Case law
Opinions from 1658 to today.
5,442 results
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STATE OF NEW JERSEY VS. JOHN D. APPLEBY (17-10-1645, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 12, 2019
Mollicone concluded defendant "clearly fits the DSM[-]5 criteria for a severe substance abuse problem." On August 24, 2018, the Drug Court judge conducted a hearing and denied defendant's admission. … A-1667-18T1 4 the trial court's 'interpretation of the law and the legal consequences that flow from established
Cited 0 timesUnpublishedState of New Jersey v. Keshawn McNeil
New Jersey Superior Court Appellate Division · Oct 15, 2024
Our consideration of this argument is guided by well-established principles. … At the evidentiary hearing, defense counsel testified "the heart of [defendant's] defense" was to establish Marshall lied.
Cited 0 timesUnpublishedIn Re New Jersey State Contract A71188
412 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Apr 14, 2010
The RFP also clearly stated that any subsequent contracts with participating entities would be governed by and construed in accordance with the laws of the participating state. … In other words, appellants and others in their position had no opportunity to position themselves to challenge the specifications or the contract award in accordance with the established law on public contract protests.
Cited 0 timesPublishedIn the Matter of Robert McCauley
New Jersey Superior Court Appellate Division · Jul 11, 2025
There was sufficient credible evidence in the record, including testimony from experts and doctors, establishing that McCauley tested positive for the two drugs and that over-the-counter medication was not the cause of … DOC guidelines clearly require retention of the second sample for at least sixty days regardless of immediate request.
Cited 0 timesUnpublishedFraternal Order of Police v. Del. River Port Auth.
323 N.J. Super. 444 · New Jersey Superior Court Appellate Division · Jul 22, 1999
Initially, he found that Professor Summers was "a highly qualified expert." … It reasons that, as law of the United States, the clear mandate of N.J.S.A. 32:3-5(e), authorizing defendant to establish the duties and compensation of its employees, must be enforced.
Cited 10 timesPublishedNourelhoda Abrahim v. Board of Review
New Jersey Superior Court Appellate Division · Jun 12, 2026
The burden of proof rests with the employee to establish a right to collect unemployment benefits. Brady, 152 N.J. at 218. … "In order to establish good cause, the claimant must have made a reasonable attempt to remove the restrictions pertaining to the refusal." Ibid.
Cited 0 timesUnpublishedIN THE MATTER OF ZORAIDA ROSA, ETC. (NEW JERSEY CIVIL SERVICE COMMISSION)
New Jersey Superior Court Appellate Division · Dec 20, 2021
Rosa asserted she was the most qualified candidate for the position based on her prior experience, satisfactory employment evaluations,1 and lack of disciplinary record. … A-0901-20 8 An aggrieved applicant generally bears the burden to establish that the appointing authority's decision is arbitrary or capricious.
Cited 0 timesUnpublishedState of New Jersey v. Keshawn McNeil
New Jersey Superior Court Appellate Division · Oct 15, 2024
Our consideration of this argument is guided by well-established principles. … At the evidentiary hearing, defense counsel testified "the heart of [defendant's] defense" was to establish Marshall lied.
Cited 0 timesUnpublishedIn re the Admissibility of Motor Vehicle Speed Readings
314 N.J. Super. 211 · New Jersey Superior Court Appellate Division · Jun 13, 1996
Sergeant Ricker testified about the classroom training and field training which State Police officers receive before they are certified as being qualified to use the laser speed detector. … Accordingly, the experience of the State Police does not establish the degree of accuracy of the laser speed detector.
