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… N.D. insisted that the blinds were always closed. At this point, E.L.H. forced his way into the house with his … Div. of Youth and Family Servs. v. M.M., 189 N.J. 261, 279 (2007). To the extent the trial court's decision implicates … justifying the grant of the FRO. Affirmed. … a3849-18.pdf … A-3849-18T2 …
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njcourts.gov
… forth in a written decision. On appeal, defendant argues POINT I THE MOTION TO WITHDRAW THE GUILTY PLEA SHOULD HAVE … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). There was no deficient performance by trial counsel … see Preciose, 129 N.J. at 462. Affirmed. … a0983-20.pdf … A-0983-20 …
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njcourts.gov
… their own fees. 8 A-4923-18 Defendant raises the following points on appeal: I. THE COURT COMMITTED REVERSIBLE ERROR … such agreements." Pacifico [v. Pacifico, 190 N.J. 258, 266 (2007)]. . . . Nevertheless, the court must discern and … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a4923-18.pdf … A-4923-18 …
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njcourts.gov
… On appeal, defendant raises the following arguments: POINT I - THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY … in the record. See State v. O'Neal, 190 N.J. 601, 618-19 (2007) (attorney's performance cannot be deemed deficient for … R. 2:11-3(e)(2). 11 A-1518-17T3 Affirmed. … a1518-17.pdf … A-1518-17T3 …
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… Id. at 75. Looking at the situation from that vantage point, we conclude the recusal of the Family Part judges in … Point Bay Fuel, Inc., 396 N.J. Super. 545, 550 (App. Div. 2007) (citing R. 2:2-4; R. 2:5-6(a)). The order here, … reconsideration. We do not retain jurisdiction. … a2855-19.pdf … A-2855-19 …
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… accordingly. On appeal, defendant presents the following point for our consideration: POINT I THE SEARCH OF … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law … in a written opinion. R. 2:11-3(e)(2). Affirmed. … a0726-18.pdf … A-0726-18T4 …
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… to T.E. Defendant raises the following issues on appeal: POINT I THE TRIAL COURT ERRED IN DENYING [DEFENDANT'S] … Id. (quoting State v. Samuels, 189 N.J. 236, 246 (2007)) (alteration in original) (internal citations and … our instructions, we do not retain jurisdiction. … a1277-19.pdf … A-1277-19 – STATE OF NEW JERSEY VS. J.M. (17-09-1029, …
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njcourts.gov
… individual, was attempting to leave the area, at which point [W.C.] was walking in [the officers'] direction . . . … 256, 271- 72 (2019); State v. Elders, 192 N.J. 224, 244-45 (2007). We disregard a trial court's findings only if they … the judge's decision. 10 A-2392-21 Affirmed. … a2392-21.pdf … A-2392-21 – STATE OF NEW JERSEY IN THE INTEREST OF …
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njcourts.gov
… here in detail. Defendant's son was born on May 28, 2007, and his daughter on April 20, 2011. The Division … order." This appeal followed. On appeal, defendant argues: POINT I THE COURT ERRED IN DENYING [K.S.] THE OPPORTUNITY TO … the home that the family originally resided in. … a4702-15.pdf … A-4702-15T4 …
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… and plaintiff were married in 1996, and divorced in 2007. They have two children: A son, who was born in 1998, … actions demonstrated that she was reaching a "boiling point" and could engage in further acts of domestic … opinion. See R. 2:11-3(e)(1)(E). Affirmed. … a5460-14.pdf … A-5460-14T1 …
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njcourts.gov
… with various offenses in connection with the November 3, 2007 robbery and homicide of Lazaro Tista. Specifically, the … Act, N.J.S.A. 2C:43-7.2. On direct appeal, among other points, defendant argued that the trial court erred by … the Hicks test. R. 3:22-4(b)(2)(C). Affirmed. … a3973-15.pdf … A-3973-15T4 …
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njcourts.gov
… On appeal, defendant asserts the following arguments: POINT I BECAUSE DEFENDANT DID NOT GIVE VOLUNTARY CONSENT, … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "[A]n appellate tribunal must defer to the factual … elsewhere pursuant to a warrant. Affirmed. … a3849-15.pdf … A-3849-15T2 …
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njcourts.gov
… wallet. Defendant raises the following arguments on appeal: POINT I OFFICER RYAN, WHO WAS WORKING AS A SUPERMARKET … conclusions." Ibid. [State v. Elders, 192 N.J. 224, 243-44 (2007).] An appellate court need not give deference to a … such, we discern no basis for error. Affirmed. … a5096-15.pdf … A-5096-15T3 …
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njcourts.gov
… was his decision to go to trial or to surrender and at that point he decided to do a voluntary surrender." 6 A-3225-17T1 … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (citations omitted). Specifically, a trial court's … on the child's stability and permanency). … a3225-17.pdf … A-3225-17T1 …
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… (n/k/a Grimsley), 393 N.J. Super. 509, 515 (App. Div. 2007). The parties here agreed that their arbitration was … challenge in the trial court. The Act itself makes this point clear. Section 4 of the Act states that a party to an … direct right of appeal. The appeal is dismissed. … a4194-16.pdf … A-4194-16T1 …
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… although D.S.'s Static-99R overall score reflects a one-point reduction for his age, it is still within the "high" … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). "The SVPA authorizes the involuntary commitment of … 443, 459 (App. Div. 2001), was proper. Affirmed. … a5355-16.pdf … A-5355-16T5 …
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… to [Thermocare]. . . . But that's not the ultimate deciding point. The point is there [were] certain limited funds and … Liberty Mut. Ins. Co., 391 N.J. Super. 588, 594 (App. Div. 2007), because it had depleted the PIP benefits under … additional attorney's fees and costs. Affirmed. … a3896-15.pdf … A-3896-15T3 …
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… it. On appeal, defendant raises the following issues: POINT I THE POLICE LACKED PROBABLE CAUSE WHEN THEY WENT TO … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (quoting State v. Rodriquez, 172 N.J. 117, 126 … of conviction. We do not retain jurisdiction. … a4655-14.pdf … A-4655-14T3 …
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… the judge found the totality of the circumstances from "the point of view of the officers [in] real time" warranted … omitted) (quoting State v. Elders, 192 N.J. 224, 243-44 (2007)). We owe no deference to a judge's legal conclusions … v. Hemenway, 239 N.J. 111, 139 (2019). Affirmed. … a3879-21.pdf … A-3879-21 – STATE OF NEW JERSEY VS. PEDRO G. …
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… v. N.J. Dep't of Env't Prot., 191 N.J. 38, 6 A-3400-21 48 (2007)). Unless an appellant challenging the agency action … of fact and, similarly, 7 A-3400-21 does not expressly point to any legal error in the Appeal Tribunal 's and … during her period of disqualification. Affirmed. … a3400-21.pdf … A-3400-21 – DONNA BRAKEFIELD VS. BOARD OF REVIEW, ET …