Case law
Opinions from 1658 to today.
5,442 results
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STATE OF NEW JERSEY VS. DAVID RICHARDSON(10-10-0860, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 12, 2017
For an out-of-court statement to qualify for admission under N.J.R.E. 803(c)(3), "the declarant's state of mind must be 'in issue.'" State v. McLaughlin, 205 N.J. 185, 206 (2011) (citation omitted). … s texts were admissible under N.J.R.E. 803(c)(3) to establish defendant's state of mind was clearly in error. See McLaughlin, supra, 205 N.J. at 206; Benedetto, supra, 120 N.J. at 257.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 2, 2020
To qualify as "fresh-complaint evidence," "the victim's statement must have been made spontaneously and voluntarily, within a reasonable time a fter the alleged assault, to a person the victim would ordinarily turn to for … The recording established Greg penetrated Ida's vagina, and, thus, the primary issue at trial was whether Greg acted with consent or force or coercion.
Cited 0 timesUnpublished320 N.J. Super. 425 · New Jersey Superior Court Appellate Division · Apr 22, 1999
The newly scheduled date, October 16, 1996, at 9:00 a.m., was emphatically established "with no further adjournments." … Only two instances are even remotely eligible for such treatment, and neither, on analysis, qualifies.
Cited 28 timesPublishedNew Jersey Superior Court Appellate Division · Jan 16, 2020
Nevertheless, Yilmaz maintained plaintiff was not qualified for any post- Redesign accounting roles and noted plaintiff was "doing the bare minimum" in 2014. … The right to call an adverse party to the stand was established by N.J.S.A. 2A:81-6.
Cited 0 timesUnpublishedCONSTANTINE ZOIS VS. KEAN UNIVERSITY (L-2741-15, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 6, 2020
The trial court correctly concluded that plaintiff did not establish a prima facie case of age discrimination. … New Jersey courts utilize the framework established in McDonnell Douglas Corp. v.
Cited 0 timesUnpublishedW.A.D. VS. R.M.C. (FD-07-4283-15, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Oct 5, 2018
and established that she is a psychological parent to G.M. … "clearly loves both parties," but his teachers reported that he requested plaintiff when he was upset. In addition, Dr.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 26, 2026
"A court abuses its discretion when a decision 'is "made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis."'" Terranova v. Gen. Elec. … Indeed, such an extreme remedy will "clearly require the [a]ssignment [j]udge to do more than conclude [the party's] prior complaints were frivolous." Rosenblum, 333 N.J. Super. at 396.
Cited 0 timesUnpublishedDcpp v. A.M.K. and H.B., I/M/O the Guardianship of J.A.B.
New Jersey Superior Court Appellate Division · Jan 23, 2024
Loving was qualified as an expert in clinical and forensic psychology. … Additionally, the right to self-representation must be invoked clearly and unequivocally. Id. at 132.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LOUIS VEIRA (17-05-1285, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 14, 2019
To qualify for admissibility under the rule, the State must meet the following conditions: (1) the statement must have been made in furtherance of the conspiracy; (2) the statement must … Plain error is an error "clearly capable of producing an unjust result." State v. Prall, 231 N.J. 567, 581 (2018) (quoting R. 2:10-2).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 13, 2021
"Charges need not be identical to qualify as 'similar' for purposes of joinder under Rule 3:7-6." State v. Sterling, 215 N.J. 65, 91 (2013). … Any error will be disregarded unless clearly capable of producing an unjust result. The trial court gave a multiple charges instruction.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 13, 2020
The client for the assignment is [plaintiff] . . . , and the intended use is for establishing the '[AFMRV]' as of . . . June 12, 2019." … However, it was not in dispute and both parties agreed that Linfante was an experienced and qualified appraiser, so we see nothing to preclude plaintiff's new arbitrator from considering Linfante's report for what it is—an
