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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … levels of impairment in various functions at those points in time." Dr. Pandina's report does not include an …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … as well. L.C. identified defendant's physical attributes by pointing him out to the jury on the video. She also … at 508 (quoting State v. Wakefield, 190 N.J. 397, 437-38 (2007), cert. denied, 552 U.S. 1146 (2008)). "In reviewing …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … . . . did not admit to having consumed any alcohol at the point of the motor vehicle stop, the officer did observe … 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." Although … to -23. On appeal, defendant raises the following single point for our consideration: POINT I UNDER THE TOTALITY OF … N.J. 1, 15 (2009); State v. Elders, 192 N.J. 224, 243-44 (2007). This standard of review applies even where the motion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … they began questioning defendant at 2:26 a.m. By this point, police knew defendant and Brown-Bailey were in a red … being questioned." State v. O'Neal, 190 N.J. 601, 622 (2007) (quoting Stansbury v. California, 511 U.S. 318, 323 …
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… This appeal followed. Defendant raises the following points on appeal. POINT I - WHERE IDENTIFICATION WAS THE … TRIAL. (Not Raised Below). I. "[A]ppellate courts are empowered, even in the absence of an objection, to acknowledge … intends to prove. State v. Wakefield, 190 N.J. 397, 442 (2007). Prosecutorial misconduct is not a basis for reversal …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Ibid. (citing Pacifico v. Pacifico, 190 N.J. 258, 267 (2007)). A contract is ambiguous if its terms are … circumstances' necessarily entails knowing the starting point before the change, that is, the point from which the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … motion and his sentence, raising the following arguments: POINT ONE THE STATE FAILED TO ADDUCE CLEAR AND CONVINCING … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (citation omitted). Conversely, we review the trial …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Liberty Mut. Ins. Co., 391 N.J. Super. 588, 592 (App. Div. 2007).] 3 A-3924-15T3 AICRA represents the Legislature's … injuries be evaluated at certain intervals called Decision Points. Upon reaching a Decision Point, an insured must …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and J.P.Q. began a romantic relationship in 2006. In June 2007, P.C. was convicted of the murder of his former … raises the following arguments for our consideration. POINT I THE COURT BELOW COMMITTED REVERSIBLE ERROR WHEN IT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2C:43-6(c). Defendant appeals and raises the following points for our consideration: POINT I THE WARRANTLESS ENTRY … 395–96 (2019) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). However, we review the motion judge's legal …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a violation of probation and then he was arrested. At some point, he tested positive for marijuana because smoke had … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007); see Cesare v. Cesare, 154 N.J. 394, 413 (1998) …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … straight out towards the road" beginning around 2006 or 2007 and ending in 2016 and that defendant had never asked … survey shows that the . . . fence encroached at the same point on the rear of plaintiff's property . . . [by] under a …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal followed. Fairways makes the following arguments. POINT I THE LAW DIVISION ERRED BY VIOLATING THE ENTIRE … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007) 15 A-3228-18 (internal quotations omitted)). In …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed. Defendant makes the following arguments: POINT I THE TRIAL COURT COMMITTED ERROR IN FAILING TO ORDER … held." State v. Purnell, 394 N.J. Super. 28, 47 (App. Div. 2007). For a defendant to be found competent to stand trial, …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Al … 24, 2018 judgment of conviction, raising the following points for our consideration: POINT ONE: THE MOTION COURT'S … 360, 374 (2017) (citing State v. Elders, 192 N.J. 224, 248 (2007)). "The governing principle, then, is that '[a] trial …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … [Defendant] will be eligible for parole in 2052, at which point he will be [fifty-nine and one-half] years old. While … Ins. Corp. v. Nowell Amoroso, PA, 189 N.J. 436, 452 (2007) (alteration in original) (quoting R. 2:5-4), and our …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … next to the handgun containing ammunition and one hollow-point bullet, two cell phones, and approximately 55.23 … in the record." State v. Elders, 192 N.J. 224, 243 (2007) (internal quotations omitted). Even if we may have …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … on the couch. After driving defendant to a 5:00 p.m. appointment, defendant and S.L. went to a bar. On the way … court's instructions." State v. Burns, 192 N.J. 312, 335 (2007); see State v. Winter, 96 N.J. 540, 647 (1984). As we …
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… J. Reich, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … decided that motion. In this appeal, defendant argues: POINT I THE TRIAL COURT'S DETERMINATION THAT THE POLICE … N.J. at 425 (quoting State v. Elders, 192 N.J. 224, 244 (2007)). We review a trial court's conclusions of law de …