Cited 2 timesPublished371 N.J. Super. 562 · New Jersey Superior Court Appellate Division · Aug 9, 2004
The doctor checked off the box indicating that defendant qualified for SVPA commitment because he suffers from a "mental abnormality (as defined by the Act) or personality disorder that makes the person likely to engage in … s commitment based on expert medical testimony that was to a large measure based on hearsay in the form of opinions of other experts who did not testify, was error, and that such error was "clearly capable of producing an
Cited 24 timesPublishedState of New Jersey v. Jerome Boynton
New Jersey Superior Court Appellate Division · Apr 16, 2025
At trial, in addition to the victim's testimony, the State presented a forensic scientist who was qualified as an expert in DNA analysis. … The judge also found that defendant "failed to show that the outcome would have been different without the purportedly deficient performance" because he "clearly decided to not risk the possibility of a life sentence"
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. C.W.H. (16-07-0617, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 15, 2021
A defendant who does not raise an issue before a trial court bears the burden of establishing that the trial 11 Only an audio recording of the interrogation and a transcript of the statement were presented … "[T]o qualify as fresh-complaint evidence, the victim's statement must have been made spontaneously and voluntarily, within a reasonable time after the alleged assault, to a person the victim would ordinarily turn to for
Cited 0 timesPublishedWilliam E. Coffey, III v. 46 4th Street, LLC
New Jersey Superior Court Appellate Division · Dec 6, 2023
A-0131-22 13 "The Act's 'guiding principle' is 'that immunity from tort liability is the general rule and liability is the exception.'" O'Donnell v. N.J. Tpk. … Nolte is qualified to provide testimony as an expert in the field of engineering, [he] A-0131-22
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 2, 2018
immunity to the DEP and its officials who have been named as defendants in a civil action brought by RDI alleging improper treatment. … Tax Credit Qualified Allocation Plan, 369 N.J. Super. 2, 43 (App. Div. 2004)).
Cited 0 timesUnpublishedState v. Western Union Telegraph Co.
13 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Apr 2, 1951
It would further clothe the corporate defendant with an immunity not enjoyed by the ordinary bookmaker, and provide it with a license to take bets, be a party to bookmaking, and conduct the same practices commonly carried … The sanctions thus apply only when scienter is established. Cf. Gorin v. U.S., supra.
Cited 21 timesPublishedM.F.W. VS. G.O. (FM-14-1249-02, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 2, 2018
Jane submitted an application for financial aid before the Fall 2016 semester began but she did not qualify for needs-based financial aid. She qualified for an unsubsidized student loan of $5500. … One trust was established by her grandmother's will.
Cited 0 timesUnpublishedRICHARD RIVERA, LLC VS. TOWNSHIP OF BLOOMFIELD (L-7478-17, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 9, 2020
To effectuate that purpose, OPRA establishes "a comprehensive framework for access to public records." Mason v. City of Hoboken, 196 N.J. 51, 57 (2008). … The Directive clearly and unambiguously establishes statewide standards for use and retention of BWCs and imposes an affirmative duty on police officers in departments with BWCs to comply with its mandates.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 19, 2018
Hackettstown appeals, contending that plaintiff was not a person "holding any office, position or employment under [its] jurisdiction," as N.J.S.A. 18A:16- 1 A county special services school district is established … A-2425-16T4 2 6 requires to qualify for reimbursement under N.J.S.A. 18A:16-6.1.
Cited 0 timesUnpublishedState of New Jersey v. Terrance v. Nokes
New Jersey Superior Court Appellate Division · May 10, 2024
The Lay Officer Improperly Offered Expert Opinions Without Being Appropriately Qualified And Testified On The Ultimate Issue. … "Elements of a crime, including those that establish its grade, may not be used as aggravating factors for sentencing of that particular crime." State v.
Cited 0 timesUnpublished118 N.J. Super. 38 · New Jersey Superior Court Appellate Division · Jan 7, 1972
The State's witnesses established that defendant emerged from the building and walked a few feet past Tober, who was conversing with a tenant. … The trial judge was clearly right in refusing to allow either of these questions. Counsel may not examine the proposed juror upon his understanding of the law, and that is what these interrogations amounted to.
Cited 16 timesPublished
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