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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … process that would span another five years. Defendant was appointed counsel, who (1) sent the State a letter dated … State v. Turner, 976 So.2d 508, 511 (Ala. Crim. App. 2007)). Here, the PCR judge posited that the issues …
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… evidence and a May 30, 2024 order denying his motion for reconsideration. This case presents a novel constitutional … raises the following contentions for our consideration: POINT I The [m]otion [j]udge erred in his restrictive … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)); see also State v. A.M., 237 N.J. 384, 395 (2019). We …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … told Echavarria she was sad because she had been "disappointed in love" with Rodriguez. Defendant, who did not … 293-94 (2011); State v. Williams, 190 N.J. 114, 124-25 (2007). Defendant's post- murder conduct aimed at concealing …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … previous abuse. On appeal, defendant raises the following points for our consideration: POINT I THE ADMISSION OF … a fact in issue.'" State v. Williams, 190 N.J. 114, 123 (2007) (quoting Furst v. Einstein Moomjy, Inc., 182 N.J. 1, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … while plaintiff believed it to be "upper middle class," pointing out the family vacationed often, dined at … at 45-46 (quoting Pacifico v. Pacifico, 190 N.J. 258, 266 (2007)). While such agreements, which are, after all, the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … return to court. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT'S … was defendant's second trial on charges stemming from a 2007 aggravated sexual assault. See State v. Pena, No. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … as originally designated in the indictment. 11 A-4443-16T4 POINT I THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT … State v. Burns, 192 N.J. 312, 341 30 A-4443-16T4 (2007); see also R. 2:10-2. In the context of a jury charge, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … him, he filed this appeal raising the following issues: POINT I DEFENDANT'S CONVICTION MUST BE REVERSED, BECAUSE THE … 52:4B-36(o); see State v. Means, 191 N.J. 610, 618 (2007); accord State v. Kraft, 265 N.J. Super. 106, 111 (App. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … assaulted her in the City of Bridgeton between June 17, 2007 and June 16, 2008 when she was between eight and nine … that correct? A. Not at that time, no. Q. Was there ever a point in time where you interviewed her again and got more …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … targets of the shootings. On appeal, defendant argues: POINT I 3 A-5491-16T1 THE TRIAL COURT'S DENIAL OF … must be reversed.'" State v. Lykes, 192 N.J. 519, 537 (2007) (quoting State v. Parsons, 270 N.J. Super. 213, 224-25 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Treatment Fund (SCVTF) penalty. He argues the following points: Point I: DEFENDANT WAS DENIED HIS RIGHTS TO DUE … U.S. 929 (1993). [State v. Wakefield, 190 N.J. 397, 537 (2007) (second and third alterations in original) (quoting …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … from his conviction and sentence, arguing the following points: POINT I DEFENDANT'S MOTION TO SUPPRESS HIS … of a child, with separate counts as to each victim during 2007 through 2010, and separate counts as to the older child …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … DEFENDANT WAS BASELESS, 1 We have reorganized defendant's point headings to reflect the order in which we discuss each … 389 (2008) (quoting State v. Williams, 190 N.J. 114, 131 (2007)). 25 A-2811-19 The third prong requires clear and …
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… guilty of possessing cocaine with intent to distribute and conspiring to do so, both second- degree offenses. N.J.S.A. … on the conspiracy charge. Defendant raises the following points on appeal: POINT I THE JUDGE FAILED TO QUALIFY FOX AS … also United States v. Wilson, 484 F.3d 267, 278 (4th Cir. 2007) (noting that portions of an expert opinion went beyond …
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… issues of legal duty and tort liability in a drunk driving context. The issues concern whether a volunteer who assures … Gonzalez, told Gallo he was from Bergenfield.3 At this point, a second patrol vehicle arrived and stopped next to … also Podias v. Mairs, 394 N.J. Super. 338, 347 (App. Div. 2007) (adopting § 324 and stating: "So too, at common law, …
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… the State and federal equal protection guarantees, N.J. Const. art. I, § 1, and U.S. Const. amend. XIV, § 1, the … excluded." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 549 (2007). "Until the 1990's, local phone service was thought to … loop," connecting "the thousands (or millions) of terminal points in individual houses and businesses" to the aspiring …
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… Defendant Terrance L. Johnson appeals from his guilty plea convictions for unlawful possession of controlled dangerous … police to enter a lawfully stopped vehicle to conduct a pinpointed search for a paper registration certificate if the … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[] to those findings in recognition of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … He raises the following contentions for our consideration: POINT I THE TRIAL COURT ERRED IN DENYING [DEFENDANT]'S … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[] to those findings in recognition of the …
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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 arguments: POINT I THE MOTION COURT ERRED IN ADMITTING [DEFENDANT]'S … in the record." State v. Elders, 192 N.J. 224, 243 (2007). We "should give deference to those findings of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … serving. In his initial merits brief, defendant argues: POINT I ERRORS IN THE JURY CHARGES ON HINDERING APPREHENSION … 384, 395 (2019) (quoting State v. Elders, 192 N.J. 224 (2007)). We review a trial court's legal conclusions de novo. …