Case law
Opinions from 1658 to today.
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Nj Div. of Youth and Family Serv. v. Fh
389 N.J. Super. 576 · New Jersey Superior Court Appellate Division · Jan 23, 2007
Thus, the burden of proof on the first prong was clearly met based on the unrebutted medical evidence that the fractures "were the result of non-accidental trauma." … DeBellis was the only medical professional who was qualified, by training and experience, to offer an opinion on this subject.
Cited 62 timesPublishedSTATE OF NEW JERSEY VS. ROSA M. CALLE (17-01-0290, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Apr 9, 2019
Because the "aggravating factors outweigh[ed] the listed mitigating factors," the prosecutor determined defendant did not qualify for admission into the PTI program. … A defendant seeking to overrule a prosecutor's rejection of a PTI application must "clearly and convincingly establish that the prosecutor's refusal to sanction admission into the program was based on a patent and gross
Cited 0 timesUnpublishedState of New Jersey v. Raul Zarco
New Jersey Superior Court Appellate Division · Feb 19, 2025
Ultimately, the Court concluded the officer's opinion did not qualify as a lay opinion and "invaded the fact-finding province of the jury." Ibid.; see also Derry, 250 N.J. … Yarbough, 100 N.J. 627, 642-44 (1985), our Supreme Court established criteria that a sentencing court must consider when deciding whether to impose consecutive sentences.
Cited 0 timesUnpublishedState of New Jersey v. Raul Zarco
New Jersey Superior Court Appellate Division · Feb 19, 2025
Ultimately, the Court concluded the officer's opinion did not qualify as a lay opinion and "invaded the fact-finding province of the jury." Ibid.; see also Derry, 250 N.J. … Yarbough, 100 N.J. 627, 642-44 (1985), our Supreme Court established criteria that a sentencing court must consider when deciding whether to impose consecutive sentences.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 20, 2020
The court qualified De La Cruz as an expert in the field of sexual assault forensic examination. … We discern no plain error that was "clearly capable of producing an unjust result." R. 2:10-2. F.
Cited 0 timesUnpublishedMAIN LAND SUSSEX COMPANY, LLC VS. PRITI SHETTY (L-0480-14, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 8, 2019
Plaintiff presented Timothy King, who was qualified as an expert in accounting, fraudulent transfers, and dissolutions. … R. 2:10- A-5450-15T4 12 2 ("harmless error" is one that was not by nature "clearly capable of producing
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DONALD S. JACKSON (11-01-0001, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 10, 2019
Acknowledging that Angarone's involvement as a fact witness in the federal case "could affect his ability to remain neutral and impartial" as an expert witness in the State case, the court advised the prosecutor that "clearly … Thus, "although persons are entitled to retain qualified counsel of their own choice, there is no right to demand to be represented by an attorney disqualified because of an ethical requirement." Reardon v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 24, 2021
According to FWPA's implementing regulations, N.J.A.C. 7:7A-1.1 to -22.20, the type of activities that specifically qualify for a GP1are minor in scope. … But there is well-established precedent supporting such a prudent course of action.
Cited 0 timesUnpublishedMEDWIN SOTO VS. ICO POLYMERS NORTH AMERICA(L-0467-10, HUNTERDON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 11, 2017
From the July 2007 fire to the July 26, 2008 accident, the evidence shows that the measures taken by management staff at the Asbury facility did not reflect any attempt to adhere to the safety standards Parsons established … The photographs clearly show improper and unsafe equipment and improper installation. Investigators have characterized the incident as a dust explosion.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 16, 2024
Thus, the court concluded the messages were admissible for the purpose of establishing D.B. made the disclosure and the time of the disclosure, but not for the purpose of establishing the truth of the statements she made … "In order to qualify as fresh-complaint evidence, the victim's statement must have been made spontaneously and voluntarily, within a reasonable time after the alleged assault, to a person the victim would ordinarily turn
Cited 0 timesUnpublishedM.S. VS. M.A.S. (FM-18-0670-15, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 7, 2019
7 On January 19, 2018, following oral arguments, the court entered an order accompanied by a written statement of reasons in which it concluded defendant's salary increase since the time the DSA was executed qualified … The DSA, however, does not establish clearly that standard of living, particularly where part of plaintiff's limited duration alimony obligation included "additional" alimony by way of uncertain cash bonuses.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 7, 2019
The record clearly established J.L. is unable A-1497-18T2 16 to care for Maya's significant special needs … The court reiterated that the paternal grandmother is willing to adopt Maya and qualified to meet her day-to- day demands.
Cited 0 timesUnpublishedIn the Matter of Roman Catholic Archdiocese of Newark Sexual Abuse Litigation
New Jersey Superior Court Appellate Division · Jun 15, 2026
An abuse of discretion "arises when a decision 'is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" Flagg v. Essex Cnty. … The Payton Court declined to apply either an absolute or qualified privilege A-1377-25 12 to a "self-critical
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. ANTHONY ROSS (15-06-0865, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 14, 2019
The trial court qualified Jersey City Detective Anthony Goodman "as an expert in the area of narcotics." … Having carefully reviewed the record, we are convinced McVicar's testimony was not clearly capable of producing a verdict that the jury otherwise might not have reached. See R. 2:10-2.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. ANTWON D. MCGRIFF (17-08-0789, CUMBERLAND COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 27, 2021
sentencing judge was not "required to ignore the extent of his criminal history when considering applicable aggravating factors" where it was undisputed that defendant "had more than the requisite number of offenses to qualify … As the judge stated, "[d]efendant's prior record certainly establishes that he's been unable to remain out of criminal trouble for any period of time."
Cited 0 timesUnpublishedIn Re Johnson Development Assoc. Inc., Pi 1112-04-0011.1, Lup220003
New Jersey Superior Court Appellate Division · Mar 12, 2025
Alliance also claimed various wildlife inhabited the Property, specifically the bald eagle, qualifying the surrounding wetlands as a habitat for threatened or endangered species. … On August 10, 2023, NJDEP issued a certificate enlarging the Property's existing conservation easement and establishing a new and separate conservation easement covering "19.75 additional acres of freshwater wetlands,
Cited 0 timesUnpublishedDcpp v. K.N. and Biological Father of E.N., Whomsoever He May Be, in the Matter of E.N.
New Jersey Superior Court Appellate Division · Jan 25, 2024
s actions clearly indicated she did not want counsel. … Moreover, she clearly benefitted by having counsel who, on her behalf, objected to the Division's expert report.
Cited 0 timesUnpublishedKvpr, LLC v. 30-38 Oak Street, LLC
New Jersey Superior Court Appellate Division · Jul 18, 2025
Pickholz believed he was "absolutely" qualified to run a Kidville franchise due to his significant background in business, which included over twenty years' of overseeing and advising businesses, sitting on boards, and … In the absence of a material misrepresentation, plaintiff cannot establish defendants' knowledge or belief of falsity.
Cited 0 timesUnpublishedM.B. v. New Jersey State Parole Board
New Jersey Superior Court Appellate Division · Aug 12, 2025
A-2117-22 12 On February 22, 2023, the Board affirmed the panel's November 2022 decision to deny parole and establish a thirty-six-month FET. … N.J.A.C. 10A:71-3.21(d) further provides that a three-member Board panel may establish an FET outside the guidelines if the presumptive FET is "clearly inappropriate due to the inmate's lack of satisfactory progress in
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 7, 2025
The PDVA establishes protections for victims of domestic violence. … Harassment is one of the qualifying acts under N.J.S.A. 2C:25-19(a)(13).
Cited 0 timesUnpublished
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