Case law
Opinions from 1658 to today.
5,442 results
0.69s
New Jersey Superior Court Appellate Division · Jul 25, 2017
Conlon did not qualify or define what "some" emotional abuse meant. … Adam's claim he was confined to his bedroom for a month, commencing on March 13, 2013, is clearly unfounded. The father's pertinent testimony was as follows.
Cited 0 timesUnpublishedState of New Jersey v. Shawn M. Fenimore
New Jersey Superior Court Appellate Division · Jul 26, 2024
We also determined the "likelihood" or "inevitability" of impoundment was not critical to a Witt analysis and stated, "[r]ather, the clearly-articulated test is whether the vehicle was actually removed from the scene of … The Court found the canine sniff could not qualify as spontaneous because it "was just another step in a multi-step effort to gain access to the vehicle to search for the suspected drugs." Ibid.
Cited 0 timesUnpublishedState of New Jersey v. Jamel Carlton
New Jersey Superior Court Appellate Division · Nov 27, 2024
"Under that standard, an unchallenged error constitutes plain error if it was 'clearly capable of producing an unjust result.'" Singh, 245 N.J. at 13 (quoting R. 2:10-2). … application that established probable cause to justify the warrant.
Cited 0 timesUnpublishedState of New Jersey v. Jamel Carlton
New Jersey Superior Court Appellate Division · Nov 27, 2024
"Under that standard, an unchallenged error constitutes plain error if it was 'clearly capable of producing an unjust result.'" Singh, 245 N.J. at 13 (quoting R. 2:10-2). … application that established probable cause to justify the warrant.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 21, 2024
Cont'l Airlines, Inc., 164 N.J. 38, 66-69 (2000) (discussing minimum contacts needed to establish personal jurisdiction). … K.K. was clearly the prevailing party, having proven that D.W. committed the predicate domestic violence acts harassment and criminal coercion, and the need for the protection of an FRO.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. JERMAINE A. MCFADDEN (13-12-2252, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 6, 2022
To establish prejudice in the context of a negotiated guilty plea, "a defendant must show . . . … "Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOSEPH FONTANEZ (09-06-0493 and 12-05-0329, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 25, 2017
errors were so egregious the [c]ourt should presume 11 A-0684-15T4 prejudice," concluding instead that defendant had "not set forth any . . . arguments that would qualify … THE PCR COURT'S ORDER THAT DENIED DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF MUST BE REVERSED BECAUSE DEFENDANT CLEARLY RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOHN C. VANNESS (13-01-0208, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 26, 2021
This court held defendant's constitutional right to counsel was violated by the trial court's failure to determine whether defendant qualified for a public defender, and its erroneous decision that defendant was capable … not contemplate that [his] conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2); and factor four: "There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JAALIL S. SPRUIEL (13-06-0550, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 6, 2019
He was qualified, without objection, as an expert in the area of Plainfield criminal street gangs and related street gang activity. … Applying these well-established principles, we discern no basis to set aside the jury verdict.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 6, 2017
Although the document may have qualified as a business record, or public record, it was not self- authenticating, nor was a proper foundation laid. See R. 1:6-6. … Nonetheless, the court noted, as we do, that only roughly $900,000 of expenditures were clearly attributed to the school. 7 A-2506-15T2 Century would
Cited 0 timesUnpublishedGONZALO CHIRINO VS. PROUD 2 HAUL, INC. (L-6191-11, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 30, 2017
However, this limitation is "subject to finite, qualified exceptions." Robinson, supra, 200 N.J. at 20. … See Witt, supra, 223 N.J. at 419 (finding "it would be unfair, and contrary to established rules," to decide an issue when the respondent was "deprived of the opportunity to establish a record that might have resolved
Cited 0 timesUnpublishedGINA DORRITY VS. WAKEFERN FOOD CORPORATION (L-3221-16, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 15, 2020
Along with other strategies, the study recommended that Members focus on hiring high school level students for summer part-time work, before hiring qualified student workers for full time positions. … Since the record clearly shows that plaintiff was a Sunrise employee, and not a Wakefern employee, and that Wakefern had no involvement in the discriminatory conduct alleged by plaintiff, the motion court properly granted
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 26, 2019
Dyer's credentials and the court qualified him as an expert in psychology. The court also received Dr. Dyer's report into evidence without objection. … A-1218-18T1 5 As a threshold matter, New Jersey courts "are guided by the principle that 'clearly favors keeping children with their natural parents and resolving care and
Cited 0 timesUnpublishedMITCHELL & ASSOCIATES, INC. VS. PCB APPS, LLC (L-5751-16, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 21, 2021
He was never qualified as an expert witness. Nor is there anything in the record supporting Mitchell's personal knowledge of the joint venture's profits. … To overcome "[t]he presumption of correctness that attaches to a damages award[,]" the party moving for a new trial or additur must "establish, 'clearly and convincingly,' that the award is 'a miscarriage of justice.'"
Cited 0 timesUnpublishedM.W. VS. C.W. (FM-20-0735-19, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 1, 2021
Once again, the judge awarded plaintiff attorney's fees in the amount of $7701, finding defendant was clearly an active and willing participant in the preparation of the "eventual agreement" leading to the MSA as well as … equity' and that decision must be left 2 Rule 702 provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DAEVON DAVIS (16-03-0733, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 15, 2020
That video led Essex County Prosecutor's Office Detective Frank Ricci—who was qualified at trial as an expert in fingerprint analysis—to process "the front windshield on the passenger side within arm[']s reach" for fingerprints … Ricci's detailed and illustrated testimony established that his was not a net opinion.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOHN A. WELLS (15-10-1275, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 19, 2021
"The conduct in question must be unusual and distinctive," and "there must be proof of sufficient facts in both crimes to establish an unusual pattern." State v. Fortin, 162 N.J. 517, 530 (2000) (quoting State v. … Further, it cannot be disputed [defendant] had more than the requisite number of offenses to qualify for an extended term.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 31, 2018
Even when parents are not blameworthy, parental unfitness can be established when their behavior "indicates a further likelihood of harm to the child in the future." Id. at 615-16. … The second evaluation concluded only that Aaron "was qualified for consideration as primary caregiver for [Luna]." Contrary to the parents' assertions, the judge did not rely on the rule-out letters.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TONY ELI (15-10-1241. MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 4, 2020
The applicable standard of review of this evidential issue is well established. … Even if we were to adopt defendant's contentions of error, the alleged errors were not "clearly capable" of depriving him of a fair trial. R. 2:10-2.
Cited 0 timesUnpublishedJEFFREY S. FELD, ESQ. VS. THE CITY OF ORANGE TOWNSHIP (L-4328-15, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 8, 2018
The court found that the municipality established a compelling state interest, because if meetings lasted too long, that might discourage qualified people from serving on City Council and cause members of the public to … Count two clearly was moot to the extent that it claimed the YWCA lease option was invalid without an ordinance.
Cited 0 timesUnpublished
Ask Donna