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A-3248-23 Briefs
Briefs
njcourts.gov
… Joshua Beinhaker, Esq. ID # 005322005 Jbeinhakerlaw@gmail.com 20 South Street Suite 2A Morristown, New Jersey 07960 … granting declaratory relief filed May 10, 2024 1a Amended Complaint filed April 14, 2021 2a Answer and Counterclaim … 216 N.J. 168 (2013) 3 Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (1995) 4 Murphy v. New …
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njcourts.gov
… SUBMITTED IN SUPPORT OF THE SEARCH WARRANT LACKED SUFFICIENT FACTS TO FIND PROBABLE CAUSE TO BELIEVE THAT HIS … And Is Substantially Lower At The Age That Defendant Will Complete A 5 A-3269-22 Midrange Sentence, The Goal Of … and applicable legal principles. We reject each of the points raised and affirm. I. On September 26, 2019, a Bergen …
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A-16-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… OF HUMAN SERVICES, CAROLE JOHNSON IN HER CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES, STATE OF … simply because they are indigent, while providing subsidies directly from the public fisc to offset the cost of … ranked thereafter receiving a subsidy two percentage points lower than the previous hospital on the list. …
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A-0506-23 Briefs
Briefs
njcourts.gov
… – and – OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Defendant-Respondent-Cross-Appellant. BRIEF FOR … - Birch’s Arguments Based Upon A Theory of “Election of Remedies” Are Also Meritless (Pa357; 2T; 3T) … a trial court's review “is limited to examining the legal sufficiency of the facts alleged on the face of the …
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A-1826-23 Briefs
Briefs
njcourts.gov
… LLC Philip D. Stern (NJ Attorney ID 045921984) pstern@kimlf.com Yongmoon Kim (NJ Attorney ID 026122011) ykim@kimlf.com 411 Hackensack Avenue, Suite 701 Hackensack, New Jersey … impunity. By contrast, every federal court answering the sufficiency question concluded that alleging, as Plaintiff …
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njcourts.gov
… Borough of Seaside Park. After taking over four years to complete hearings, the Berkeley Township Planning Board … services were adequate, that alone would not be a sufficient basis to deny consent to deannexation. Regarding … giving or withholding consent to deannexation, governing bodies have traditionally been afforded discretion, but …
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njcourts.gov
… cellphone data obtained from Verizon and AT&T pursuant to communication data warrants (CDWs), and sever the drug … as a whole and not in isolation. As noted above, there was sufficient evidence from the February 1 Verizon data that had … each of the alleged Brady violations and "fashioned remedies sufficient to ensure that defendant's due process …
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njcourts.gov
… But they may not use deadly force if they can retreat with complete safety. The castle doctrine provides an exception … a security guard in the lobby of the complex. The State points to that as evidence defendant was a guest, not a … exception to the duty to retreat for plain error -- error sufficient to raise a reasonable doubt as to whether it led …
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njcourts.gov
… his property. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … SAID PERMIT. ACCORDINGLY, HIS CONVICTION FOR FAILING TO COMPLY WITH A FACIALLY UNCONSTITUTIONAL PERMITTING PROCESS … the trial court so long as those findings are supported by sufficient evidence in the record."'" State v. Smart, 253 …
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njcourts.gov
… aggravated sexual assault during the 3 A-2243-20 commission of a burglary, N.J.S.A. 2C:14-2(a)(3) (count … Read in full context, we are satisfied that the court sufficiently considered defendant's youth in imposing the … in his counseled brief, defendant raises the following points for our consideration:7 POINT I DEFENDANT WAS …
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njcourts.gov
… count of second-degree possession of a firearm during the commission of certain crimes; and one count of second-degree … will generally deny a request for disclosure." State v. McDuffie, 450 N.J. Super. 554, 568 (App. Div. 2017) (quoting … the merits of the claim on appeal. See id. at 19 ("[T]he points of divergence developed in proceedings before a trial …
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njcourts.gov
… Trooper Lambert instructed defendant to turn around to complete another test, and when he did, Trooper Lambert … her car door, taking out her phone, and attempting to communicate with defendant and Trooper Lambert. She told … 6 A-1301-22 Approximately five minutes after the handcuffing, the audio recording captured the opening of the …
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njcourts.gov
… PURPOSE MUST BE REVERSED BECAUSE ACQUITTAL OF THE ACCOMPANYING CHARGES ERASED THE INDENTIFICATION OF THE … the case for resentencing because the court did not sufficiently analyze the appropriateness of the imposition of … the prosecutor stated: That's what happened that day, ladies and gentlemen, not what the defendant told you when he …
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njcourts.gov
… PURPOSE MUST BE REVERSED BECAUSE ACQUITTAL OF THE ACCOMPANYING CHARGES ERASED THE INDENTIFICATION OF THE … the case for resentencing because the court did not sufficiently analyze the appropriateness of the imposition of … the prosecutor stated: That's what happened that day, ladies and gentlemen, not what the defendant told you when he …
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A-3463-22 Briefs
Briefs
njcourts.gov
… LLC Philip D. Stern (NJ Attorney ID 045921984) pstern@kimlf.com Yongmoon Kim (NJ Attorney ID 026122011) ykim@kimlf.com 411 Hackensack Avenue, Suite 701 Hackensack, New Jersey … vendor. By contrast, every federal court answering the sufficiency question concluded that alleging, as Plaintiff …
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A-2518-23 Briefs
Briefs
njcourts.gov
… the matter to the Appellate Division on the issue of the community caretaking doctrine. Id. Yet, the State now argues … a determinative intervening circumstance must sufficiently break the chain of causation between the … STATE OF NEW JERSEY RICHARD J. HUGHES JUSTICE COMPLEX TRENTON, NEW JERSEY 08625 KAILI E. MATTHEWS – …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … N.M. became pregnant with J.C.T. and moved back to San Diego. M.G.F. continued to stay in contact with N.M. and … M.G.M. After 17 her maternity leave, she went back to San Diego, where J.C.T. lived with her. N.F. never went to …
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A-1736-24 Briefs
Briefs
njcourts.gov
… of Review (Page 9) • Point One (Pages 10-14) The court committed a reversible error when it concluded that the … Raised Below at P 4 SA) • Point Two (Pages 14-16) The court committed a reversible error when it imposed a heightened … This was an express violation of HIPPA guidelines and was sufficient of and in itself to establish plaintiff's …
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A-3699-23 Briefs
Briefs
njcourts.gov
… first-time in- court identifications was reversible error. Compounding the identification errors at trial, the judge … 254 N.J. at 579 n.1. “Settled case law, scientific studies, and common sense underscore the problems with … convincing than a live human being who takes the stand, points a finger at the defendant, and says ‘That's the …
njcourts.gov
… A-3098-10T2 2 This is a putative class action seeking remedies pursuant to New Jersey's Consumer Fraud Act (CFA), … Supreme Court —— the denial of their motion to dismiss the complaint with prejudice for failure to state a claim. We … at cross- purposes." Ibid. Only a robust discordance will suffice and there is "a real possibility of conflicting …