Case law

State v. Sivo

341 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Apr 12, 2000

Because this panel has indicated, clearly indicated they wish to explore that, we will, in fact, explore that with the panel. … This is particularly so before the grand jury, where the prosecutor operates without the check of a judge or a trained legal adversary, and virtually immune from public scrutiny.

In Re Stormwater Management Rules

384 N.J. Super. 451 · New Jersey Superior Court Appellate Division · Apr 12, 2006

N.J.S.A. 13:13A-1 to -15; the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29; and the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, have expressly granted DEP authority to plan land development, or clearly … designated by the department pursuant to the "Water Pollution Control Act," . . . or any other law, or any rule or regulation adopted pursuant thereto, for major Highlands development or for other development that does not qualify

County of Monmouth v. Communications Workers of America

300 N.J. Super. 272 · New Jersey Superior Court Appellate Division · Apr 22, 1997

Historical Development Case law interpreting the relevant statutes before the recent amendment to N.J.S.A 34:13A-5.3 states clearly that PERC should not have based its decisions on the distinction between police and non-police … The Protection Act provided enhanced sentences for murderers convicted of killing law enforcement officers but who escaped the death penalty; it amended the New Jersey Tort Claims Act by extending immunities for law *292

Apfel v. Budd Larner Gross Rosenbaum Greenberg & Sade

324 N.J. Super. 133 · New Jersey Superior Court Appellate Division · Jul 27, 1999

Those principles, however, as subsequently limited and explained in Weiss , clearly have no application here. … However, in Weiss , the Court qualified and severely limited that proposition.

In the Matter of Paul Williams, Township of Lakewood

443 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jan 25, 2016

Established precedents guide our task on appeal. Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). … Thus, this order clearly violated 42 U.S.C.A. § 12112(d)(4)(A).

IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC. (NEW JERSEY DEPARTMENT OF HEALTH) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Nov 25, 2020

N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer from one of the enumerated conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. … This includes establishing a registry of qualified patients and issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7.1; Natural Med., 428 N.J.

IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC. (NEW JERSEY DEPARTMENT OF HEALTH) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Nov 25, 2020

N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer from one of the enumerated conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. … This includes establishing a registry of qualified patients and issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7.1; Natural Med., 428 N.J.

State v. Goodman

415 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Aug 9, 2010

And it's not a decision whether or not I would find that it clearly or convincingly establishes motive beyond a reasonable doubt. I don't think that that's a decision that I can come to. … The evidence at issue, the letter and the statement, was clearly relevant to demonstrate consciousness of guilt.

State v. Carroll

242 N.J. Super. 549 · New Jersey Superior Court Appellate Division · Jul 23, 1990

This argument is clearly without merit and does not require extended discussion. R. 2:11-3(e)(2). … The record clearly indicates that defendant initiated the discussions with the F.B.I. agents leading to his inculpatory statement.

Gough v. State

285 N.J. Super. 516 · New Jersey Superior Court Appellate Division · Nov 17, 1995

Appellant apparently added to the oath, "qualify[ing]" it before he signed it. His qualifying amendments to the oath are not in the record before us. … Richardson, 405 U.S. 676 , 92 S.Ct. 1332 , 31 L.Ed. 2d 593 (1972), the United States Supreme Court reviewed prior decisions which involved challenges to oaths and which had resulted in a certain amount of clearly settled

NJ BLDRS. ASS'N v. Dept. of Environmental Protec.

169 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Jun 12, 1979

In other words, the finding of the Commissioner of DEP of a need of establishment of standards for water quality and septic systems control is clearly supported by ample credible evidence in the record. … The testimony of John Murphy of the United States Geological Survey, a qualified expert with relation to the ground water of the Central Pine Barrens, demonstrated the adequacy of DEP's data for ground water quality.

VINELAND CONSTRUCTION CO., INC. v. Township of Pennsauken

395 N.J. Super. 230 · New Jersey Superior Court Appellate Division · Jul 27, 2007

Plaintiff also argues that critical factual findings by the trial court were clearly erroneous. We reject these arguments. … N.J.S.A. 40A:12A-8(c) clearly establishes a statutory limitation on the right of eminent domain in New Jersey, by requiring that before land can be acquired by condemnation that the condemning authority demonstrate that it

State v. J.Q.

252 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Nov 14, 1991

The issue is whether the evidence, although not established at trial to be so, was, in fact, reliable. … Absent a question of capacity, an expert is no better qualified than a lay person to assess the credibility of a witness. See Biro v. Prudential Ins.

Biniek v. Exxon Mobil Corp.

358 N.J. Super. 587 · New Jersey Superior Court Appellate Division · Feb 5, 2002

The summary judgment standard requires the moving party to establish there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. … Clearly such conduct differs from the factual scenario with which the court is now faced. [4] With the obvious exception of Sarno , of course. 99 N.J.L. at 342 , 124 A. 145 .

State v. Lazarchick

314 N.J. Super. 500 · New Jersey Superior Court Appellate Division · Sep 3, 1998

Defendant points out that the interim procedure established in Storm was not followed in the present case. … It is of a piece with their authority to establish policies governing the conduct of the law enforcement function, and to decide who qualifies for employment therein and when disqualification standards ought to be applied

AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 13, 2021

Hassan would need to establish that Cates's or Witter's statements were "so far contrary to . . . … The excluded evidence was clearly capable of convincing the jury to assign slightly more responsibility to Williams and slightly less to Hassan.

CHERI LANE VS. CITY OF CAMDEN (L-3958-15, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 5, 2019

A-0556-17T1 6  The district court found the individual defendants were entitled to qualified immunity, shielding them from "liability for civil damages," see also Pearson v. … immunity related to the alleged use of force resulting in Albert's death.

HITCHMAN EX REL. BROWN v. Nagy

382 N.J. Super. 433 · New Jersey Superior Court Appellate Division · Jan 23, 2006

Counsel, I called you into chambers a few minutes ago, and I advised you of the fact that in his direct examination at the very beginning after he was qualified as an orthopedic surgeon by the court, in response to really … Clearly, a trial judge may intervene in the interest of assuring a fair trial.

Golaine v. Cardinale

142 N.J. Super. 385 · New Jersey Superior Court Appellate Division · May 18, 1976

the holder of a public office during his term, nevertheless, and based upon the general theory that an office holder accepts his office on the implied condition of his faithful execution of its obligations, it is a well established … A. 2A:81-17.2a1 (every public employee removable for failure to testify on a grant of use immunity). And cf. N. J. S.

Secure Heritage, Inc. v. City of Cape May

361 N.J. Super. 281 · New Jersey Superior Court Appellate Division · Jun 24, 2003

"[A] heavy burden is placed on the party attacking the classification to show that it clearly lacks a rational relationship to a legitimate state objective." Ibid. … "adhering to the costs guideline established in [ Slocum ] would ensure that the City is charging a `reasonable' fee for beach tags.["] The Budget Review Team did not recommend that a separate utility fund be established.