Case law
Opinions from 1658 to today.
5,442 results
2.41s
STATE OF NEW JERSEY VS. AHMAD TAYLOR (11-05-0958, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 9, 2018
Furthermore, to establish a prima facie case for relief, a defendant must establish a reasonable likelihood that he or she will ultimately succeed on the merits, "viewing the facts alleged in the light most favorable to … To establish a prima facie case of ineffective assistance of counsel defendant must satisfy the two-part test established in Strickland v.
Cited 0 timesUnpublishedM.M. v. STOCKTON UNIVERSITY (L-0176-18, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 25, 2022
The professor provided several reasons for his decision, notably that the nature of the course "is developing the ability to communicate in group discussions, to present ideas clearly, to carefully consider complex ideas … In a failure to accommodate a disability case under the RA and ADA standards, plaintiffs are required to show they "(1) had a disability; (2) [were] otherwise qualified to participate in the activities or program at issue
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. SANTOS MORALES(14-11-1205, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 18, 2017
He has also been qualified as an expert witness on the effect of marijuana ingestion on an individual's ability to drive in hundreds of cases in over twenty-five states, including New Jersey. … Cohn's first report clearly stated that the THC levels found in defendant's blood rendered him "unfit to safely operate a motor vehicle on the highway." In his more detailed, second report, Dr.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 5, 2020
In response to defense counsel's objection at side bar, Judge Borkowski told the jury that Seth's answer was stricken, and it was "purely hearsay[,]" and "an opinion that [Seth was] not qualified to give[.]" … "[A] sentencing court must scrupulously avoid 'double-counting' facts that establish the elements of the relevant offense." Id. at 74–75 (citing State v. Yarbough, 100 N.J. 627, 645 (1985)).
Cited 0 timesUnpublishedTom Brooks, Etc. v. Scott R. Longcor
New Jersey Superior Court Appellate Division · Jan 29, 2025
They were clearly identified according to the . . . reports that I read. … "Clearly, evidence of intoxication is relevant to the issue of negligent driving." Gustavson, 206 N.J. Super. at 544.
Cited 0 timesUnpublishedE.S. VS. H.A. (FM-01-0562-09, ATLANTIC COUNTY AND STATEWIDE)(RECORD IMPOUNDED)(CONSOLIDATED)
New Jersey Superior Court Appellate Division · Aug 15, 2017
See R. 2:10-2 (error "of such a nature as to have been clearly capable of producing an unjust result"). … While finding the defendant's Fifth Amendment arguments to be "compelling," the court concluded the child's interest in permanency outweighed the defendant's rights, and suggested the Legislature should grant "use immunity
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 11, 2019
"Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." … Defendant contends that her temporary lack of stable housing was insufficient to establish harm to Barbara under prong one.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. NICHOLAS F. GARREFFI (15-08-1952, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 13, 2020
Consent to search is, however, an established exception to the warrant requirement. State v. Coles, 218 N.J. 322, 337 (2014). … In Jamerson, the medical examiner was qualified as a forensic pathologist in a case involving an auto accident that resulted in two deaths. Id. at 330.
Cited 0 timesUnpublishedJAMEEL KEARNEY VS. BECKER TERRACE, LLC (F-016241-19, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 9, 2021
The court concluded Becker failed to establish its right to relief under Rule 4:50-1 as it failed to "take the steps . . . necessary to protect itself." … A squatter or trespasser, however, will not qualify as a "legal occupier" of the property. See State v. Linton, 356 N.J. Super. 255, 259 (App.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 7, 2019
He was qualified as an expert in psychology and bonding. The Law Guardian supported the termination of L.R.P.'s parental rights and J.A.T.-P.'s adoption by the resource parent. … The record supports the trial court's finding that the Division clearly and convincingly established that J.A.T.
Cited 0 timesUnpublishedJ.T.S. VS. S.R. (FM-14-1195-15, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 19, 2021
She contends that ample testimony elicited from multiple witnesses conclusively established plaintiff's ongoing drug and alcohol abuse. … Her testimony established that she had a detailed understanding of plaintiff's finances before she entered the marriage.
Cited 0 timesUnpublishedAbel Bantyiwalu v. Melkemaryam Yimer
New Jersey Superior Court Appellate Division · Jan 12, 2026
"Any property owned by a husband or wife at the time of marriage will remain the separate property of such spouse and in the event of divorce will not qualify as an asset eligible for distribution." Painter v. … The standard of living established during the marriage or civil union; e.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 12, 2020
SMG filed an application seeking to establish a pharmacy practice located in the same building where SMG conducts its oncology practice. … We first note that SMG's specialty pharmacy structure is clearly prohibited under the plain language of the Codey Law.
Cited 0 timesUnpublishedKeith Salters, Etc. v. South Mountain Rehabilitation Center, LLC
New Jersey Superior Court Appellate Division · Jun 17, 2025
Lee and Karry were qualified to offer fact testimony about their treatment of decedent. … Courts cannot "rewrite a plainly written statute or . . . presume that the Legislature meant something other than what it conveyed in its clearly expressed language."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 10, 2020
DID NOT MAKE THE STATEMENT WITHIN A REASONABLE TIME AFTER THE ASSAULT, AND IT THEREFORE DOES NOT QUALIFY AS A FRESH COMPLAINT]. 3. [M.P. … When deciding whether to impose concurrent or consecutive sentences, the court considers the following guidelines established in State v.
Cited 0 timesUnpublishedOn-Target Staffing, LLC v. Zurich American Insurance Company
New Jersey Superior Court Appellate Division · Jan 17, 2024
On-Target alleged the initial judge's findings established Perez's van qualified as a covered "non-owned vehicle" under the policy such that Zurich was obligated to provide On-Target a defense in the underlying actions … For example, under the policy's plain language, the determination of whether an auto qualifies as a covered hired auto is dependent on a number of facts.
Cited 0 timesUnpublishedCreative Management, Inc., Etc. v. 7514 Tonnelle Avenue, LLC
New Jersey Superior Court Appellate Division · Dec 6, 2023
Moreover, we review arguments raised for the first time on appeal under a plain error standard, meaning we disregard such errors unless they were "clearly capable of producing an unjust result." R. 2:10-2; State v. … That said, we are mindful that pursuant to N.J.R.E. 1006, a proponent of evidence "may use a summary, chart, or calculation presented by a qualified witness to prove the content of voluminous writings . . . that cannot
Cited 0 timesUnpublished148 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Mar 10, 1977
Preliminarily, it is clear that Eirst Amendment establishment considerations would not have precluded the Legislature from compelling a day of rest for all citizens, qualified only by works of necessity and charity, since … The first of these is predicated on the assertion that the categorization of proscribed goods is so vague and ambiguous that even law enforcement officers do not clearly understand what may be sold and what may not be sold
Cited 1 timesPublishedSTATE OF NEW JERSEY v. YOON S. CHOI (17-05-0264, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 25, 2022
In considering whether the provocation was adequate, it is well established that mere words, even if offensive or upsetting, do not constitute adequate provocation for committing a homicide. State v. … Treating physicians may testify about any subject relevant to a patient's diagnosis, treatment, and prognosis without being qualified as an expert. Stigliano v. Connaught Lab'y, Inc., 140 N.J. 305, 314 (1995).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 23, 2019
However, "[a] trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." N.J. Div. of Youth & Family Servs. v. … That finding is clearly supported by the evidence in the record.
Cited 0 timesUnpublished
Ask Donna