Case law
Opinions from 1658 to today.
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AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 13, 2021
Their statements still qualify as those of a party-opponent under the rule, because personal knowledge is not required. See Parker v. Poole, 440 N.J. Super. 7, 19 (App. … The excluded evidence was clearly capable of convincing the jury to assign slightly more responsibility to Williams and slightly less to Hassan.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 20, 2019
"[T]he preservation and 2 On appeal, Bobby has not argued that the Division failed to establish prongs one and two of N.J.S.A. 30:4C-15.1(a). … As noted, Bobby argues that the trial court erred in concluding the Division proved the third prong because the court "misapplied the prevailing legal standards," and the evidence failed to clearly and convincingly establish
Cited 0 timesUnpublishedIN THE MATTER OF WILLIAM ABLE, CITY OF NEWARK (NEW JERSEY CIVIL SERVICE COMMISSION) (CONSOLIDATED)
New Jersey Superior Court Appellate Division · Jun 14, 2021
The ALJ concluded that "there were no clearly established protocols for how to dispose of school property that was in disrepair" and "there was no formal training for the custodians with respect to disposal of school property … Here, the ALJ concluded based on the record evidence that Able's conduct did not qualify as a theft, he was unaware of any policy which required authorization for him to dispose of the lockers under the circumstances,
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LARRY AUSTIN (11-03-0410, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 25, 2017
Second, "a defendant must also establish that the ineffectiveness of his attorney prejudiced his defense." Ibid. … Super. at 613 (questioning whether even "a confession qualifies as 'cooperation' within the intent of" N.J.S.A. 2C:44-1(b)(12)).
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOSEPH J. TALAFOUS (16-05-0072, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 10, 2020
Notably however, defendant did not argue that expert testimony was necessary to establish the value of his professional services. … prosecutor addressed this contention, arguing: it was not obligated to present testimony regarding the reasonableness of defendant's attorney fees; the evidence was sufficient for the jury to have found theft; and the jury clearly
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 9, 2021
She recommended that Jennifer be seen by a qualified mental health provider for evidence-based, trauma-focused therapy for her history of sexual abuse and witnessing domestic violence. Dr. … Our review of a trial court's finding of abuse or neglect is guided by well- established principles.
Cited 0 timesUnpublishedState of New Jersey v. Juan C. Hernandez-Peralta
New Jersey Superior Court Appellate Division · Mar 8, 2024
As the offenses to which defendant pled guilty "likely qualified as aggravated felonies making deportation virtually certain" under Gaitan, 200 N.J. at 359, the court found the obligation to advise defendant of that consequence … The court also concluded defendant established he had been prejudiced by the representation.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 31, 2018
"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." … "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.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 2, 2020
In addition, the court's initial indication was accompanied by a clearly stated caveat that the court required additional time to consider the record. … Plain error is that which is "clearly capable of producing an unjust result." State v.
Cited 0 timesUnpublishedJENNIFER DENNIS VS. ST. PETER'S UNIVERSITY HOSPITAL (L-2505-17, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 26, 2021
An error is harmful when it is "clearly capable of producing an unjust result." Ibid. (quoting R. 2:10-2). … Nor is it established by expert testimony. See Largey, 110 N.J. at 214; see also Kimmel v. Dayrit, 301 N.J. Super. 334, 352-53 (App.
Cited 0 timesUnpublishedH AND H MANUFACTURING COMPANY, ETC. VS. MARK TOMEI (L-4972-19, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 29, 2021
It doesn’t get any . . . more clearly adverse." In reaching that conclusion, the judge rejected defendant's argument that there was no adversity because Paul Bucco and Davis Bucco represented H&H "in name only." … The appellate court found defense counsel's representation established "a clear violation of [RPC] 1.9(a) on its face." Id. at 578.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 24, 2025
"A trial judge must state clearly the factual findings and correlate them with relevant legal conclusions . . . so that parties and the appellate courts may be informed of the rationale underlying the conclusion." … has held that "not only may one sufficiently egregious action constitute domestic violence under the [PDVA], even with no history of abuse between the parties, but a court may also determine that an ambiguous incident qualifies
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 3, 2019
Jeffrey, who was qualified as an expert in clinical and forensic psychology. David testified, but he failed to proffer any expert opinion or documentary evidence. … Based on the trial record, we are satisfied that the court correctly determined that the Division clearly and convincingly satisfied prong three, and we reject David's claims that additional services, including financial
Cited 0 timesUnpublishedState of New Jersey v. Jimmy German
New Jersey Superior Court Appellate Division · Nov 13, 2025
Now I'm not gonna get into the medical stuff because obviously my client is not qualified, but I think it's part of his history so it is appropriate for me to bring out, you know, some … We hold only that defendant has not established grounds in this appeal for our intervention with respect to the denial of his motion to suppress his confession. IV.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 19, 2019
Such alternatives may include placement of the child with a relative caretaker, N.J.S.A. 30:4C-12.1(a), or the establishment of KLG, N.J. Div. of Youth & Family Servs. v. L.L., 201 N.J. 210, 222 (2010). … Judge Einbinder was clearly concerned that the Division had not yet secured a pre-adoptive placement for Adam. Nevertheless, relying largely on Dr.
Cited 0 timesUnpublishedIN THE MATTER OF L.S. (NEW JERSEY CIVIL SERVICE COMMISSION) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Mar 7, 2022
s appeal to this court is clearly timely under Rule 2:2-3(a)(2). … The Act also vests in the Commission the authority to "establish, by rule, procedures for hearings and suspensions with or without pay." N.J.S.A. 11A:2- 13.
Cited 0 timesUnpublishedJEFF CARTER VS. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS (GOVERNMENT RECORDS COUNCIL)
New Jersey Superior Court Appellate Division · Dec 10, 2019
Thus, OPRA establishes "a comprehensive framework for access to public records." Mason, 196 N.J. at 57. … This court noted that the request was "confined to a specific subject matter that was clearly and reasonably described with sufficient identifying information[.]" Id. at 176.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 19, 2019
The appellate scope of review is expanded when the "trial judge is clearly mistaken and his [or her] decision so plainly unwarranted that the interests of justice demand intervention and correction." N.J. … The record supports the judge's factual findings and conclusion that the Division established prong four by clear and convincing evidence.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. RICO PARKS (12-06-0475, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 16, 2021
Moreover, defendant did not present an affidavit or certification of a qualified medical professional averring that Wilson died due to her pre- existing medical conditions. … The record clearly highlights that, after being informed of his right to testify on his own behalf and given the opportunity to consult with trial counsel, defendant expressly told the judge that he was waiving his right
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 9, 2021
She recommended that Jennifer be seen by a qualified mental health provider for evidence-based, trauma-focused therapy for her history of sexual abuse and witnessing domestic violence. Dr. … Our review of a trial court's finding of abuse or neglect is guided by well- established principles.
Cited 0 timesUnpublished
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