Case law

In the Matter of Freddie B. Frazier, Department of Corrections

435 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 14, 2014

. § 922(g)(9), which provides that any person convicted of a qualifying domestic violence offense is prohibited pursuant to federal law from possessing a firearm. … - 5 A-3099-11T3 7(b)(2), asserting we determined in that opinion that the evidence presented failed to establish

Dixon v. Rutgers

215 N.J. Super. 333 · New Jersey Superior Court Appellate Division · Feb 24, 1987

It is urged that a qualified academic freedom privilege should be invoked to preclude the evidentiary use of the confidential material, as such protection would support the peer review system for faculty promotion and tenure … R. 34 against disclosing official information of the State is clearly without merit. R. 2:11-3(e)(1)(E).

State v. Nevius

426 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Jun 18, 2012

Ian Hood, who was qualified as an expert in forensic pathology, reviewed Gross’s autopsy report and photographs from the scene, and examined the recovered knife. … Clearly, where the crime in question was known to have been committed by a single person, a confession by a person other than the defendant, clearly an inculpatory statement, would have a strong tendency to exculpate the

LOCAL 195, IFPTE, AFL-CIO v. State

176 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Oct 6, 1980

The board, in seeking the best qualified candidates for promotions, should not be restricted in its search to the faculty of *93 the North Bergen schools. … Clearly, this case presents the classic conflict described in Woodstown-Pilesgrove, etc., Bd. of Ed. v. Woodstown-Pilesgrove Regional Ed.

J.M.S. v. J.W.

420 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Jun 20, 2011

Plaintiffs specifically noted that defendants were “clearly ‘family members’ [as] biological relatives of the children’s mother[,]” and that it was “clear that the children were placed with ... … In fact, it is now well-established in New York that “[a] grandparent may seek visitation with a grandchild even after parental rights have been terminated or the child has been freed for adoption.” In re Ann M.C. v.

ATLANTIC CITY MED. CENTER v. Squarrell

349 N.J. Super. 16 · New Jersey Superior Court Appellate Division · Feb 22, 2002

. § 1396 et seq., the federal government is authorized to provide financial support to a state that provides medical assistance to qualified persons. … The summary statements set forth in the Division's decisions were clearly inadequate.

Raynor v. Raynor

319 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Mar 29, 1999

The court noted, [a] personal injury settlement differs from a custodial or trust account established for the child's education. … Clearly funds set aside for educational purposes should be utilized to defray the parent's obligation.

Port of NY Auth. v. Public Service, Etc., Co.

76 N.J. Super. 359 · New Jersey Superior Court Appellate Division · Oct 1, 1962

It would seem that in all justice such Authorities should generally not be afforded the highly special immunities of the State acting in its sovereign capacity * * *." … (at p. 470) *366 Justice Jacobs was referring to the New Jersey Highway Authority, and his frame of reference was to the prerogative of sovereign immunity.

Dunbar Homes, Inc. v. the Zoning Board of Adjustment

448 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Feb 14, 2017

N.J.S.A. 40:55D-3 provides definitions that apply "[f]or the purposes of this act, unless the context clearly indicates a different meaning." … Applying established rules of statutory construction, Twp. of Pennsauken v.

State v. Rangel

422 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 22, 2011

The term "physical force," like its companion term "coercion," acts to qualify the nature and character of the "sexual penetration." … Clearly, the statute's inclusion of section (6) renders the phrase "on another" in section (3) ambiguous, at best, thereby requiring resolution "in favor of the defendant."

State v. Maxey

77 N.J. Super. 397 · New Jersey Superior Court Appellate Division · Nov 21, 1962

In Ex parte Pedrini, the California Supreme Court said: "* * * petitioner urges us to declare as law of the state, * * * that once a defendant is sentenced to life imprisonment he is immune from punishment for a further crime … The sentences are clearly provided for in the statute. Yet, on the theory here advanced, it is an impossible sentence. The defendant cannot serve longer than life.

Bracey v. City of Long Branch

73 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Mar 8, 1962

It is the policy of the Housing Authority to employ local professional people, if they are qualified and living within the city limits and who have established businesses there. Q. All right. … The record clearly discloses the following: that prior to his vote Mancuso was the architectural consultant for the Shrewsbury Riverfront Urban Renewal Plan; that he performed architectural services for other housing authority

Emmer v. Merin

233 N.J. Super. 568 · New Jersey Superior Court Appellate Division · Jun 7, 1989

This limitation was clearly intended to counter the increased premium costs which would result from no-fault insurance. Iavicoli, supra, at 123-25. … That the Legislature saw fit to immunize the carriers, we view as nothing more than an effort to forestall another body of litigation in an already overburdened court system.

Compere v. Collins

352 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Feb 22, 2002

The legislative history of AICRA, therefore, notes that AICRA was clearly not based on the New York statute or on New York caselaw. … Rather, and quite the opposite, the legislative history clearly indicates that the language came from the Florida statutes.

Kayla Singletary v. Acorn Nj Straight Apartments, Lp

New Jersey Superior Court Appellate Division · Dec 19, 2024

Lighty claimed that her son Damiar, born with a congenital kidney disease that suppressed his immune system, began having a chronic rash on his torso. … Our review is guided by well-established principles.

State of New Jersey v. Ibe Allah-Jr

New Jersey Superior Court Appellate Division · Aug 14, 2024

The State Failed To Establish That The Bags Were Abandoned. … Hyman, we also cited to the 1972 Advisory Committee Notes to Federal Rule of Evidence 702 as establishing a sufficiently reliable area of expertise within which a properly qualified expert may provide competent opinion testimony

State v. Farr

183 N.J. Super. 463 · New Jersey Superior Court Appellate Division · Mar 17, 1982

The Supreme Court in DiFrancesco held 18 U.S.C. § 3576 , which authorizes the prosecutor to appeal the imposition of sentence on a defendant who qualified as a "dangerous special offender." … Whether the sentence is custodial or non-custodial, bail pursuant to Rule 2:9-4 shall be established as appropriate under the circumstances.

ALEXANDER FERRIS VS. AIDA BLANCO-ALQUACIL (L-0274-16, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 17, 2019

It furnished a report from a purported crash reconstruction expert who opined that the crosswalk and intersection were not a dangerous condition, since the crosswalk was clearly marked with a streetlight above.2 Plaintiff … Div. 2008) ("When both liability and immunity exist, immunity prevails.") (citing N.J.S.A. 59:2-1).

State v. Merola

365 N.J. Super. 203 · New Jersey Superior Court Appellate Division · Mar 15, 2002

Ignorance of the law and rules of court does not qualify as excusable neglect. State v. … Neither does defendant's purported low IQ or inability to speak or read English qualify. See State v.

Brenda Zadjeika v. Nj American Water

New Jersey Superior Court Appellate Division · Jun 1, 2026

The motion judge next determined that HSTC was immune under N.J.S.A. 59:4-10. … The doctrine is clearly implicated here.