Case law

State v. Bey

129 N.J. 557 · Supreme Court of New Jersey · Jul 28, 1992

Nonetheless, the interrogatory’s phrasing did not obviate the need for a jury instruction clearly differentiating between capital murder and SBI murder. … Peremptory Challenge of a Black Juror Defendant argues that the prosecutor’s peremptory challenge of the only black juror qualified for jury service violated his right to a fair and impartial jury and to equal protection.

Board of Trustees of Operating Engineers Local 825 Fund Service Facilities v. L.B.S. Construction Co.

148 N.J. 561 · Supreme Court of New Jersey · Apr 9, 1997

The-Court stated that although ERISA preemption is “clearly expansive,” to interpret the language to its furthest extent would render the reach of the provision limitless. … The Planning Act was a comprehensive statute establishing hospital rates.

Pascack Ass'n, Ltd. v. Mayor & Coun. Washington Tp.

74 N.J. 470 · Supreme Court of New Jersey · Mar 23, 1977

Of these municipalities a goodly number must surely qualify — albeit reluctantly — as ‘developing.’ Their land use plans are therefore required to meet the test of Mt. Laurel. … Although the legislation clearly reflects the broad definition of the general welfare which we enunciated in Mt.

McCann v. Clerk of City of Jersey City

167 N.J. 311 · Supreme Court of New Jersey · Jun 1, 2001

The second article of the Report, which concerns municipal incorporation and powers, states that it “establishes practical inducements to charter improvement, by offering municipalities extensive powers of local self-government … It is also no accident that when the Legislature passed the Faulkner Act, it felt compelled to qualify the broad grant of powers to municipalities generally, and to mayors specifically, with a heightened standard of ethical

State v. Milton

178 N.J. 421 · Supreme Court of New Jersey · Feb 10, 2004

Accordingly, the court found that the poll established that the jury was unanimous on all three counts. At the close of the court’s final remarks to the jury, defense counsel approached the bench. … She clearly said guilty. And with regal’d to the third count, there absolutely was no[ ] question about guilty.

State v. Laura Gonzalez (085132) (Somerset County & Statewide)

Supreme Court of New Jersey · Feb 8, 2022

It is an opinion that he is not qualified to give nor is he qualified to tell you what someone else said. You are not to consider that at all. It is stricken from the record. … In those cases, “an unchallenged error constitutes plain error if it was ‘clearly cap able of producing an unjust result.’” Ibid. (quoting R. 2:10-2).

State v. Crawley

187 N.J. 440 · Supreme Court of New Jersey · Jul 24, 2006

If they were not “lawfully performing” their duties, then the State failed to establish an essential element of obstructing. … A contrary rule would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct.”), cert. denied, 461 U.S. 933 , 103 S.Ct. 2098 , 77 L.Ed

Green v. Bittner

85 N.J. 1 · Supreme Court of New Jersey · Dec 30, 1980

Liability having been established at a separate trial, the jury in these proceedings were to “give such damages as they shall deem fair and just with reference to the pecuniary injuries resulting from such death ... to the … He qualified this statement by explaining that the jury should “consider the benefits which Donna bestowed upon the *6 survivors in the form of service or assistance; and ... the guidance and training afforded by Donna to

In re Sigman

220 N.J. 141 · Supreme Court of New Jersey · Dec 18, 2014

shall recommend the imposition of the identical action or discipline unless the respondent demonstrates, or the [DRB] finds on the face of the record on which the discipline in another jurisdiction was predicated that it clearly … A plainly-wrong act is not immunized because the victims are one’s partners. [ Id at 170, 627 A.2d 156 .] *157 The Court discussed and refined the principle of In re Siegel in another matter involving the misappropriation

State v. Jenkins

178 N.J. 347 · Supreme Court of New Jersey · Feb 4, 2004

We further qualify the admission of such evidence by the requirement that the apparent prejudice of such testimony must not outweigh its probative value. State v. Long, 173 N.J. 138, 162 , 801 A.2d 221, 235-36 (2002). … Sergeant DeShields’s comments, insofar as they were necessary to establish that Thomas accused defendant, should have been limited to conveying that Thomas identified defendant as the perpetrator of a first-degree crime and

