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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following contentions for our consideration: POINT I REVERSAL IS REQUIRED BECAUSE THE TRIAL COURT … of a fair trial." State v. Wakefield, 190 N.J. 397, 437-38 (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 ." … got three, I'm sure, beautiful children right now. At some point you wanna be back in their life, and either way you … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… 5, 2024 APPELLATE DIVISION A-1087-22 2 In this appeal we consider the circumstances in which a police officer may … mobile video recorder (dashcam) was not activated at this point in the encounter. It was subsequently activated and … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[] to those findings in recognition of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and "panties." Detective Vargas asked defendant, "[a]t what point did you stop?" Defendant responded: "Uh, only, just, … N.J. at 409 (citing State v. Elders, 192 N.J. 224, 243-44 (2007)). This is "because 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 … resumed their relationship before terminating it again in 2007. The Family Part permitted defendant to have visitation … On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S …
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… been attending—came outside to see what happened. At some point, defendant's friend left the scene before police … Unlike in Zalcberg, police did not have to divert manpower from managing the accident scene to attend to … 374 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). Deference is 25 A-1354-18T2 required even if the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … told Moore he was not aware of any such issue. At some point thereafter, Moore notified plaintiff that fentanyl was … Church v. Lawson-Bell, 394 N.J. Super. 159, 166 (App. Div. 2007). Further, a "motion for summary judgment is not …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT'S EXCLUSION OF THE VIDEO OF THE … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "A trial court's findings should be disturbed only …
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… on a claim of ineffective assistance of counsel. Because we conclude the court must hold an evidentiary hearing on … while Lockhart slipped back onto the porch. Defendant pointed the gun at Lombardo while Kamara rifled Lombardo's … Div. of Youth & Family Servs. v. B.R., 192 N.J. 301, 311 (2007). A-3436-16T3 19 conviction relief to raise an …
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… (American Civil Liberties Union of New Jersey and Rutgers Constitutional Rights Clinic, attorneys; Alexander Shalom … against the other. The record indicates the victim at one point "really thought" the man who attempted to steal her … State v. Emmons, 397 N.J. Super. 112, 124 (App. Div. 2007)). It "is well settled that '[a] criminal statute is …
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… (American Civil Liberties Union of New Jersey and Rutgers Constitutional Rights Clinic, attorneys; Alexander Shalom … against the other. The record indicates the victim at one point "really thought" the man who attempted to steal her … State v. Emmons, 397 N.J. Super. 112, 124 (App. Div. 2007)). It "is well settled that '[a] criminal statute is …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … because it informs our decision, we summarize the salient points. 3 A-0072-19 W.M. was convicted by a jury of the … State v. Mitchell, 102 N.J. 362 (1985). In December 2007, twenty-four years and eleven months after his …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … into the car. No testimony, however, was elicited on that point. 6 well as his testimony placed Hannah in the front … was lost during a lockdown at Trenton State Prison. In 2007, the Hudson County Prosecutor’s Office forwarded to …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … the window 5 and yell, “help, I’m hit, I’m hit.” At that point, M.C., who was in another room, yelled out to … is not warranted.” State v. Samuels, 189 N.J. 236, 246 (2007) (alterations in original) (internal citations and …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … babysat Brianna and Sharie -- had touched her “down there,” pointing to her vagina. Sharie told her mother that he did … discretion standard.” Brenman v. Demello, 191 N.J. 18, 31 (2007). A trial court’s “discretion is abused when relevant …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … legal process,” throughout his career. The court further pointed to other investigatory failings or shortcomings, … the Fourth Amendment.” State v. O’Hagen, 189 N.J. 140, 149 (2007) (quoting Skinner v. Ry. Labor Execs.’ Ass’n, 489 U.S. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and fourteen bullets in the magazine, including two hollow-point bullets. Neither defendant nor Muniz had a permit for … reasonable doubt. State v. Wakefield, 190 N.J. 397, 469-70 (2007). Moreover, the court repeatedly told the jury to …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … left defendant shackled for over two hours. At one point she asked why she could not get a lawyer, and the … U.S. 471, 485 (1963); State v. Lee, 190 N.J. 270, 277-78 (2007) (“Pursuant to the exclusionary rule, the State may not …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … a detainee, Chrisman and Bruzzese are not directly on point. (pp 11- 13) 4. Both the Federal and New Jersey State … is restricted.” State v. Elders, 192 N.J. 224, 246 (2007). Further, a detainee may be subjected to the “invasion …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … podium, had reported that two black males robbed him at gunpoint in a room on the 70th floor. Officer Armstrong did not … to 14 deference. State v. Elders, 192 N.J. 224, 244 (2007). We must uphold a trial court’s factual findings at a …