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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … as those circumstances were evolving and developing, to the point of creating a 3 A-3941-17T2 dangerous condition on … defendant acted negligently. Jacobs v. Jersey Cent. Power & Light Co., 452 N.J. Super. 494, 505 (App. Div. …
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… CLERK THE SUPERIOR COURT The Advisory Committee on Judicial Conduct having filed with the Court pursuant to Rule … it was his “judicial philosophy” to do everything “in [his] power to make sure that both parents spend as much time as … this guy,” if she failed to comply with his Order, he was pointing to a shackled prisoner seated in his courtroom. Id. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Office in mortgage book 20507, page 1574. On February 5, 2007, the Wishnias executed a third promissory note to … proceeding further in a mortgage proceeding." The judge pointed out that once plaintiff discovered there was no …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Inn. Testifying for the State, Spence said that on the appointed date, he picked up Kemar at the airport, and went to … of the State's case.'" State v. Burns, 192 N.J. 312, 341 (2007) (quoting State v. Chapland, 187 N.J. 275, 289 (2006)). …
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… in light of the troubling issue posed in defendant's third point. Both accepted our invitation; we are grateful for … of the court was delivered by FISHER, P.J.A.D. At the conclusion of an eight-day trial, a jury convicted defendant … United States v. Mercado, 474 F.3d 654, 662 (9th Cir. 2007) (Fletcher, J., dissenting) (recognizing "[s]uch a …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Nancy A. … ground. The medical examiner concluded Brown was shot at point blank range with the muzzle of the weapon in direct … State v. Smith, No. A-1485-05 (App. Div. Sept. 27, 2007) (slip op. at 24). In April 2014, we reversed the …
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… or profit from criminal activities. As such, the Director contends there are no material facts in dispute, and summary … intent to evade tax.” N.J.S.A. 54A:9- 4(c)(1)(B). At this point, the record is devoid of proof of such intent, or of … at issue, and determined to be $212,940 for tax years 2006, 2007, 2008, and 2009, and $53,235 for tax year 2010. The net …
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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 … relevant time period, including Verizon’s own documents, points only toward a geographical definition of a “local … meanings.” In re Lead Paint Litig., 191 N.J. 405, 430 (2007). When a statute that uses a term of art was enacted …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). On de novo review, "[a] trial court's interpretation … as a matter of law." R. 4:46-2(c). As to plaintiff's first point, a motion for summary judgment requires a statement of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was unable to credit Dr. McNiel's testimony on this point. In her extensive opinion, Judge Grimbergen reviewed … 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 … alleging ineffective assistance of counsel. On March 26, 2007, the Law Division denied the petition and defendant … On appeal, defendant raises the following arguments: POINT I APPELLANT SUBMIT[S] THAT THE TRIAL COURT DID NOT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … motion to suppress. Defendant appeals, raising two issues. POINT I THE POLICE OFFICER'S ENTRY INTO THE GLOVE … appellate intervention. State v. Elders, 192 N.J. 224, 245 (2007). Our review of the trial court's application of the …
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… General, of counsel and on the brief). PER CURIAM A jury convicted defendant Roberto Gonzalez of third-degree … The State presented testimony from the victim's court- appointed guardian, two employees of the assisted living … suffered from dementia, schizophrenia, and delusions. In 2007, she was deemed legally incapacitated and a guardian …
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… County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). … plea agreement. On appeal, defendant raises the following points for our consideration: 1 Miranda v. Arizona, 384 U.S. … Super. 430, 435 (App. Div.), certif. denied, 192 N.J. 482 (2007); R. 3:9- 3(f) (authorizing conditional pleas). We also …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … from VFIC for his wholesale florist business. He leases a 2007 Mitsubishi refrigerator truck that he uses to carry … and apply the same standard as the trial court. Cypress Point Condo. Ass'n v. Adria Towers, LLC, 226 N.J. 403, 414 …
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… March 9, 2017 – Decided May 15, 2017 Before Judges O'Connor and Whipple. On appeal from Superior Court of New … against defendants, the judge stated the following: I will point out to you, though, that in our computer system the … basis." Iliadis v. Wal-Mart Stores, Inc. 191 N.J. 88, 123 (2007) (quoting Flagg v. Essex Cty. Prosecutor, 171 N.J. 561, …
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… the brief). PER CURIAM Defendant C.J.M.-G. appeals from his conviction after a jury trial and imposed sentence. We … disqualification period. On appeal, defendant argues: POINT I: THE PREJUDICIAL EFFECT OF CUMULATIVE, REPETITIOUS … In State v. Burr, 392 N.J. Super. 538, 573 (App. Div. 2007), we considered, and rejected, the defendant's argument …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … through counsel, raises the following issue on appeal: POINT I DEFENDANT IS ENTITLED TO AN EVIDENTIARY HEARING … for the first time. State v. Loftin, 191 N.J. 172, 198-99 (2007); State v. Quixal, 431 N.J. Super. 502, 513 (App. Div. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … been raised several times. [State v. Reid] [i]t's right on point. So, for those reasons, the Court doesn't find that … in the record." State v. Elders, 192 N.J. 224, 243 (2007) (citations omitted). See also State v. Alvarez, 238 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … post-conviction relief (PCR). On appeal, defendant argues: POINT I. THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S … 212 N.J. at 540; see State v. Elders, 192 N.J. 224, 244 (2007) ("A trial court's findings should be disturbed only if …