Case law
Opinions from 1658 to today.
5,442 results
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STATE VS. M.A.S. (11-11-1183, GLOUCESTER COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jul 6, 2017
An error at trial will be considered reversible only if it is "clearly capable of producing an unjust result." R. 2:10-2. … Defendant has not established that the nurse's repetition of the same information caused him any prejudice.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 14, 2018
KENNEDY QUALIFIED PERSONAL RESIDENCE INTEREST TRUST (FREDERICK KENNEDY, TRUSTEE), THE LOUIS KENNEDY 2002 IRREVOCABLE TRUST, F/B/O LOUIS KENNEDY (FREDERICK KENNEDY, TRUSTEE), THE PATRICIA KENNEDY 2002 IRREVOCABLE TRUST, F/ … Nevertheless, "[t]his rule clearly provides no authority for the trial court's reconsideration of its own orders and judgments." Pressler & Verniero, Current N.J.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 30, 2022
The 2016 complaint clearly qualified as a claim stemming from a wrongful act requiring Ficke to notify RFI of the suit in writing as soon as practicable. … An insurer's unilateral declaration of rights is not enough to establish consent. Sneed v. Concord Ins. Co., 98 N.J. Super. 306, 314 (App. Div. 1967).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 8, 2020
We apply well-established principles of appellate review to the Chancery judge's decision. … That authority clearly was not misapplied here. The result was not unfair to Seven Star, the breaching party.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. GREGORY TANASHIAN (004-08-14, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 3, 2017
Expert testimony only requires that a witness be qualified "by knowledge, skill, experience, training, or education." N.J.R.E. 702. … The United States Supreme Court has made clear "it is not the case[] 17 A-0623-15T4 that anyone whose testimony may be relevant in establishing the
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. L.L. (14-12-1872, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 4, 2021
Clearly, Kendra's bisexuality fell squarely within the definition of sexual conduct. … Miller, 108 N.J. 112, 116 (1987) (merger stems from the well-established principle that an accused who has committed only one offense "cannot be punished as if for two").
Cited 0 timesUnpublishedVerizon New Jersey, Inc. v. Borough of Hopewell
New Jersey Superior Court Appellate Division · Jul 25, 2024
Verizon, for its part, argued the plain language of N.J.S.A. 54:4-1 defining "a local exchange telephone company as a 'telecommunications carrier providing dial tone and access to 51% of a local telephone exchange,'" clearly … Hopewell relies on that traditional definition of a local exchange as one having clearly demarcated territorial boundaries.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 30, 2021
Transitory changes in a borrower's finances are unlikely to qualify as material. … And defendants clearly proposed to prepay the loans only if they could secure the liens' release, so they could sell the properties.
Cited 0 timesUnpublishedRICHARD RIVERA VS. UNION COUNTY PROSECUTOR'S OFFICE (L-2954-19, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 19, 2020
These comprehensive restrictions are clearly designed to preserve the integrity and confidentiality of all IA investigations. … Furthermore, because the common law right of access to documents is qualified, "one seeking access to such records must 'establish that the balance of its interest in disclosure against N.J. Super. 22, 45 (App.
Cited 0 timesUnpublishedROLAND M. NEWLAND VS. MARIA A. NEWLAND (FM-03-0966-15, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 21, 2021
Accordingly, in his June 28, 2019 opinion, the judge provided that after Qualified Domestic Relations Orders effectuated a division of the coverture portions of plaintiff's FERS annuity and VA benefits, plaintiff could … "Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate A-0482-19T2
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. GEORGE GAYMON (14-01-0311 AND 15-01-0003, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 22, 2020
The court, however, found the prosecutor's recitation was clearly audible. … A court's failure to exercise its authority to order a competency evaluation "will not be reviewed on appeal, unless it clearly and convincingly appears that the defendant was incapable of standing trial."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JORGE ALVARADO (03-07-1190, HUDSON COUNTY AND STATEWIDE) (CONSOLIDATED)
New Jersey Superior Court Appellate Division · Sep 1, 2021
The hearing was brief, and Torres was clearly an unwilling witness. She testified through an interpreter. … So, clearly, she's upset.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 22, 2024
On the other hand, the potential prejudice associated with such testimony clearly outweighed any limited probative value. … A plain error is one "clearly capable of producing an unjust result." State v. G.E.P., 243 N.J. 362, 389 (2020) (quoting R. 2:10-2).
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. OSCAR DEJESUS (14-11-0951, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 5, 2018
It must be error clearly capable of producing an unjust result. State v. … The references to the information provided by Kane should have been excluded, were not, and were clearly prejudicial to defendant.
Cited 0 timesUnpublishedState of New Jersey v. Ryan D. Keogh
New Jersey Superior Court Appellate Division · Mar 4, 2025
Mohammed, 226 N.J. 71, 86 (2016), that is, whether the error is "clearly capable of producing an unjust result," R. 2:10-2. … Citing N.J.R.E. 403, the Court recognized, "[t]rial courts are well qualified to determine when such evidence will create the prospect of a mini - trial and when the probative value of that evidence is outweighed by the
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 14, 2020
See R. 2:10-2 (disregarding error raised for the first time on appeal "unless it is of such a nature as to have been clearly capable of producing an unjust result"). … Even so, we do not believe a report completed four months after an interview qualifies as one made "within a short time of the events described in it."
Cited 0 timesUnpublishedIn Re Riverview Development, LLC
411 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Jan 27, 2010
Section 3.3a of the APA, as amended in 1993, clearly instructs that "[e]xcept as otherwise required by federal law or by statute that specifically allows a third party to appeal a permit decision, a State agency shall not … However, that protection is qualified in N.J.A.C. 7:7E-7.14 by the phrase "to the maximum extent practicable."
Cited 19 timesPublishedSTATE OF NEW JERSEY VS. R.D. (14-10-1560, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Feb 27, 2020
If a defendant raises an issue for the first time on appeal, the defendant "'bears the burden of establishing that the trial court's actions constituted plain error' because 'to rerun a trial when the error could easily … D'Urso, who it qualified as an expert, and his CSAAS testimony to help explain why David's recollection of the alleged incidents was inconsistent with his forensic interviews, as well as why he would renounce his previous
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MICHAEL KEE (17-11-3227, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 26, 2021
The interactions the officers had with defendant, and each other, were clearly intended to secure the scene and ensure officer safety. … "[I]n most cases in which the police seize evidence implicating a defendant in a crime that defendant will be able to establish an interest in the property seized or place searched . . . ." Id. at 59.
Cited 0 timesUnpublishedAcre Mortgage & Financial, Inc. v. Joseph James Lang IV
New Jersey Superior Court Appellate Division · Nov 6, 2024
The judge found the evidence clearly established "that Lang was well aware of Acre's reasonable expectations in this regard, and that Lang took efforts to hide the operation of his competing business from Acre knowing … Although executed offer letters qualify as employment agreements, Hanisko v. Billy Casper Golf Mgmt., Inc., 437 N.J. Super. 349, 362 (App.
Cited 0 timesUnpublished
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