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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … omission. On appeal, defendant raises two issues, arguing: POINT I THE TRIAL COURT ERRED IN CONCLUDING THAT THE POLICE … THE WARRANT APPLICATION WAS NOT DELIBERATE OR RECKLESS. POINT II 6 A-5871-17T4 THE WARRANT JUDGE WOULD NOT HAVE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … or vacate the judgment. On appeal, defendant argues: POINT I THE JUDGE'S DECISION WAS ARBITRARY AND CAPRICIOUS … ABSENCE AFTER SHE WAS INSTRUCTED NOT TO COME TO COURT. POINT II THE [JUDGE] NEVER TOOK THE TIME TO HEAR FROM THE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … We already addressed the issue raised in D.A.'s first point in the companion appeal. Therefore, we now address the argument raised in D.A.s second point. N.J.A.C. 10:71-3.6 addresses change of county of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … We affirm. Defendant raises the following issues on appeal: POINT I: THE [PCR] COURT ERRED IN DENYING THE DEFENDANT'S … C. FAILURE OF PCR COURT TO CONDUCT AN EVIDENTIARY HEARING. POINT II: THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT …
njcourts.gov
… has not filed a brief. PER CURIAM In this breach of contract case, plaintiff appeals from a July 16, 2019 … plaintiff raises the following arguments: 5 A-5295-18T1 [POINT I] THE [JUDGE] ERRED IN DENYING PLAINTIFF'S REQUEST … A JUDGMENT BASED ON LIES IS NOT A FAIR AND JUST ONE. [POINT II] THE JUDGMENT IS BASED ON THE FALSE ASSUMPTION THAT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant argued he was dissatisfied with his court appointed trial counsel. He also claimed no gun was recovered … is to ignore the truth of life, which is that anybody who points a gun or uses a gun toward another person is …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … challenges the denial of his PCR petition on two grounds: POINT I – THE COURT ERRED IN DENYING AN EVIDENTIARY HEARING … AGREEMENT THAT HE CHOSE TO ACCEPT ON ADVICE OF COUNSEL. POINT II – THE COURT SHOULD HAVE GRANTED AN EVIDENTIARY …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … FET. Hohsfield argues the following on appeal: POINT I THE PAROLE BOARD'S DECISION WAS ARBITRARY AND CAPRICIOUS AND SHOULD BE OVERTURNED POINT II 5 A-1019-19 MR. HOHSFIELD'S DUE PROCESS RIGHTS WERE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following arguments for our consideration: POINT I THE SECOND FACTOR UNDER SILVER V. SILVER WAS NOT MET … to [S]eparate the [P]arties without [E]ntering a [FRO]. POINT II 4 A-2209-20 THE PREDICATE ACT OF SIMPLE ASSAULT WAS …
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… guilty to an accusation of third-degree possession of controlled dangerous substances (cocaine) with intent to … ineffective assistance. On appeal, defendant argues: POINT ONE THE PCR COURT'S ORDER SHOULD BE REVERSED AND THE … STRICKLAND3 STANDARD OF INEFFECTIVE ASSISTANCE OF COUNSEL. POINT TWO THE [PCR] COURT MISAPPLIED ITS DISCRETION IN …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the public policy concerns. She concluded: At this point, given the foregoing, the Court will deny the motion … Court will certainly do an in camera review, but at this point the Court finds that these records are certainly …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of his petition for post- conviction relief (PCR), arguing: POINT I BECAUSE COUNSEL DID NOT CORRECTLY EXPLAIN TO HIS … TO BE SERVED, PERFORMANCE OF TRIAL COUNSEL WAS INEFFECTIVE. POINT II BECAUSE THE DEFENDANT MADE A PRIMA FACIE SHOWING OF …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … However, appellate counsel then affirmatively withdrew the point. [APPELLATE COUNSEL]: But I agree that this court has … than eight years. [THE COURT]: Well, in your sheet you pointed out the factual basis as well as the term. …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … We affirm. On this appeal, plaintiff presents the following points of argument: I. HIGHEST AND BEST USE II. STANDARD OF … A MANIFESTLY UNJUST RESULT While presented in multiple points, plaintiff's argument is limited to one central …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … MUST BE REDUCED. We do not reach the argument asserted in Point II because we find it necessary to remand for further proceedings regarding the arguments posed in Point I, to which we now turn. After arresting defendant, …
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… 12, 2016 Law Division order denying her petition for post-conviction relief NOT FOR PUBLICATION WITHOUT THE APPROVAL … unsubstantiated. Now on appeal, defendant raises only one point: POINT I: THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … now solely appeals the PTI ruling. She raises the following point in her brief: THE TRIAL COURT ERRED IN FINDING THE … the prosecutor rationally concluded in his discretion these points in defendant's favor were outweighed by negative …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … In this appeal, defendant raises the following issues: POINT I: DEFENDANT HAS SUBMITTED PRIMA FACIE EVIDENCE … GRANTED AN EVIDENTIARY HEARING ON POST CONVICTION RELIEF. POINT II: DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant raises the following arguments on appeal: POINT I: 1 Judge Steele did not preside over defendant's … v. Washington and misapplying Alleyne v. United States. POINT II: THE RE-SENTENCING JUDGE ERRED IN IMPOSING A FINE. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … at oral argument, petitioner's attorney confirmed that point. Beginning in 2003, petitioner unilaterally … collected from the customers. She testified that at some point, petitioner imposed a new policy, under which the …