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A-1620-23 Briefs
Briefs
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… December 04, 2024, A-001620-23, AMENDED i TABLE OF CONTENTS Page Table of Contents . . . . . . . . . . . . . . … In re Carter, 191 N.J. 474, 482 (2007) … not himself sure when it became required. (T 22:1). At some point, Mr. Rivera got his own bailbonds license. (T 21:21). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … monthly payments of $1,875 until December 2020, at which point defendant stopped making payments. On June 15, 2021, … Ibid. (citing Pacifico v. Pacifico, 190 N.J. 258, 266 (2007)). "Thus, when the intent of the parties is plain and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the phrase she was "married to the Lord."3 At another point during direct examination, A.W.—in response to the … State v. Gaither, 396 N.J. Super. 508, 515 (App. Div. 2007) (citing Jones v. Barnes, 463 U.S. 745, 753-54 (1983)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of two counts arising from defendant possessing a gun and pointing it at a person on a public street. We affirm. I. At … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (quoting State v. Rodriguez, 172 N.J. 117, 126 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant appealed, and now makes the following arguments: POINT I THE OFFICER’S REQUEST, WITHOUT A HEIGHTENED … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). An appellate court gives deference to those factual …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following issues for our consideration: POINT I THE PCR COURT ERRED BY PROCEDURALLY BARRING … credibility. See State v. Burns, 192 N.J. 312, 335 (2007). 16 A-0319-22 The PCR court stated, and we agree, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … shared with me a number of things that he believes would point to his innocence and many of 7 A-3104-21 those would … State v. J.J., 397 N.J. Super. 91, 98 (App. Div. 2007) (quoting State v. Howard, 110 N.J. 113, 122 (1988)); …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … claims. II. On appeal, defendant raises the following points: POINT I THE TRIAL COURT ERRED IN ITS DETERMINATION … Grubbs v. Slothower, 389 N.J. Super. 377, 388 (App. Div. 2007). Instead, 11 A-0034-22 the applicant need only show …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … but crashed into a parked car. Otis then exited the car, pointed a handgun in the direction of Rosa Parks Boulevard, … Super. at 469 (citing State v. O'Neal, 190 N.J. 601, 619 (2007)). We agree with the PCR court that trial counsel's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … contentions for our consideration in his merits brief: POINT I THE SURVEILLANCE FOOTAGE MUST BE SUPPRESSED BECAUSE … 526 (2022) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We defer to the trial court's findings in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … described their testimony as "straightforward and to the point." According to the judge, the "[f]acts set forth in … of Youth & Family Servs. v. M.M., 189 N.J. 261, 278-79 (2007). Because the family court has "the opportunity to make …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … no "threats or promises were made to [d]efendant at any point during the interview." The judge noted the short … time of the incident"; and in State v. Nayee, 192 N.J. 475 (2007), the Supreme Court summarily remanded the case "solely …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … know what they are. DETECTIVE: Okay. DEFENDANT: There's no point. DETECTIVE: Okay. The waiver of rights is at the … motion . . . ." State v. O'Neal, 190 N.J. 601, 619 (2007). Miranda requires that criminal suspects subject to …
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… PER CURIAM Defendant Shariff Robinson appeals from his convictions after a jury trial, contending that the trial … inside. When searching the gun case, he found hollow-point bullets. Several other officers confirmed that they … State v. Davis, 390 N.J. Super. 573, 597 (App. Div. 2007). Because defendant raised the entrapment defense, it …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the screener's recommendation. Specifically, plaintiff pointed to N.J.S.A. 30:4-27.1 to -27.5 and Rule 4:74-7. The … reach that issue. See Shim v. Rutgers, 191 N.J. 374, 378 (2007); State v. Williams, 444 N.J. Super. 603, 617 (App. …
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… Bruce D. Sterling appeals from a May 5, 2015 judgment of conviction entered after his second jury trial. The NOT FOR … (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant argues: POINT I THE TRIAL COURT'S FAILURE TO FOLLOW THE APPELLATE … In-Court and Out- Of-Court Identifications" (2007).] We agree with defendant that this would have been an …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … In her appeal, defendant Silva raises the following single point for our consideration: DEFENDANT SHOULD BE ADMITTED … State v. Watkins, 390 N.J. Super. 302, 305-06 (App. Div. 2007); and then quoting Wallace, 146 N.J. at 582-83). In …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … In a supplemental verified petition prepared after the appointment of PCR counsel, defendant specifically alleged the … ourselves. See State v. Elders, 192 N.J. 224, 244 (2007) ("An appellate court 'should give deference to those …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Given our disposition, we need not reach the additional point defendant raises.1 I. We discern the following facts … State v. Conklin, 394 N.J. Super. 408, 412-13 (App. Div. 2007). "Proof of terroristic threats . . . [is] measured by …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant struck him in the face with a hard object and pointed a gun at the ground. The gun discharged and a bullet … the bag."). We disagree. In State v. O'Neill, 193 N.J.148 (2007), our Supreme Court addressed an interrogation …