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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rejected this argument, finding it meritless. Id. at 20. In 2007, Smith filed a petition for post-conviction relief … v. Alabama, 567 U.S. 460 (2012). Defense counsel was appointed to represent him. Smith claimed his sentence was …
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… Public Defender, of counsel and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … all of defendant's arguments and affirm. As detailed in point VI, however, we note an inconsistency between … South Brunswick, a black 2008 Mercedes Benz C300, a white 2007 BMW 6 Series, defendant, and his eventual codefendant …
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… open. S.S. took Officer Evans inside defendant's room and "pointed out directly where the shotgun was" underneath 7 … (quoting State v. Elders, 192 N.J. 224, 10 A-2336-19 243 (2007)). So too a trial judge's credibility determinations … S.S. provided. 13 A-2336-19 Indeed, the PDVA explicitly empowers a judge to issue not only a temporary restraining …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … counsel were ineffective. On appeal, defendant argues: POINT I DEFENDANT'S PCR PETITION IS NOT PROCEDURALLY BARRED. … State v. Gaither, 396 N.J. Super. 508, 515 (App. Div. 2007). Instead, appellate counsel is afforded the discretion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to a violation of her civil rights under the New Jersey Constitution or the United States Constitution. … her expert opined the MCJDC officers abused their power in violation of New Jersey law and, therefore, she was …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … pertaining to a field inquiry or investigatory stop, in connection with his defense of multiple defendants in the … to file an OPRA complaint. We held counsel had "the power to act under implied authority," id. at 210, because …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … decision was based upon facts within the record and was consistent with relevant law, we affirm. I. Seiderman was … explaining its reasons for doing so. 6 A-0885-17T3 The power to grant an adjournment for a hearing rests solely …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … has meaning and is not mere surplusage." Jersey Cent. Power & Light Co. v. Melcar Utility Co., 212 N.J. 576, 587 … a vast array of rights, including the ability to appoint a majority representative to represent their interests …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … plaintiff's New York address. The State Farm policy also contained an "important notice" regarding the insurance rate … laws. First, it "gives the uninsured driver a very powerful incentive to comply with the compulsory insurance …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … King Plaza LLC (SK Plaza). SK Plaza owned a strip mall, consisting of several different stores, located in Middlesex … or regulatory authority within an agency's rulemaking powers, lacks the force of law. See In re N.J.A.C. 7:1B-1.1, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … August 2019, plaintiff filed for divorce, but the parties continued to live together until August 2020. On July 29, … and to demonstrate to her that he could still exert power and control over her and the parties' property. The …
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… development of a state university's property that was confined to its campus. In this dispute, we are asked to … whether those limits apply to a state university's construction of a roadway that intersects with a county … permitted to exercise certain "governmentally autonomous powers." Rutgers, supra, 60 N.J. at 158; see also N.J.S.A. …
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… court was delivered by FISHER, P.J.A.D. In this appeal, we consider a municipal clerk's determination that plaintiffs' … acted arbitrarily and capriciously. Among other things, we conclude it was unreasonable, because of the limiting … but we recognized a clerk has "the discretionary power to adopt any rational means of performing [this] duty, …
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… the parties' incapacitated son, A.S.E. (Adam); and (2) appoint Greg 1 We use initials and pseudonyms to protect the confidentiality of the parties pursuant to Rules 1:38-3(e) … guardianship proceedings is derived from its parens patriae power. See In Re Grady, 85 N.J. 235, 239 (1981). Under the …
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… Division, Burlington County, Docket No. L-2455-20. Lisa R. Considine argued the cause for appellant (DiSabato & Considine LLC, Law Office of Edward Hanratty, and Schmierer … a contract with SolarCity Corporation by which he purchased power produced by a solar panel system SolarCity installed …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … at Block 5101, Lot 18. The initial agreement 3 A-2483-21 contemplated a 300-unit development, with sixty affordable … the promotion, preservation, and maintenance of the state’s power grid. The parties agree PSE&G is a "public utility" …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … further directed that a portion of her said bequest shall consist of the devise of my house, realty, and furniture and … ("As a general rule, courts exercising their equitable powers are charged with formulating fair and practical …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … injuries. Plaintiff alleged she tripped due to a defective condition of the sidewalk - uneven brick pavers caused by … failing to take such measures as were within its power and duty to protect its invitees from reasonably …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of Adjustment (Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors, attorneys; Christopher J. Dasti, of counsel and on … that the Board did not usurp the Township's zoning power by granting defendant's application. As noted above, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … would have had against the third person, and shall constitute a bar to any further claim or action by the … the employer nor his insurance carrier has the right or power to institute proceedings against the third-party …