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… A-1741-22 2 Defendant K.H. appeals from his jury trial convictions for aggravated sexual assault and burglary. He … Defendant shook his head no and said "uh-uh." He at no point asks for counsel in the video. However, for reasons we … court cannot enjoy." State v. Elders, 192 N.J. 224, 243 (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 ." … The construction activity caused the van pool drop-off point to move to the E&O building. Gould reported that using … of Sheriff of Cnty. of Gloucester, 191 N.J. 323, 327 (2007). "If an employer reasonably determines that an …
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… from a July 10, 2023 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He … 2C:24-4 violated the First Amendment. After counsel was appointed, defendant filed a supplemental brief raising three … have been successful. State v. O'Neal, 190 N.J. 601, 619 (2007). "It is not ineffective assistance of counsel for …
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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 … to the trunk, where he found a duffle bag containing hollow point bullets. No marijuana was recovered from the car, … 609 (2021) (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 ." … appeal follows. Defendant raises the following arguments. POINT I BECAUSE THE SUPPORTING AFFIDAVITS, WHICH WERE BASED … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). We defer "to those findings of the trial judge which …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and instructed him to review it and schedule an appointment. Rather than follow his attorney's advice, … such agreements.'" Pacifico v. Pacifico, 190 N.J. 258, 266 (2007) (quoting Guglielmo v. Guglielmo, 253 N.J. Super. 531, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … three, six and nine). On appeal, he argues: [POINT I] V.H. AND J.M. SHOULD NOT HAVE BEEN PERMITTED TO … Jury Charges (Criminal), "Fresh Complaint" (rev. Feb. 5, 2007). Thus, because fresh-complaint testimony "does not …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … A-4013-17T3 gonna follow rules?" Moments later, defendant pointed out to the court, "I never said I was gonna follow … Purnell, 394 N.J. 30 A-4013-17T3 Super. 28, 47 (App. Div. 2007); State v. M.J.K., 369 N.J. Super. 532, 547 (App. Div. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (count four); fourth-degree aggravated assault by pointing a firearm, N.J.S.A. 2C:12-1(b)(4) (count nine); … is prejudicial. See State v. Figueroa, 190 N.J. 219, 246 (2007). As part of its final charge to the jury, the court …
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… Matthew A. Luber, of counsel and on the briefs). Brown & Connery, LLP, attorneys for respondents (Christine P. … job duties included scheduling and canceling patient appointments, taking vital signs of patients, calling in … Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 373 (2007)); see Melick v. Twp. of Oxford, 294 N.J. Super. 386, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … drive the length of the aggregate sentence. Ibid. The Court pointed out that in Yarbough, it had adopted criteria to … a cross-appeal. See State v. Elkwisni, 190 N.J. 169, 175 (2007) (refusing to consider issue raised by State because it …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … when he caught her stealing food from the kitchen. He pointed to the "blue sheet" and asked what she was going to … the judge's instruction. State v. Burns, 192 N.J. 312, 335 (2007). As noted previously, the jury found defendant guilty …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … indictment. He offers the following arguments on appeal: POINT I [DEFENDANT'S] STATEMENTS SHOULD BE SUPPRESSED AND A … A-5935-17 correction.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … investigations, as the driver of the Kia Optima. At one point, defendant made a left turn onto Atlantic Avenue. … 337-38 (2010) (quoting State v. Elders, 192 N.J. 224, 246 (2007)). One such exception is when evidence of a crime or …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … which [d]efendant either was later also wearing at some point or was found to be in possession of. The … State v. Davis, 390 N.J. Super. 573, 591 (App. Div. 2007) (citing State v. Chenique-Puey, 145 N.J. 334, 341 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a tenth of a mile, "in some cases, in 12 A-3742-18 pinpointing the location of a phone." He went on to testify … N.J. at 409 (citing State v. Elders, 192 N.J. 224, 243-44 (2007)). Moreover, appellate courts defer to a trial judge's …
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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 … description of the suspects was two Black males so at that point I decided to issue a motor vehicle stop on the second … 609 (2021) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). This Court defers to those findings in recognition …
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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 … description of the suspects was two Black males so at that point I decided to issue a motor vehicle stop on the second … 609 (2021) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). This Court defers to those findings in recognition …
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… A.A. responded, “because they jumped us last week.” At that point, A.A.’s mother began to cry and left the room. 2 … 331 (1982)); accord State v. O’Neill, 193 N.J. 148, 175-76 (2007). The privilege has also been codified by statute and … of panic. He needs someone on whom to lean lest the overpowering presence of the law, as he knows it, may not crush …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … his penis until he ejaculated. And at times, it got to the point where I would just keep on crying and he would hit me … 528 (2015) (quoting State v. Farrad, 164 N.J. 247, 266 (2007)). We decline to mold the verdict. The State has not …