Case law
Opinions from 1658 to today.
5,442 results
1.35s
New Jersey Superior Court Appellate Division · Oct 4, 2017
To qualify as "relevant material," the evidence must have "'a 8 A-2023-15T2 tendency in reason to prove or disprove [a] fact of consequence … We read Rule 3:13-3(b)(1) to imply a duty to preserve evidence pre-indictment, at least where the item is clearly destined for post-indictment disclosure and a
Cited 0 timesUnpublishedB.L.D. v. C.M.C. (FV-19-0066-21, SUSSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 21, 2022
Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions." Curtis, 83 N.J. at 570. … Moreover, even if the evidence was admitted in error, we do not find its admission was clearly capable of producing an unjust result. R. 2:10-2.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 22, 2017
The medical evidence established that he had a severe psychotic disorder, a conduct disorder, and a severe cognitive disability. … Where the 4 Effective April 1, 2013, DCF redefined the investigative findings for "substantiated" and "unfounded" and added two intermediary investigative findings of "established" and "not established."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 8, 2019
The testimony of the State's experts clearly demonstrates appellant continues to have mental abnormalities that pose a serious danger that he will sexually reoffend if released from the STU. Although Dr. … The Supreme Court declined to establish a precise standard for the degree of "lack of control" that must be proven. Ibid.
Cited 0 timesUnpublishedState of New Jersey v. Jamil S. Hubbard
New Jersey Superior Court Appellate Division · May 7, 2026
The Miranda warnings were thus established to combat these pressures. Ibid. … The Court has qualified, however, "[i]f the questioning is simply part of an investigation and is not targeted at the individual because [they are] a suspect, the rights provided by Miranda are not implicated."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 19, 2018
And I . . . remember very clearly oral argument on the prior motion that . . . … [was] not essential to the establishment of plaintiff's right to recover based on breach of contract.” Id. at 342.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 27, 2018
"When the credibility of witnesses is an important factor, the trial court's conclusions must be given great weight and must be accepted by the appellate court unless clearly lacking in reasonable support." N.J. … Betty argues the fourth prong was not established because she never harmed John, but instead fed him, changed his diapers, and displayed affection during visitation, and claims Dr.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MARK WILLIAMS (14-01-0052, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 21, 2017
The Court explained that experts are "no better qualified than a juror to determine the defendant's state of mind after the expert has given testimony of the peculiar characteristics of drug … Measured against this standard,6 Bachok's challenged testimony was clearly inadmissible insofar as it exceed Cain's limitations.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 7, 2021
The Division determined the allegations of abuse or neglect against Laura were not established. In December 2017 and January 2018, Dr. … Weiner, who was qualified as an expert in medicine and pediatric child abuse and neglect, testified none of defendants' explanations "reasonably account[ed] for [Cara's] femur fracture." 17 She explained Cara's particular
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LARRY DUKES (17-06-0718, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 26, 2021
It is well-settled that a videotape "qualifies as a writing" and "must be properly authenticated" to "be admissible in evidence . . . ." State v. … Clearly, they had the "requisite knowledge of the facts represented" in the video. Ibid.
Cited 0 timesUnpublishedMHA, LLC, ETC. VS. HEALTHFIRST, INC. (L-6822-13, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 3, 2018
On May 25, 2016, the Law Division granted defendants' motion and issued a written opinion and order dismissing plaintiff's complaint with prejudice.2 However, the court qualified the with- prejudice dismissal, … the statute dictates that the administrative remedies are elective rather than mandatory, and that a statute cannot be construed to eliminate an existing right unless it does so explicitly and clearly
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DANIELE G. ROMEODISANTILLO (15-12-2378, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 5, 2019
Analysis of the victim's stomach contents established he had eaten within an hour before his death. … Such errors have to be clearly capable of producing an unjust result. See R. 2:10-2.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. PEDRO C. ANICAMA (06-16, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 13, 2018
Under a work release program, qualified prisoners may be employed outside the jail, but when not working, they must be confined to the jail." … "It is a well established precept of statutory construction that when two statutes conflict, the more specific controls over the more general." N.J. Transit Corp. v.
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Jun 12, 2019
In fact, according to the judge's description, the only clearly audible portion was the prayers at the end of the tape. … A-0269-17T4 17 "A hearsay statement qualifies as an adoptive admission if two criteria are satisfied." Ibid.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 15, 2020
Plaintiff does not point to any evidence establishing Ruiz was a member of defendant's upper management. … Plaintiff's counsel's original certification was clearly misleading and intended to suggest that contemporaneous time records were maintained.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 9, 2022
It accordingly cancelled Atlantic's contracts on those lines and directed they be awarded to the next qualified bidder. … Atlantic contends the remedy established in the September 2019 decision indicates it "did not seek to intentionally provide misleading or false information, otherwise poorly perform a contract, or have a contract cancelled
Cited 0 timesUnpublishedCITY OF CAMDEN VS. CWA LOCAL 1014 (L-1345-17, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 26, 2018
CBA Article XV.B provides that continued health benefits for a retiree "is established by Chapter 57 of the Camden Code." … The competent evidence in this case shows clearly that Wearing retired to care for his son. We are satisfied the arbitration award did not contravene a clear mandate of public policy.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 7, 2020
Additionally, all of the physicians on CentraState's medical staff who would be responsible for performing primary PCI procedures are already qualified to do so, and perform them frequently at other facilities. … N.J.A.C. 8:33E-1.15(a)(1) clearly requires that low-risk cath labs seeking to submit a CN application to become full-service cath labs must demonstrate a compliance with all State licensure requirements including "compliance
Cited 0 timesUnpublishedGeorge Vetter and Deborah Vetter v. Township of Warren
New Jersey Superior Court Appellate Division · Dec 3, 2024
"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 fails to establish counsel was unaware of applicable statutes, or that her failure to raise a constitutional challenge demonstrates deficient performance affecting the outcome.
Cited 0 timesUnpublishedRAYMOND TREPKAU VS. ST. CLARE'S HOSPITAL(L-1686-14, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 24, 2017
Botchco[3] was not qualified to opine as to the provision of nursing services in an emergency room setting. … Given the paucity of competent material facts concerning this issue, the judge's decision to dismiss plaintiff's complaint with prejudice was clearly erroneous.
Cited 0 timesUnpublished
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