205, 211-12 (2003)) … that was "extreme" or "outrageous." As the motion judge pointed out, journalists regularly seek comments from public … at all times subject to the supervision and supersession power of the Attorney General." Id. at 452. Thus, "a county …
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… On May 20, 2015, the court signed a consent order appointing Laurie Poppe as parenting coordinator (the … by each party to the education, training or earning power of the other; 19 A-5362-17T4 i) The contribution by … In re Estate of Hope, 390 N.J. Super. 533, 541 (App. Div. 2007). Implicit in that exercise of discretion is the …