Cited 0 timesUnpublishedState of New Jersey v. John L. Williams
New Jersey Superior Court Appellate Division · Feb 22, 2024
POINT II IT WAS PLAIN ERROR TO ALLOW THE EXPERT WITNESS TO TESTIFY REGARDING THE USUAL CONDUCT AND STATE OF MIND OF DRUG USERS AND ADDICTS, WHEN SHE WAS NOT QUALIFIED AS AN EXPERT WITNESS IN THAT AREA, SHE ADMITTED HER LACK … The record does not establish the jury ignored the judge's curative instruction in this case.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. RONRAY L. HARRIS (17-05-0307, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 14, 2022
In addition, there was nothing suggesting defendant suffered any injury, whereas Saunders clearly suffered seriously bleeding wounds to his arm and back. … In the context of discussing whether mutual combat can give rise to a passion/provocation defense in a murder prosecution, the Court in Crisantos noted the common law qualifier that "the contest must have been waged on
Cited 0 timesUnpublishedSHIRLEY POLANCO, ETC. VS. STAR CAREER ACADEMY (L-0415-13, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 17, 2020
The director assured her that graduating from the program would qualify her under the ST law, and the director of externships for defendants' Clifton campus also told plaintiff that defendants' ST program was accredited … The court clearly considered the difficulties in conducting "hundreds of mini-trials" to address the differing claims and rejected plaintiff's proposal, a result we determine was not an abuse of discretion.6 6 In
Cited 0 timesUnpublishedDcpp v. R.H., in the Matter of the Guardianship of L.H.
New Jersey Superior Court Appellate Division · Apr 25, 2025
DCPP's strategic choice to not call Laura's grandmother at trial was not clearly capable of producing an unjust result. B. … As to alternatives, the record shows that DCPP investigated kinship legal guardianship (KLG) alternative options, but no family members qualified.
Cited 0 timesUnpublishedLIDIA MONGAY SOLER VS. JEFFREY G. STARK (FM-20-1855-16, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 6, 2019
We reverse only if there is "'a denial of justice' because the family court's 'conclusions are [] "clearly mistaken" or "wide of the mark."'" Parish v. Parish, 412 N.J. Super. 39, 48 (App. Div. 2010) (quoting N.J. … Super. at 91, and the record is otherwise bereft of evidence permitting a determination that plaintiff qualifies as the custodial parent entitled to make that decision, see, e.g., Holst-Knudsen v. Mikisch, 424 N.J.
Cited 0 timesUnpublishedIn the Matter of the Guardianship of R.A.J.
New Jersey Superior Court Appellate Division · Apr 28, 2017
To establish such a right, a parent must demonstrate it arises from the right of procedural due process. … Our Court Rules generally grant natural persons the right to appear without an attorney in a matter that directly affects them: A person not qualifying to practice [law] pursuant to the first paragraph
Cited 0 timesPublishedState of New Jersey v. Gregory D. Prior
New Jersey Superior Court Appellate Division · Feb 29, 2024
The video did not clearly show the individual exiting the white car. … Thus, the judge concluded defendant "most certainly" qualified as a persistent offender under N.J.S.A. 2C:44-3(a) and satisfied the criteria for a discretionary extended term sentence.
Cited 0 timesUnpublishedChattin v. Cape May Greene, Inc.
216 N.J. Super. 618 · New Jersey Superior Court Appellate Division · Jan 30, 1987
The thirteen plaintiffs found to qualify under these criteria were awarded additional "punitive damages" of $156,702, representing double the full replacement cost of their windows as determined by the jury (the consumer … It is well established that a motion for a directed verdict should be denied "... if, accepting as true all the evidence which supports the position of the party defending against the motion and according him the benefit
Cited 44 timesPublishedNew Jersey Superior Court Appellate Division · Dec 23, 2021
Indeed, in Herbert, we did not overrule well-established principles enunciated by our Supreme Court. … Kless's reference to the ski masks – although clearly improper – was fleeting and inconsequential.
Cited 0 timesUnpublished
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