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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … period contained in the proposed written agreement. On this point, the judge noted because plaintiff's realtor, who … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 450 (2007) (second alteration in original) (quoting Brill, 142 …
- STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA (18-08-0487, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. II. Plaintiff raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN DENYING … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). In contrast, we review de novo the trial court's …
- njcourts.gov… 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 COURT'S RESPONSE TO THE NONUNANIMOUS … 143-45 (2014); State v. Figueroa, 190 N.J. 219, 231-39 (2007). Usually, upon being so notified, a court will charge …
- STATE OF NEW JERSEY VS. PAULA A. MIDDLEMAN (1-21, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … from within defendant's home, held it out a window, and pointed it at him. Marcus also reported Christopher then … at 451-52; see also State v. Williams, 192 N.J. 1, 10-11 (2007) (explaining a defendant could be properly convicted of …
- STATE OF NEW JERSEY VS. LAWRENCE KING (12-09-2500, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2C:39-9(e). Defendant argues the following on appeal: POINT I – THE TRIAL COURT ERRED BY NOT ORDERING A MISTRIAL … Id. at 145 (quoting State v. Figueroa, 190 N.J. 219, 237 (2007)). As the trial court explained, when the jury sent its …
- STATE OF NEW JERSEY VS. JAY R. ARTZ (12-08-1998, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … circumstances. On appeal defendant argues the following points: POINT I – THE TRIAL COURT ERRED IN DENYING … to a plea bargain.'" State v. Means, 191 N.J. 610, 619 (2007) (quoting Smullen, 118 N.J. at 416). "[A] defendant's …
- STATE OF NEW JERSEY VS. LAWRENCE CARTER, JR. (13-10-3174, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … jury selection, and his sentence. He specifically argues: POINT I – BECAUSE THE OFFICER HAD NO JUSTIFICATION TO … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
- STATE OF NEW JERSEY VS. CRUZ MARTINEZ, JR. (13-08-1528, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT COERCED A JUROR INTO REACHING A … Ibid. (citing State v. Figueroa, 190 N.J. 219, 237- 38 (2007)). We also must consider "the weighty role that the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … approach to encompass all claims . . . . The judge also pointed out that plaintiffs "admitted today, and [during] … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), overruled on other grounds by Wilson ex rel. Manzano …
- njcourts.gov… 2 Defendant Earl L. Kelly appeals from a judgment of conviction and sentence imposed following a jury trial at … brief, defendant makes the following arguments on appeal: POINT I AS THIS COURT HELD IN STATE V. JENKINS, 234 N.J. … 542 U.S. 600 (2004) and State v. O'Neill, 193 N.J. 148 (2007). f. Under the Totality of the Circumstances, …
- STATE OF NEW JERSEY VS. EARL L. KELLY (22-03-0145, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2 Defendant Earl L. Kelly appeals from a judgment of conviction and sentence imposed following a jury trial at … brief, defendant makes the following arguments on appeal: POINT I AS THIS COURT HELD IN STATE V. JENKINS, 234 N.J. … 542 U.S. 600 (2004) and State v. O'Neill, 193 N.J. 148 (2007). f. Under the Totality of the Circumstances, …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his property. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … . exceptions . . . .'" State v. Elders, 192 N.J. 224, 246 (2007) (quoting State v. Pineiro, 181 N.J. 13, 19-20 (2004)). …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following arguments for our consideration: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION … of validity . . . ." [State v. Francis, 191 N.J. 571, 587 (2007)]. [Tucker, 473 N.J. Super. at 344-45 (first alteration …
- njcourts.gov… cause for appellants (Dasti, Murphy, McGuckin, McNichols, Connors, Anthony & Buckley, attorneys; Gregory P. McGuckin, … property values of South Seaside Park. The judge further pointed out that if South Seaside were annexed by the … Thompson v. City of Atlantic City, 190 N.J. 359, 364 (2007))). Township Administrator Camera also crossed the line …
- STATE OF NEW JERSEY VS. TROY C. DEMBY (18-05-0749, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … counsel articulates the following arguments: 8 A-2571-20 POINT I THE STATE'S FAILURE TO PROVIDE HANDWRITTEN NOTES … (2018) (quoting State v. Wakefield, 190 N.J. 397, 437-38 (2007)). Prosecutors "are afforded considerable leeway in …
- STATE OF NEW JERSEY VS. CURTIS W. MILLER (19-02-0402, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Street, he stopped in the middle of the street at which point Miller got out wearing a black ski mask and wielding a … 360, 374–76 (2017); State v. Elders, 192 N.J. 224, 244–45 (2007). Based on its review of the video, the trial court …
- STATE OF NEW JERSEY VS. ERIC S. SMITH, JR. (16-11-0181, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … did so from approximately 1:45 p.m. to 3:25 p.m., at which point they submitted a second note to the court, … enjoy." Ibid. (quoting State v. Elders, 192 N.J. 224, 244 (2007)). We therefore may reverse only when the trial court's …
- njcourts.gov… STATE OF NEW JERSEY, 1 These are back-to-back post-conviction relief (PCR) petitions consolidated for the … Baker could have raised this conflict issue at any point prior to, during or after trial. He did not raise it … In State v. McCann, 391 N.J. Super. 542, 543 (App. Div. 2007), the municipal court judge who issued the search …
- STATE OF NEW JERSEY VS. LUIS ALMONTE (16-07-0112, 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 … now appeals from his convictions raising the following points for our consideration: POINT I[1] 1 We condensed … 409 (2012) (quoting State v. Wakefield, 190 N.J. 397, 457 (2007)). When reviewing a prosecutor's summation, we consider …
- njcourts.gov… on April 10, 2019, under A-3385-19. After the appeals were consolidated, plaintiff failed to timely file a brief. His … raises the following issues for our consideration: POINT I THE FAMILY COURT ABUSED ITS DISCRETION IN ORDERING … Envtl. Prot. v. Kafil, 395 N.J. Super. 597, 601 (App. Div. 2007)). A trial judge's decision to grant or deny a motion …