Case law
Opinions from 1658 to today.
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State of New Jersey v. Donqua Thomas
New Jersey Superior Court Appellate Division · Mar 11, 2026
Under the circumstances, we are satisfied Green's testimony was not "clearly capable of producing an unjust result." Id. at 13. IV. … Given the abundance of incriminating evidence, the admission of any net opinion testimony from Otzhy was not "clearly capable of producing an unjust result."
Cited 0 timesUnpublishedState of New Jersey v. Orlando Matos
New Jersey Superior Court Appellate Division · Feb 6, 2025
of court statements to Fernandez "did not have the capacity to produce an unjust result because defense counsel contested the reliability of defendant's statement to Fernandez and there was other evidence . . . that clearly … As Judge Jimenez found, the trial record belies any claim that counsel's cross-examination of witnesses, including Fernandez, fell below the standard of competence or exceeded the bounds of otherwise immunized sound, even
Cited 0 timesUnpublishedState of New Jersey v. Jessica N. Yannacone
New Jersey Superior Court Appellate Division · Sep 23, 2025
Thus, "[i]n order to overturn a prosecutor's rejection, a defendant must 'clearly and convincingly establish that the [p]rosecutor's decision constitutes a patent and gross abuse of discretion[,]'" meaning that the decision … Nwobu, 139 N.J. at 254 (noting "an error in applying guidelines to the facts of the case must be 'clearly unreasonable so as to shock the judicial conscience'" to qualify as a "clear error in judgment") (quoting State
Cited 0 timesUnpublished415 N.J. Super. 301 · New Jersey Superior Court Appellate Division · Aug 13, 2010
The judge ordered defendant to re-establish the level of treatment that had been provided to Rueben prior to the discontinuation of dialysis and also to remove a DNR order that had been placed in his chart. … The qualifying circumstance that makes this matter unique and gives us substantial pause is that Rueben's anoxic injury occurred while he was a patient at defendant.
Cited 72 timesPublished431 N.J. Super. 388 · New Jersey Superior Court Appellate Division · Jun 25, 2013
For example, the owner of an apartment who rents the housing space therein to a tenant would know that the premises is subject to rent control because the ordinance clearly states that it establishes rents for housing spaces … The landlords’ terse argument fails to establish an abuse of discretion by the trial court, see Miller v.
Cited 86 timesPublishedShuttleworth v. City of Camden
258 N.J. Super. 573 · New Jersey Superior Court Appellate Division · Aug 4, 1992
We also do so because "[i]t is well established that the common law right to inspect and examine public documents is not curtailed by the Right to Know Law and the definition of public record at common law is broader than … The Medical Examiner asserts that, although the autopsy report qualifies under both the common law and the RKL as a public record, the trial court erred in ordering its disclosure.
Cited 41 timesPublishedDivision of Youth & Family Services v. M.D.
417 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Jan 12, 2011
When entering a factual stipulation as to a finding of abuse or neglect, the stipulation must contain definite terms and the party’s consent to enter into it must be clearly established. … Defendant has established the first prong of the Striclcland/Fritz test.
Cited 10 timesPublishedMorton Intern. v. General Acc. Ins.
266 N.J. Super. 300 · New Jersey Superior Court Appellate Division · Oct 2, 1991
He began by finding that the State had established plaintiff's liability under a statutory nuisance theory. … Procedures have been established for Ph control and solids removal but none for reduction of BOD and COD.
Cited 25 timesPublishedMICHAEL GIUNTA VS. SHANNON FAHEY (FM-18-0851-19, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 6, 2021
The husband explained that virtually all the job openings for which he would otherwise be qualified include "MBA or CPA preferred" and that he possesses neither credential. … However, considering the wife's present salary of $50,000, "there is clearly a need for [her to receive] alimony." With respect to the wife's earnings, the court deemed Dr.
Cited 0 timesUnpublishedState of New Jersey v. Dennis K. Parrish
New Jersey Superior Court Appellate Division · Apr 10, 2025
s death were particularly heinous, cruel, and depraved: The proofs establish that [T.C.' … The proofs clearly establish that shortly before [T.C.'s] body was discovered in Lawrence Township, Mr.
