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- T.M.C. VS. M.K.B. (FV-13-0624-21, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … credibility was limited by the Zoom format, and that at a point in her testimony when discussing the need for future … and the judge reasonably accepted her assertions. All other points raised by defendant lack sufficient merit to warrant …
- STATE OF NEW JERSEY VS. OREADER CALLAWAY (13-08-0662, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the PCR decision, defendant makes the following arguments: POINT ONE THE PCR COURT ERRED IN DENYING MR. CALLAWAY AN … v. Washington, 466 U.S. 668, 694 (1984). 7 A-5304-18 POINT TWO THE PCR COURT ERRED IN DENYING MR. CALLAWAY AN …
- MIN WU, ET AL. VS. PETER GESUALDO, ET AL. (C-000176-19, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … into defendants' property about twenty- five feet at one point and twenty feet at another. The area enveloped by the … cited with approval in Mannillo, that aptly summarized the point: "[u]nless such aggressive trespass is established, an …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. Defendant raises the following points on appeal: POINT I DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL …
- STATE OF NEW JERSEY VS. KEVIN D. WESLEY (12-10-0998, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant claims the following errors were committed: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION … State v. Anthony, 237 N.J. 213, 234 (2019) (Rule 3:11(d) "empowers the court, 'in its sound discretion and consistent …
- FRANKEL AND RUBINSON VS. RAYMOND ZOLA, ETC. (L-3742-20, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following argument for our consideration: POINT I THE AVAILABLE EVIDENCE BEFORE THE MOTION JUDGE … on defendant's alleged misrepresentations. As the judge pointed out, this is a simple contract matter in which …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … so you could work. That's understandable. Now at this point things are open again and the cost should be less as … a week for an infant? . . . . DEFENDANT: No, we had one appointment at the daycare center, I put a deposit down and …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … on Cassidy's attempt to intervene. Cassidy raises two main points in support of intervention. First, he argues that his … good faith. To support his due diligence argument, Cassidy points to his participation at the Board hearings. He also …
- njcourts.gov… OF NEW JERSEY, Plaintiff-Respondent, v. CHRISTOPHER T. CONZOLA, Defendant-Appellant. ___________________________ … defendant was alleged to have held a woman hostage at knifepoint inside his home. In December 2015, defendant was … false public alarm.4 II. Before us, defendant argues: POINT I THE TRIAL COURT ERRED BY UPHOLDING THE SEARCH …
- njcourts.gov… Lodeserto, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … application without a hearing. Defendant appeals, arguing: POINT ONE THE PCR COURT ERRED IN DENYING MR. KNIGHT AN … TO THE COURT ON BEHALF OF MR. KNIGHT AT SENTENCING. POINT TWO THE PCR COURT ERRED IN DENYING MR. KNIGHT AN …
- STATE OF NEW JERSEY VS. CHARLES S. TANG (21-09-0656, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of probation. II. On appeal, defendant raises the following point for our consideration: 3 The damage caused by the fire … of PTI initially rejected the application. 4 A-1881-21 POINT I THE PROSECUTOR'S DENIAL OF DEFENDANT'S PTI …
- C.M.C.A. VS. A.S. (FV-18-0319-22, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … He then grabbed her by the arm and forced her to her knees, pointing out the ring on the floor. Plaintiff suffered a … but I don't find him credible at all with the very main points. [(Emphasis added.)] While demeanor is a permissible …
- STATE OF NEW JERSEY VS. DARIUS M. WILSON (06-01-0001, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and the record, we find no merit to defendant's arguments: POINT I THE ORDER DENYING POST-CONVICTION RELIEF MUST BE … HAVE RESULTED IN A REVERSAL OF DEFENDANT'S CONVICTION. POINT II THE PCR COURT ERRED WHEN IT DID NOT HOLD AN …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant presents the following arguments: POINT I DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL … FACTS OF THE CASE OR DISCUSS TRIAL STRATEGY WITH DEFENDANT. POINT II THE PCR COURT ERRED IN NOT GRANTING DEFENDANT AN …
- STATE OF NEW JERSEY VS. MONTCELL COSTON (18-04-0544, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … for our consideration which were before the PCR judge: POINT I THE PCR COURT ERRED IN DENYING [DEFENDANT'S] … TO POLICE AS [DEFENDANT] WAS THREATENED BY POLICE. POINT II THE PCR COURT ERRED IN DENYING [DEFENDANT'S] …
- njcourts.gov… comes before the Court by way of Notice of Motion for Reconsideration of the Court’s May 13, 2020 Order entering … of the court”). Motion practice must come to an end at some point, and if repetitive bites at the proverbial apple are … was unconscionable and unenforceable. However, Plaintiff points out that here, the interest rate is much different …
- JOSE LATA VS. DANIEL LOUGHLIN, ET AL. (L-1747-15, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and/or KELLY LOUGHLIN, and MILLSTONE VALLEY GENERAL CONSTRUCTION, Defendants, and WAITIKOWICH CONSTRUCTION INC., … 132 N.J. at 439. In support of his first and second points of error, plaintiff principally relies on Alloway, as … . . . ."). Finally, we need not address plaintiff's final point that OSHA regulations preempt New Jersey law because …
- STATE OF NEW JERSEY VS. EDELBARTO PADILLA (08-01-0114, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … assistance of trial and appellate counsel. The court appointed PCR counsel who asserted most of the same claims. In … followed. On appeal, defendant presents the following points for our consideration: POINT I THE TRIAL COURT ERRED …
- STATE OF NEW JERSEY VS. CHARLES JACKSON (08-11-2612, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (PCR) petition without an evidentiary hearing, arguing: POINT I THE POST-CONVICTION RELIEF COURT ERRED IN DENYING … BASED UPON PROSECUTORIAL MISCONDUCT IN THE GRAND JURY. POINT II THE POST-CONVICTION RELIEF COURT ERRED IN DENYING …
- STATE OF NEW JERSEY VS. MARK MARTIN (15-01-0031, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … years of parole ineligibility on count eight. He argues: POINT I THE SECOND GUN POSSESSION TRIAL SHOULD HAVE BEEN … COLLATERALLY ESTOPPED A SECOND POSSESSION PROSECUTION. POINT II THE DISCRETIONARY EXTENDED TERM FOR GUN POSSESSION …