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… Geiger,1 Berdote Byrne and Fisher (Judge Berdote Byrne, concurring). On appeal from the Superior Court of New … 4 Defendant may not have quite said this, but it repeatedly pointed out in its forceful written and oral submissions … avoid them, is shortsighted about how the Legislature has empowered private plaintiffs in Consumer Fraud Act matters to …
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… fee portion of the award and the Director’s position constitutes double taxation. Based upon the prior holding of … not taxable based upon a number of theories. Id. at 152-55 (point heading III). The Appellate Division rejected these … branches. While a court in the judicial branch may be empowered to overcome the will of the governor or the …
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… for defendants (White & Williams, attorneys). MOTIONS TO BE CONSIDERED This matter comes to the court by way of … were el'foneously denied. Id. p. 58. Plaintiff then points to N.J.S.A. 17:48E-10,l(d)(ll) to state that … motion filed under R. 4:6-2(a). A .. similar procedural point was addressed by Judge Kennedy in Beaver v. Magellan …
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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 … to the same underlying sex offense that marked the starting point of the registration requirement. The word “any” makes … for the sex offense requiring registration. 6 H.D. and J.M. point to the Legislature’s use in subsection (f) of “any” to …
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… Argued October 18, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior Court of New … nature'; a non-movant will be unsuccessful 'merely by pointing to any fact in dispute.'" Prudential, 307 N.J. … during litigation, and both cases dealt more with at which point, if any, it was appropriate for the insured to accept …
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… Public Defender, attorney for appellant (Michael J. Confusione, Designated Counsel, on the brief). Dennis Calo, … Defendant presents the following arguments for our review: Point 1 The references to defendant’s practice of Santeria … the charges before the jury at trial below. 3 A-1191-16T1 Point 2 The trial court erred in denying defendant’s motion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in the indictment involving her co- defendants. The court appointed PCR counsel for defendant. Defendant's PCR counsel … would be taken from her "forever." She alleged she felt "powerless, 9 A-0311-16T3 helpless and eager to end …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … she was unable to positively identify a suspect. She pointed out the photos of defendant and another individual … requirements of NERA. This appeal followed. 10 A-1378-16T1 POINT I THE FAILURE OF THE POLICE TO RECORD THE DETAILS OF …
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… first floor (i.e., the lack of flooring over the existing concrete floors in the foyer, main hallway and dining room), … N.J.S.A. 54:4-63.1. If construction has reached the point when it cannot be concluded that there is an … complete (whether or not a CO has been issued). She points out that there is no precedent validating an added …
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… of her motion to suppress, defendant Lisa D. Ward entered a conditional guilty plea to driving while NOT FOR PUBLICATION … time from Paramus through Mahwah the time of the stop, as pointed out by [the State], there was no evidence that her … reason he noticed she was 487 feet away because at that point he was using the laser and the laser told him that. So …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … now represented by counsel, present the following points for our consideration: POINT I THE FINAL JUDGMENT FOR FORECLOSURE DATED OCTOBER 28, …
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1.12 (Intro)
Charges Document PDF
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… of the Attorneys D. Role of the Jury E. The Evidence F. Contention of the Parties G. Burden of Proof H. … called inferences) consists of a chain of circumstances pointing to the existence of certain facts. Circumstantial … on the record. I should caution you, however, that at no point until you reach your final verdict should you indicate …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Aug. 18, 2022). Neither do we recite our extensive legal conclusions. On remand, the judge considered the parties' … supported by the record and by the applicable law. At this point, we see no basis to intrude 4 A-0901-22 upon his …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … from a July 26, 2022 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. … the same arguments raised before the PCR court. In a single point, defendant asserts: THE [PCR] COURT ERRED IN DENYING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a brief. PER CURIAM These back-to-back family court appeals concern a child – M.R. (Madeline)1 – and pose the same … The grandparents alleged in their actions that at some point early on the Division of Child Protection and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … retirement benefits. After reviewing the record, we conclude that the Board's decision is supported by … System, 455 N.J. Super. 217 (App. Div. 2018), which is on point here. In that case, a corrections officer parked his …
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… KARL P. SCHEUFFER, GLENSIDE EQUIPMENT COMPANY and BIL-JIM CONSTRUCTION, Defendants-Respondents, and ASHBRITT … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Ashbritt was entitled to immunity. As Ashbritt correctly points out, the question is not one of immunity, but rather …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Cortes appeals an order denying his petition for post- conviction relief (PCR) without an evidentiary hearing. The … On appeal, defendant limits his argument to a single point for our consideration: THE PCR COURT ERRED IN DENYNG …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The same judge who tried the case originally carefully reconsidered the evidence elicited at the earlier hearing, … handcuffs. Defendant raises the following issue on appeal: POINT I: THE TRIAL COURT ERRED BY ADMITTNG THE OUT-OF-COURT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant Ricardo M. Sudlow was tried before a jury and convicted of second-degree eluding, N.J.S.A. 2C:29-2b, … Defendant raises the following argument in this appeal. POINT I THE PCR COURT ERRED IN FAILING TO HOLD AN …