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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … testified they "didn't have any backup 4 A-3780-23 at that point. There weren't any narcotics detectives in the area." … 188 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). However, legal conclusions drawn from those facts …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the following arguments for our consideration: 11 A-3537-21 POINT I K.W. IS ENTITLED TO A REVERSAL BECAUSE THE TRIAL … Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007)). No deference is given to the trial court's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … brakes to exit the parkway on the right-hand side. At that point, Emili lost control of his Honda. The Honda hit a … 467 (2015) (citing State v. Elders, 192 N.J. 224, 243-44 (2007)). Moreover, deference to a trial court's factual …
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… in oral argument. She joins the opinion with the consent of counsel. R. 2:13-2(b). APPROVED FOR PUBLICATION … instead of turning around and returning to the starting point. During the one-legged-stand test, defendant was … . . . ." State v. Kent, 391 N.J. Super. 352, 384 (App. Div. 2007). III. A. We have carefully reviewed the record, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … what I told you. [DVD 1, Cook; DVD 2, Widman.] At this point, backup arrived. The remaining occupants were removed … (quoting State v. 13 A-3793-18 Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law …
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A-1436-23 Briefs
Briefs
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… Division, July 23, 2024, A-001436-23, AMENDED ii TABLE OF CONTENTS Appeal Brief Page PROCEDURAL HISTORY 1 STATEMENT OF FACTS 1 LEGAL ARGUMENT 4 POINT I - The Court Below Failed to Apply Prevailing Case … U.S.C. 1983); Briggs v. Moore, 251 Fed. Appx. 77 (3rd Cir. 2007) (police department is not a “person” within the …
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… her Rule 4:50-1 application to vacate a December 12, 2006 consent order. We affirm. NOT FOR PUBLICATION WITHOUT THE … child. The judge did not address the issue of alimony in 2007, when other issues were litigated, resulting in, among … 12, 2006; December 20, 2006; 5 A-5066-15T3 February 2, 2007; February 13, 2007; April 25, 2007; and October 24, …
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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 … seizure was valid.” State v. O’Neal, 190 N.J. 601, 611 (2007). By contrast, a defendant bears the burden of proof … prove that the motor vehicle stop was justified. The State points to precedent demonstrating that searches conducted …
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… Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Conscientious Employment Protection Act (CEPA), N.J.S.A. … work "exclusively" for Colgate. A-1602-10T1 6 In November 2007, during the pretrial discovery period, plaintiff moved … 342 N.J. Super. 77, 81-82 (App. Div. 2001)]. The focal point is not necessarily how old or young the plaintiff or …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Church v. Lawson-Bell, 394 N.J. Super. 159, 166 (App. Div. 2007), certif. denied, 203 N.J. 93 (2010). Plaintiff never … his own interlocutory ruling"). However, plaintiff points to no facts that resurrect a material dispute on the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … been filed with the State 14 A-0963-21 of New Jersey." He points out that neither he nor defendant had dissolved the … by Baldi v. Reynes, 396 N.J. Super. 553, 563 (App. Div. 2007)). "Generally, a settlement agreement is governed by …
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… a parent of a child in need of special education services constituted a substantial conflict of interest sufficient to … of rights to assert a claim, potentially, at some point in the future." "Judicial review of agency … support in the record." In re Herrmann, 192 N.J. 19, 27-28 (2007). While "[c]ourts afford an agency 'great deference' in …
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… 1 We use initials and pseudonyms to protect the privacy and confidentiality of these proceedings. R. 1:38-3(d)(1). NOT … decision is limited. In re Herrmann, 192 N.J. 19, 27 (2007). "An administrative agency's final quasi- judicial … supervision on Ann. Moreover, the Assistant Commissioner pointed to the 2016 family agreement, which cleared …
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… other Mantoloking residents submitted comments to the DEP contesting the application. The comments objected to the … more than 750 square feet, cumulatively, since November 5, 2007; 5. The applicant obtains an engineering certification … under N.J.S.A. 52:14B-4(f). B. Appellants' second point—which their counsel declared at oral argument to be …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … guidelines for perioperative practice published in 2007 by the Association of periOperative Registered Nurses … duration and pressure settings for their use. At this point, plaintiff's counsel objected, arguing that the line …
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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, 142 N.J. at 536). A plaintiff has the … three[]-years later are wildly inconsistent, to the point that her competing versions of what happened are …
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… J.S. appeals from a September 6, 2019 order finding he continued to be a sexually-violent predator who must be … occasion he had . . . threatened her at A-0625-19 6 knife point to [fellate] a dog, and said ["]if you don't do it[,] … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). Therefore, we "give deference to the findings of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Street, he stopped in the middle of the street at which point Miller got out wearing a black ski mask and wielding a … 360, 374–76 (2017); State v. Elders, 192 N.J. 224, 244–45 (2007). Based on its review of the video, the trial court …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Justice. 3 A-2566-19 Defendant specifically contends: POINT I DEFENDANT'S STATEMENT TO THE POLICE SHOULD HAVE BEEN … 374 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). Thus, "[a]n appellate court should not disturb a …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … down the stairs from his cell on the second tier. At some point, Brown and Thomas went to the outdoor "rec area." … not applicable. See State v. Williams, 190 N.J. 114, 131 (2007) (holding that the court need not apply prong two where …