Brenman v. Demello

191 N.J. 18 · Supreme Court of New Jersey · May 30, 2007

We have explained: Pursuant to the New Jersey Rules of Evidence, “scientific, technical or other specialized knowledge” by a witness “qualified as an expert by knowledge, skill, experience, training, or education” may be … clear: “When summation commentary transgresses the boundaries of the broad latitude otherwise afforded to counsel, a trial *34 court must grant a party’s motion for a new trial if the comments are so prejudicial that ‘it clearly

State v. Martini

160 N.J. 248 · Supreme Court of New Jersey · Jul 27, 1999

The evidence at trial established that Martini and codefendant Therese Afdahl abducted Flax and demanded ransom money from his wife. … Although the Public Defender contends that the second set is immune from discovery under the principles set forth in State v. Mingo and State v.

O'KEEFFE v. Snyder

83 N.J. 478 · Supreme Court of New Jersey · Jul 17, 1980

It is clearly the predominant view that subsequent transfers of a stolen chattel constitute separate acts of conversion. R. Bowers, The Law of Conversion § 40 at 31 (1917); R. … Finally, in assessing defendant’s ownership claims in that case, the Porter court concluded that the gallery did not qualify as a “good faith purchaser,” since it had not investigated the prove *520 nance of the Utrillo painting

Scatuorchio v. Jersey City Incinerator Authority

14 N.J. 72 · Supreme Court of New Jersey · Nov 23, 1953

It is further admitted that by notice published December 19, 20 and 22, 1952, the Authority advertised said resolution of the city and invited proposals to be made by qualified contractors to the technical director of the … Clearly, these provisions not only placed the responsibility for garbage and refuse collection in the Authority but also withdrew the power to act in the premises from the city.

Elberon Bathing Co., Inc. v. Ambassador Insurance Co., Inc.

77 N.J. 1 · Supreme Court of New Jersey · Jun 8, 1978

It may consider original cost and cost of reproduction; the opinions upon value given by qualified witnesses; the declarations against interest which may have been made by the assured; the gainful uses to which the buildings … The instant policy provision clearly called for an appraisal. That the procedures mandated by the Arbitration Act, see, e.g., N. J. S.

Davenport v. Apportionment Commission

65 N.J. 125 · Supreme Court of New Jersey · May 23, 1974

This Court, in suggesting such a distinction, was clearly trying to undo partially in Davenport I, supra, what had apparently been done in Scrimminger, supra. … , one senator shall be elected by the legally qualified voters of each Assembly district.

State v. Kleinwaks

68 N.J. 328 · Supreme Court of New Jersey · Sep 29, 1975

made, the trial judge, at that stage of the case exercises a quasi-appellate function since he is being called upon to vacate the judgment of conviction and to overrule a determination made by the jury that the evidence established … Super. at 344 ) as clearly in error. On such a motion the trial court must examine the factual evidence to determine whether it was sufficient to submit to the jury.

Jablonowska v. Suther

195 N.J. 91 · Supreme Court of New Jersey · Jun 10, 2008

The Court qualified the breadth of that extension of liability for emotional injury, however, by noting that “where fright does not cause substantial bodily injury or sickness, it is to be regarded as too lacking in seriousness … In construing that language to answer the question before us, we are guided by well-established principles of interpretation.

Caruso v. Caruso

106 N.J. Eq. 130 · Supreme Court of New Jersey · Feb 5, 1930

by Chancellor Runyon, declared, in substance, that a citizen of this country might adopt another country as his domicile without becoming naturalized as a citizen of that country; that by his marriage in Prance, and his establishment … the matter as it shall deem most for the advantage of the infant * * * provided, that a limited guardian shall not be appointed under the provisions of this section, if there is a general guardian for such minor legally qualified

Corvelli v. Board of Trustees

130 N.J. 539 · Supreme Court of New Jersey · Dec 30, 1992

Corvelli’s continuing persecution of Bogovich for two-and-a-half years clearly demonstrates a pattern of abuse of power. … In Widdis the Appellate Division emphasized that “[i]t is for the Legislature to specifically qualify a person’s entitlement if it wishes to attempt to strip vested pension rights from a member who has not yet been convicted