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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the Taurus. He got out the vehicle, pulled his gun out, and pointed it at the driver's side door of the Taurus. The … been meritorious. See State v. O'Neal, 190 N.J. 601, 619 (2007) ("It is not ineffective assistance of counsel for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … following arguments for our consideration: 8 A-2406-16T3 POINT I THE SEARCH OF THE THIRD PARTY'S HOME TO EXECUTE THE … in the record." State v. Elders, 192 N.J. 224, 243 (2007) (quotations omitted). The “findings of the trial judge …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … complete appellate review of the issues. PCR counsel was appointed and submitted supporting briefs and documentary … 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." Although … on, she laid on her bed and she put the TV on. At that point she said that [Ronald] came into the bedroom and . . . … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting Snyder Realty, Inc. v. BMW of N. Am., Inc., …
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… PER CURIAM Tried by a jury, defendant Keith Evans was convicted of third- degree unlawful possession of heroin, … with intent. Now on appeal, defendant raises the following: POINT I THE PHYSICAL EVIDENCE FROM THE WARRANTLESS … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). Deference is afforded "because the 'findings of the …
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… in front of . . . the doorway with a handgun in his hand pointing it in my direction." Officer Lance shouted "gun" to … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). Deference should be afforded to a trial judge's … serving in a 13 A-3864-17T4 community-caretaking role are empowered to make a warrantless entry into a home under the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the vehicles. That case was dismissed without prejudice in 2007 because defendant's Chapter Eleven bankruptcy filing … that "no part of the money was ever paid back." At some point, defendant "took matters into his own hands and put …
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… in part and denying in part defendant's motion for reconsideration and NOT FOR PUBLICATION WITHOUT THE APPROVAL … Rugs, Inc. v. Ellman, 394 N.J. Super. 278, 285 (App. Div. 2007). However, "[f]indings by the trial judge are … trust be funded by July 6 A-5237-17T1 2017 was at that point impossible, as it was already 2018. After considering …
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… Dee Thomas appeals from a May 27, 2015 judgment of conviction after the entry of a guilty plea. We affirm … of appeal on July 21, 2015. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED BY DENYING … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (citation omitted). We will only disturb the trial …
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… December 22, 2016 – Decided Before Judges Lihotz and O'Connor. On appeal from the New Jersey Department of Labor … regarded the content of Giambri's questions as evidence. We point out the contents of a question are never evidence, a … v. Prudential Ins. Co. of Am., 192 N.J. 110, 121-22 (2007) (citing Marcus v. E. Agric. Ass'n, 58 N.J. Super. 584, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defined by N.J.S.A. 9:6- 8.21(c). The Division specifically pointed to the marijuana abuse and treatment non-compliance … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007)). On the other hand, we accord no deference to the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a motor vehicle stop. More particularly, defendant argues: POINT I BECAUSE THERE WAS NO EXCEPTION TO THE WARRANT … evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). A reviewing court should especially "give deference …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant raises the following arguments: 5 A-3647-15T3 POINT ONE DEFENDANT'S CONVICTIONS MUST BE REVERSED BECAUSE … State v. Gaither, 396 N.J. Super. 508, 515-16 (App. Div. 2007), certif. denied, 194 N.J. 444 (2008). In this case, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … police confiscated the false documents from Donna. At that point, Donna told the investigator that she wanted to go … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 293 (2007)). We owe no deference to the trial court's legal …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Appellants raise the following arguments before us: Point I: The Superior Court Erred as a Matter of Law in … v. Toms River Reg'l Sch., 392 N.J. Super. 80, 87 (App. Div. 2007). "Rule 4:9-1 requires that motions for leave to amend …
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… we reverse the PERS's decision and declare this matter a contested case to be transmitted to the Office of … disability diminish at some time in the future to the point that you could return to employment and thereby comply … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 193 (2007)). An applicant for disability retirement benefits must …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … under two separate indictments. Following his conviction in 2007 by a jury, we reversed the convictions and remanded for … a separate brief raising the following issues on appeal : POINT ONE APPELLANT WAS SUBJECTED TO INEFFECTIVE ASSISTANCE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal follows. Defendant makes the following arguments. POINT I JOINDER OF THE TWO INDICTMENTS FOR TRIAL PREJUDICED … error standard." State v. Wakefield, 190 N.J. 397, 473 (2007). 14 A-0372-17T4 As applied to a jury instruction, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (count six). 3 A-1141-17T3 On appeal, defendant argues: POINT I THE STATEMENT OF DEFENDANT – WHO WAS A JUVENILE – … on appeal. See State v. Elders, 192 N.J. 224, 243-44 (2007). Although his conclusions as to matters of law are not …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Rule 3:9-1(f). On appeal, the State argues the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY … 518, 540 (2013). See State v. Elders, 192 N.J. 224, 244 (2007) ("A trial court's findings should be disturbed only if …