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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … In A-2442-22, Atkinson presents the following arguments: POINT I DEFENDANT PRESENTED A PRIMA FACIE CASE OF … have been successful. State v. O'Neal, 190 N.J. 601, 619 (2007) (holding it is "not ineffective assistance of counsel …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … up with a satchel bag in his left hand. Officer Maurer pointed to the bag and asked 6 A-2043-22 defendant if it was … State v. 10 A-2043-22 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." Although … began choking her again with "[a] lot of strength" to the point that she had difficulty breathing. H.D. then grabbed … of his defense." State v. Wakefield, 190 N.J. 397, 438 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2C:43-3.1. 3 A-3518-14T4 On appeal defendant argues: POINT I A DEFECTIVE SELF-DEFENSE JURY CHARGE LIKELY LED THE … Kareem's attack. State v. Brown, 190 N.J. 144, 158-59 (2007). Defendant recognized this himself when he told the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … said a family friend who had lived with the Keoghs at a point in the past was shot outside the carriage house behind … must be examined.'" State v. O'Neal, 190 N.J. 601, 622 (2007) (quoting State v. Godfrey, 131 N.J. Super. 168, 175–77 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … oral argument and somehow Mr. Tobin doesn't appear. At some point the plaintiff and plaintiff's counsel are entitled to … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). Here, defendants contest the summary judgment …
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… and future revenues, (e) the availability of sufficient manpower in the several professional disciplines, and (f) such … Nursing Home, the Department scored the applications on a point system similar to that used here and denied an … from relevant factors. In re Herrmann, 192 N.J. 19, 28 (2007); Bergen Pines Cty. Hosp. v. N.J. Dep't of Human …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2018. This appeal followed. On appeal, defendant argues: POINT I THE PCR COURT ERRED IN CONCLUDING THAT THE LANGUAGE … United States v. Meiners, 485 F.3d 1211, 1213 (9th Cir. 2007); In re Registrant J.W., 410 N.J. Super. 125, 140 (App. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appealing the Title Nine finding against him. 3 A-0364-20 POINT I REVERSAL OF THE TRIAL COURT'S ABUSE AND NEGLECT … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007)). We defer to the Family Part's factual findings …
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… FONG S. LIN, Plaintiff-Appellant, v. MORRIS COUNTY CONSTRUCTION BOARD OF APPEALS and BOROUGH OF MADISON, … of the relevant factors. [In re Herrmann, 192 N.J. 19, 28 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 … established case law 3 Plaintiff challenges this finding, pointing to hammer testing he purportedly conducted and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007). We must "consider whether the competent evidential … allege[d] she fell," O'Brien denied any existed. At some point during the exchange regarding the various 1 The fall …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … LaCouture. After defendant was offered and declined an appointment, Dr. LaCouture could not move forward with … Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007)). "Discretionary determinations, supported by the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … for a case management conference on May 19, 2021. At this point, defendants were unrepresented. The court entered a … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). On appeal, defendants argue the motion judge should …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … There's -- there's just nothing that anyone was able to point to in this case that shows negligence for which one … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), overruled in part on other grounds by Wilson by …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to maintain employment, and health issues. The doctors then pointed out that those stressors caused appellant to violate … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). When a trial judge's findings are supported by …
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… Counsel, on the briefs). 1 We have changed the caption to conform to defendant's judgment of conviction, which states … for post-conviction relief (PCR). We affirm. I. In June 2007, defendant was charged in a multi-count indictment with … sentencing purposes, and counsel's failure to argue this point at sentencing was not reasonable. He contends there …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … found in Rule 4:9-1. Prime Acct. Dep't. v. Twp. of Carney's Point, 212 N.J. 493, 511 (2013); Rosario v. Marco Const. and … cause delay." Cutler, 390 N.J. Super. 238, 257 (App. Div. 2007) (holding that the trial court's denial of plaintiff's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following arguments for our consideration: POINT I THE LAW DIVISION'S DISMISSAL OF LAUMAR'S CLAIMS … Ahammed v. Logandro, 394 N.J. Super. 179, 190 (App. Div. 2007)). Thus, the WCA "accomplished a 'historic trade-off …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (PCR) petition without an evidentiary hearing arguing: POINT I THE PCR COURT ABUSED ITS DISCRETION BY: 1. DENYING … Law. State v. J.J., 397 N.J. Super. 91, 99 (App. Div. 2007). As the trial court previously explained to defendant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … April 16, 2018. However, on April 17, 2018, defendant's appointed counsel and newly retained counsel filed a joint … 32-33 (2016) (citing State v. Elders, 192 N.J. 224, 243-44 (2007)). Our deference to the trial court's factual findings …