Case law
Opinions from 1658 to today.
5,442 results
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STATE 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 timesUnpublishedState of New Jersey v. Eddie Roberson
New Jersey Superior Court Appellate Division · Dec 3, 2025
The trial court granted the State's motion for a discretionary extended term, finding defendant qualified as a persistent offender. … Fritz, 105 N.J. 42, 58 (1987) (adopting the standards established in Strickland).
Cited 0 timesUnpublishedHIDDEN OAK WOODS, LLC VS. P&F GIANCOLA (C-000140-17, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 26, 2021
So we don't think it's preexisting, but even if it were, clearly [it] can't be expanded into the front yard with used car sales going up front." … To qualify for a nonconforming use, the property owner "may apply in writing for the issuance of a certificate certifying that the use . . . existed before the adoption of the ordinance which rendered the use . . .
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. CHARLES P. MCCOY(11-03-0187, CUMBERLAND COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 4, 2017
Defendant claims the evidence was insufficient to establish that he possessed the single MDMA pill found in the bowl on the dining room table. … To be sure, defendant has many prior involvements with law enforcement and qualified as a persistent offender subject to the extended term the court imposed.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 21, 2024
Thus, revocation of the permits was clearly permissible and, indeed, warranted. … Because forfeiture under N.J.S.A. 2C:58-3(f) is clearly impermissible, as in M.U., we reverse the judge's order compelling the forfeiture and sale of P.F.C.'
Cited 0 timesUnpublishedIN THE MATTER OF REGISTRANT R.S. (ML-18-12-0009, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Aug 12, 2021
Zgoba was qualified as an expert in criminology and empirical research. … The court stated the record did not clearly and convincingly show that R.S.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. C.M. (19-11-0614, CAPE MAY COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Oct 15, 2021
Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a guilty plea "only if there was an abuse of discretion which renders the [trial] court's decision clearly erroneous." … The judge determined defendant failed to establish a colorable claim of innocence, the first Slater factor.
Cited 0 timesUnpublishedESMAY PARCHMENT VS. CITY OF EAST ORANGE(L-182-12, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 17, 2017
Under various legislative schemes, New Jersey has formally recognized qualified entities as self-insurers. … Plaintiff has not established that indemnification was necessary to fulfill the parties' expectations.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 11, 2020
Allison Strasser Winston, who was qualified at trial as an expert in the field of psychology with an emphasis on parental fitness and bonding, for an evaluation. Dr. … To establish an ineffective assistance of counsel claim in matters involving the termination of parental rights, a defendant must meet the two-prong test established in Strickland v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TYRICK MIRANDA (15-02-0248 AND 16-06-1052, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 2, 2020
The judge noted that the certain persons statute requires proof that defendant had a "prior qualifying conviction." See N.J.S.A. 2C:39-7(b)(1). … The testimony was only intended to establish C.D.'s relationship with defendant.
Cited 0 timesUnpublishedState of New Jersey v. Antony T. Shields
New Jersey Superior Court Appellate Division · Jun 23, 2026
The basic concepts of accomplice liability relevant to our discussion are well established. … Hence, any Rule 404(b) violation was not "clearly capable of producing an unjust result." R. 2:10-2. D.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 28, 2025
"Generally, property qualifies for equitable distribution 'when it is "attributable to the expenditure of effort by either spouse" during marriage.'" Genovese v. Genovese, 392 N.J. Super. 215, 225 (App. … ," "not established," or "unfounded."
Cited 0 timesUnpublished412 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Apr 14, 2010
The Legislature's desire to protect *45 abused and neglected children is firmly established. … In fact, the statute grants immunity to persons who make such reports in good faith. N.J.S.A. 9:6-8.13.
Cited 0 timesPublishedSTATE OF NEW JERSEY VS. KEMAL ALBUT (09-04-0422, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 14, 2020
Elders, 192 N.J. 224, 244 (2007) ("A trial court's findings should be disturbed only if they are so clearly mistaken 'that the interests of justice demand intervention and correction.'"). … The pretrial memorandum sets forth the pending charges, maximum possible sentence on each charge, whether defendant qualifies for an extended term, maximum parole ineligibility period, and the State's final plea offer.
Cited 0 timesUnpublished453 N.J. Super. 539 · New Jersey Superior Court Appellate Division · Mar 8, 2018
For that reason, "a trial court ... grants a motion for a new trial only 'if, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that … "A trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, LP v. Twp.
Cited 5 timesPublishedNew Jersey Superior Court Appellate Division · Jun 3, 2019
In fact, the statute grants immunity to persons who make such reports in good faith. N.J.S.A. 9:6-8.13. [N.S., 412 N.J. … s contact with the children established by the trial court are to remain in place until further order of the trial court.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 28, 2019
DeJong was qualified as an expert in pediatrics and child abuse. … The burden shifts only where "the facts clearly established that abuse occurred." Ibid. Here, there was no uncertainty as to the nature, cause, or severity of Gabriel's injuries.
Cited 0 timesUnpublished434 N.J. Super. 163 · New Jersey Superior Court Appellate Division · Sep 27, 2013
The burden falls on the party challenging the legislation “to demonstrate clearly that it violates a constitutional provision.” Lewis, supra, 188 N.J. at 459 , 908 A.2d 196 (citing Caviglia v. … Notably, many of the pronouncements establishing these policies mention consultation *214 with the Attorney General of the United States.
Cited 19 timesPublishedSTATE OF NEW JERSEY v. WHEN PIGS FLY, LLC (15-11-19, SUSSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 25, 2022
The trial court then considered whether drones, model airplanes, or remote-controlled airplanes qualify as "airplanes" or "aircrafts" under the applicable resolutions and ordinances. … However, we are not bound by a trial court's interpretations of either the law or the legal consequences that flow from established facts. See Manalapan Realty L.P. v. Twp.
Cited 0 timesUnpublishedMarlon Valdez-Martinez v. Parksite, Inc.
New Jersey Superior Court Appellate Division · Feb 27, 2025
Mizel was qualified as an expert in construction site management and general industry standards related to OSHA. … [And] noncompliance with an industry standard does not conclusively establish negligence." Id. at 406.
Cited 0 timesUnpublished
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