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… 14, 2019 – Decided July 29, 2019 Before Judges Simonelli, O'Connor and Whipple. On appeal from the Superior Court of New … On appeal, defendant raises the following contentions: POINT I HAVING DETERMINED THAT A DETECTIVE'S [ASSURANCE] … 425 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). However, we owe no deference 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 ." … contentions for our consideration in his counseled brief: POINT I: THE IDENTIFICATIONS MADE BY MS. CRIBB AND MR. … in the record." State v. Elders, 192 N.J. 224, 243 (2007) (internal quotation marks omitted). If that standard …
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… HRYMOC and TADEUSZ HRYMOC, Plaintiffs-Respondents, v. ETHICON, INC., ETHICON WOMEN'S HEALTH AND UROLOGY, a Division of … the jurors, the punitive damages phase. Aside from this one point of reversal, we affirm the trial court in all other … Neither the 2004 nor the revised IFU brochure issued in 2007 included Arnaud's proposed warning. Although the …
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… expected storms so that "they" would be prepared. At this point in the litigation, we therefore reasonably infer that … by the court. Jerkins v. Anderson, 191 N.J. 285, 294 (2007). The first Hopkins factor—the relationship of the … municipal ordinance enacted pursuant to the statute which empowers municipalities to require landowners or tenants 'to …
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… sweatpants "to keep them up." Nevertheless, defendant overpowered her, pulled her sweatpants down to her ankles, and … stop. Defendant digitally penetrated D.F. again, at which point she managed to lift herself from the couch and … has been satisfied." State v. Williams, 190 N.J. 114, 123 (2007) (describing the standard for such a connection as …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 275 (2019) (citing State v. Wakefield, 190 N.J. 397, 437 (2007)). 16 A-0254-18 The comments by the prosecutor in her … The jury charge was read later that same day, at which point the judge reiterated that the jury "could only use …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). "[A] 'strong presumption of reasonableness attaches'" … apply principles of progressive discipline. As to its first point, the Board asserts that ALJ McGee's conclusion that …
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A-1613-24 Briefs
Briefs
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… BE.16213162.1/ASS081-285521 ASSOCIATION OF CONCERNED CITIZENS OF NEW BRUNSWICK, Appellant, v. CITY OF … VII. The Housing Authority Adopts Resolution 2024-2/28 #3 Appointing NB Plaza As Redeveloper Despite The Housing … (App. Div. 2006), reversed on other grounds, 192 N.J. 344 (2007) …
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A-1414-24 Briefs
Briefs
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… Division, April 28, 2025, A-001414-24, AMENDED II TABLE OF CONTENTS Table of Judgments, Orders and Rulings . . . . . . … April 28, 2025, A-001414-24, AMENDED 11 LEGAL ARGUMENT POINT I THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR BY … Auth. v. Artaki, LLC, 392 N.J. Super. 141, 149 App. Div. 2007)). Here, there was no rational explanation for the …
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A-2310-22 Briefs
Briefs
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… RODRIGUEZ, R.N.; HUDSON HOSPITAL OPCO, LLC d/d/a CAREPOINT HEALTH- CHRIST HOSPITAL, PHOENIX HEALTH CARE, INC., … Division, October 03, 2023, A-002310-22, AMENDED i TABLE OF CONTENTS TABLE OF JUDGMENTS AND ORDERS … L.G. v. Toms River Reg’l Sch. Bd. of Educ.,189 N.J. 381 (2007) 42 AMENDEDFILED, Clerk of the Appellate Division, …
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A-0308-24 Briefs
Briefs
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… Division, October 15, 2024, A-000308-24 i TABLE OF CONTENTS Page STATEMENT OF PROCEDURAL HISTORY 1 STATEMENT OF … Facts Relating To Defendant’s Statement: 3 LEGAL ARGUMENT 8 POINT I THE STATE’S MOTION FOR LEAVE TO APPEAL MUST BE … U.S. 436, 467 (1966); State v. O’Neill, 193 N.J. 148, 168 (2007). Apprising a suspect of his rights and honoring the …
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A-3416-22 Briefs
Briefs
njcourts.gov
… Denying Defendant’s Petition for Defendant-Appellant : Post-Conviction Relief : Sat Below: Hon. Richard C. Wischusen, … Prosecutor Of Counsel and On the Brief Attorney ID No. 019002007 michele.buckley@ucpo.org DATED: September 23, 2024 … HISTORY 1 COUNTER-STATEMENT OF FACTS 6 LEGAL ARGUMENT POINT I THE PCR COURT PROPERLY DENIED DEFENDANT’S PETITION …
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A-2369-24 Briefs
Briefs
njcourts.gov
… BER-L-8293-21 CIVIL ACTION: Sat Below: HON. KELLY A. CONLON, J.S.C. … 9 POINT I THE TRIAL COURT ABUSED ITS DISCRETION DENYING … their complaint was dismissed with prejudice..........10 POINT II THE RULES OF COURT AND CASE LAW PROVIDED AMPLE … v. Michelle & John, Inc., 394 N.J. Super. 110 (App. Div. 2007) .................................................. 32, …
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A-0546-24 Briefs
Briefs
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… February 25, 2025, A-000546-24, AMENDED i Table of Contents Table of Authorities … 7 iii. 2019 Conversion Lawsuit. … Point I … Point II … best interests. ....................................37 Point III … Bank, SLA, Docket No. PAS-C-190-04 (Ch. Div. Apr. 13, 2007) ............................ Pa128 Exhibit B – Opinion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … can make a prima facie case for the transfer by pointing to the [d]eed, a written document, the Dead Man's … of Ostlund v. Ostlund, 391 N.J. Super. 390, 402 (App. Div. 2007) (citation omitted). Based on our de novo review, we …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … vehicle stop. Defendant then became "agitated." At that point, Bernard read defendant his Miranda1 rights from a … N.J. 417, 426 (2017) (State v. Elders, 192 N.J. 224, 244 (2007)). "A . . . court's legal conclusions, however, and its …
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… Commissioner of Education under the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to … and [FTCS] ha[d] not cited any decisional law on point that directly support[ed] its position." The Acting … of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). Given this deference, we do "not substitute [our] own …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … "write in an additional qualification which the Legislature pointedly omitted in drafting its own enactment or engage in … 2023) (quoting Soto v. Scaringelli, 189 N.J. 558, 569-70 (2007)). We also discern no error in the Commissioner's FAD …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … $5,000 cash loans accrued, according to plaintiff, at some point during 2016 and 2017. Plaintiffs filed their breach of … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 450 (2007) (second alteration in original) (quoting Morton Int'l, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … abuses him and had specified that she hits him. He, at that point, had showed me his arms with the bruising. I had asked … Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007))). When applying this deferential standard, we must …