Cited 0 timesUnpublishedRICARDO MORAN VS. TOWER MANAGEMENT SERVICES (NEW JERSEY DIVISION ON CIVIL RIGHTS)
New Jersey Superior Court Appellate Division · Dec 3, 2018
It is also well established that a landlord may review the tenant's creditworthiness even if the tenant receives Section 8 assistance. Pasquince, 378 N.J. Super. at 595. … Therefore, a remand is clearly appropriate under the unique circumstances of this case.
Cited 0 timesUnpublished409 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Aug 25, 2009
At that proceeding, after reviewing the pre-sentence report, defendant questioned whether the prior conviction relied upon by the State to prove the offense of N.J.S.A. 2C:39-7b qualified as a predicate conviction under the … as here, unlawful possession of a weapon and possession of a weapon by a convicted felon, that they "must be tried separately since proof that defendant was a convicted felon (required in the trial of the latter charge) clearly
Cited 7 timesPublishedGALE L. PICCIONE VS. CHARLES S. PICCIONE (FM-21-0304-08, WARREN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 23, 2021
Cullen stating that "[d]ue to traumatic brain injury, [defendant] is permanently disabled and thus qualifies for a handicapped placard." Defendant also relied on a June 14, 2019 handwritten note from Dr. … "clearly mistaken" or "wide of the mark."'" Parish v. Parish, 412 N.J. Super. 39, 48 (App. Div. 2010) (quoting N.J. Div. of Youth & Fam. Servs. v. E.P., 196 N.J. 88, 104 (2008)).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 24, 2019
The Board rejected the observations of the residents because the photographs Harrison presented clearly contradicted their testimony. … Additional aerial photographs prior to 1952 established there was a parking lot on Lot 3.
Cited 0 timesUnpublishedDcpp v. M.P. and D.S., in the Matter of the Guardianship of L.J.P.
New Jersey Superior Court Appellate Division · Apr 19, 2024
The record clearly establishes that the judge's decision did not solely rely on David's incarceration, and, in fact, the judge found David's behavior when he was at liberty equally significant. … The Division clearly investigated KLG alternative options, but the record demonstrates no family members were interested or qualified. It is also undisputed that Ida is in the care of the resource parents.
Cited 0 timesUnpublishedIn the Matter of the Petition of New Jersey-American Water Company, Inc., Etc.
New Jersey Superior Court Appellate Division · Dec 30, 2024
s Rate Unbundling, 167 N.J. 377, 385 (2001); N.J.S.A. 48:2-46 (a reviewing court may set aside an order of the BPU only "when it clearly appears that there was no evidence before the board to support the same reasonably … Power & Light Co., 85 N.J. 520, 527 (1981), they are not, of course, immune from review.
Cited 0 timesUnpublishedDonna S. Platt v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Nov 25, 2024
whether the record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly … to establish the manner or circumstances under which Winslow controlled her work when court was not in session.
Cited 0 timesUnpublishedFidelity Union Trust Co. v. NJ Highway Auth.
164 N.J. Super. 246 · New Jersey Superior Court Appellate Division · Nov 16, 1978
Allied Steel had a pension plan which was qualified under § 401 of the Internal Revenue Code but which did not provide for vesting of rights in a manner to meet the standards of the Minnesota statute; hence, to close its … The statute did not apply to all employers but only to those who employed 100 or more and also had established a pension plan.
Reversed by Fidelity Union Trust Co. v. New Jersey Highway Authority, 85 N.J. 277 (1981)Cited 2 timesPublishedSTATE OF NEW JERSEY VS. J.S.C. (15-03-0792, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Feb 27, 2019
We consider whether the error was "of such a nature as to have been clearly capable of producing an unjust result." Ibid. (quoting R. 2:10-2). … Thus, the evidence was not elicited to establish that other crimes or wrongs even occurred.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 15, 2021
To satisfy its burden of proving R.H. was a danger to self, the County was required to clearly and convincingly establish that "by reason of" R.H.' … Super. at 119 (explaining an order continuing a civil commitment must clearly and convincingly establish that the danger the patient poses constitutes "a substantial risk of dangerous conduct within the reasonably foreseeable
Cited 0 timesUnpublished
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