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… STATE OF NEW JERSEY, 1 These are back-to-back post-conviction relief (PCR) petitions consolidated for the … Baker could have raised this conflict issue at any point prior to, during or after trial. He did not raise it … In State v. McCann, 391 N.J. Super. 542, 543 (App. Div. 2007), the municipal court judge who issued the search …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … supplemental brief. PER CURIAM A victim was robbed at knife-point by two men after responding to a Craigslist … 404(b) disputes." State v. Williams, 190 N.J. 114, 131 (2007). Once evidence is found to be admissible, "the court …
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… on April 10, 2019, under A-3385-19. After the appeals were consolidated, plaintiff failed to timely file a brief. His … raises the following issues for our consideration: POINT I THE FAMILY COURT ABUSED ITS DISCRETION IN ORDERING … Envtl. Prot. v. Kafil, 395 N.J. Super. 597, 601 (App. Div. 2007)). A trial judge's decision to grant or deny a motion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … now appeals from his convictions raising the following points for our consideration: POINT I[1] 1 We condensed … 409 (2012) (quoting State v. Wakefield, 190 N.J. 397, 457 (2007)). When reviewing a prosecutor's summation, we consider …
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… agreement with the State through which he pled guilty to second degree possession of cocaine with intent to distribute, … the vicinity of defendant's apartment, but was unable to pinpoint its source. The officers decided to leave and return … and correction." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … approach to encompass all claims . . . . The judge also pointed out that plaintiffs "admitted today, and [during] … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), overruled on other grounds by Wilson ex rel. Manzano …
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… 2 Defendant Earl L. Kelly appeals from a judgment of conviction and sentence imposed following a jury trial at … brief, defendant makes the following arguments on appeal: POINT I AS THIS COURT HELD IN STATE V. JENKINS, 234 N.J. … 542 U.S. 600 (2004) and State v. O'Neill, 193 N.J. 148 (2007). f. Under the Totality of the Circumstances, …
njcourts.gov
… 2 Defendant Earl L. Kelly appeals from a judgment of conviction and sentence imposed following a jury trial at … brief, defendant makes the following arguments on appeal: POINT I AS THIS COURT HELD IN STATE V. JENKINS, 234 N.J. … 542 U.S. 600 (2004) and State v. O'Neill, 193 N.J. 148 (2007). f. Under the Totality of the Circumstances, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his property. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … . exceptions . . . .'" State v. Elders, 192 N.J. 224, 246 (2007) (quoting State v. Pineiro, 181 N.J. 13, 19-20 (2004)). …
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A-0952-23 Briefs
Briefs
njcourts.gov
… Division, April 01, 2024, A-000952-23, AMENDED TABLE OF CONTENTS TABLE OF CONTENTS … 7 POINT HEADINGS I. PLAINTIFF'S CLAIMS ARE NOT TIME-BARRED … April 01, 2024, A-000952-23, AMENDED LEGAL ARGUMENT POINT I PLAINTIFF'S CLAIMS ARE NOT TIME-BARRED {T8) … On the Brief: Tracy L. Lucas, Esq. (Attorney ID #006892007) AMENDEDFILED, Clerk of the Appellate Division, May 07, …
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A-0692-22 Briefs
Briefs
njcourts.gov
… ACTION Plaintiff-Respondent, : On Appeal From A Judgment Of Conviction Entered In v. : The Superior Court, Law Division, … POINT I DEFENDANT’S CONVICTIONS MUST BE REVERSED BECAUSE THE … POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY FAILING TO … State v. O’Neill, 193 N.J. 148 (2007) …
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A-0506-23 Briefs
Briefs
njcourts.gov
… Division, April 15, 2024, A-000506-23, AMENDED i TABLE OF CONTENTS TABLE OF JUDGMENTS, ORDERS, AND RULINGS APPEALED … 18 POINT I - The Pre-Answer Motions To Dismiss Should Have Been … Appellate Division, April 15, 2024, A-000506-23, AMENDED ii POINT II - The PSA Gave Plaintiff A Right To Demand Specific …
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A-1736-24 Briefs
Briefs
njcourts.gov
… Division, June 27, 2025, A-001736-24, AMENDED Tale of Contents Table of Authorities - (Page - 2) Table of … Legal Argument (Pages 9-18) • Standard of Review (Page 9) • Point One (Pages 10-14) The court committed a reversible … Humane Societies, Inc., 396 N.J. Super. 582 (App. Div. 2007) .................................................. 13, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … or indirectly, 4 A-0653-21 either personally or by proxy or power of attorney, in any property, cash, stocks, bonds, … larger award in addition to having greater earning power. She also contends that given defendant's failure to …
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… NO. A-3176-17T3 JOANNE N. YUHASZ, individually, and as Power of Attorney for DIANA S. YUHASZ, (a Ninety-Five (95) … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … factual inferences. See ibid. II. In 1998, plaintiff was appointed as her mother, Diana S. Yuhasz's, power- …
njcourts.gov
… Select violated various federal regulations governing the conduct of mortgage loan servicers. The Oliveros allege that … N.J. Super. 123, 125 n.2 (App. Div. 1974). Yet, the court’s power is limited. In taking judicial notice of court … 1024.41. The regulation expressly grants borrowers the power to enforce. 12 C.F.R. 1024.41(a). MER-L-002283-24 …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 194 N.J. 364, 377-80 (2008). A court "has the inherent power, to be exercised in its sound discretion, to review, … ISU/Ins. Servs. of S.F., 156 N.J. 556, 577 (1999) (quoting Powers v. Standard Oil Co., 98 N.J.L. 730, 732 (Sup. Ct. …
njcourts.gov
… APPELLATE DIVISION 2 A-2564-21 This administrative appeal concerns a State roadway project's alteration of a … "[e]very driveway on a [S]tate highway creates a conflict point with entering and exiting vehicles onto the highway … the relevant factors." In re Carter, 191 N.J. 474, 482–83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
njcourts.gov
… Prosecutor, argued the cause for appellant (Yolanda Ciccone, Middlesex County APPROVED FOR PUBLICATION August 10, … a 9 mm. Springfield Armory XDS, loaded with seven hollow-point bullets and equipped with a laser sight, under the … N.J. 351, 380 (2016); State v. Francis, 191 N.J. 571, 587 (2007). "[A] court should dismiss [an] indictment 'only on …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the appeal from the fact-finding order. I In his first point, defendant contends that the trial court "effectively … to defendant. See State v. DuBois, 189 N.J. 454, 475 (2007). Importantly, defendant had advice of counsel before …