Case law
Opinions from 1658 to today.
5,442 results
4.22s
State of New Jersey v. Van Salter
New Jersey Superior Court Appellate Division · May 20, 2025
Because of the nature of the intrusion, and the corresponding, legitimate privacy interest at stake, we hold today that police must obtain a warrant based on a showing of probable cause, or qualify for … On that record, I cannot say the motion judge's determination was "so clearly mistaken that the interests of justice demand intervention and correction." Boone, 232 N.J. at 426 (quoting Elders, 192 N.J.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 27, 2022
Lazu was about forty feet away from the "target location," but could see clearly because of a streetlight and porchlights on neighboring houses. … We concluded the NCIC information was improperly admitted, the State having failed to establish the criteria we cited above. Id. at 298.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 10, 2025
Moreover, as the court found, the court was "not qualified to render an opinion on the fair market value of a multi-million dollar condominium unit in the heart of New York City in 2017." … However, "[t]his rule clearly provides no authority for the trial court's reconsideration of its own orders and judgments." Pressler & Verniero, Current N.J. Court Rules, cmt. 1 on R.1:13-1 (2025).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 14, 2017
For the State to prove a disorderly person's contempt of court, the State must establish the defendant "knowingly" violated a restraining order beyond a reasonable doubt. N.J.S.A. 2C:29- 9(b)(2). … An appellate court may review and modify a sentence if the trial court's determination was "clearly mistaken." State v. Jabbour, 118 N.J. 1, 6 (1990).
Cited 0 timesUnpublishedDCPP VS. T.C.IN THE MATTER OF A.T.M.(FN-07-0389-14, ESSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 1, 2017
Eventually, T.C. elected to move in with J.K., in a residence that was clearly unsafe. In support of her appeal, T.C. relies upon New Jersey Division of Child Protection and Permanency v. L.W., 435 N.J. … The trial court properly found that, in light of the evidence presented, the Division had established by a preponderance of the evidence that T.C. had abused or neglected the child.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. FERDINAND C. AUGELLO (18-04-0517, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 20, 2021
Nevertheless, evidence that serves to establish such an enterprise need not be distinct or different from the proof that establishes the pattern of racketeering activity." … Defendant presently argues the State failed to establish defendant had known of Kauffman's motive.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. ARTURO I. ALOMAS (16-08-0560, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 30, 2021
The trial court rendered an oral decision using the system and estimator variables4 established in Henderson, 208 N.J. at 248–67. … The court found defendant qualified as a persistent offender. Defendant has not contested this finding on appeal. The court followed the correct sentencing guidelines.
Cited 0 timesUnpublishedKaren Wiseman v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Nov 30, 2023
She found both physicians to be well-qualified, credible experts who testified as to their respective opinions to an acceptable degree of medical certainty. She noted Dr. … Accordingly, the ALJ found petitioner had established by preponderance of the credible evidence that she was incapacitated from the performance of her duty as a teacher, physically incapable of performing the material and
Cited 0 timesUnpublishedNfi Real Estate, LLC v. Florence Township Zoning Board of Adjustment
New Jersey Superior Court Appellate Division · Apr 23, 2025
She found the Board did not apply Medici because if it had "done so[,] it would have required proofs of particular suitability of the site and that the proposed use['s] special reasons needed an[] enhanced qualify of proof … The building's height clearly bore some relation to its storage capacity, and thus its possible effect on traffic and the intensity of the proposed use.
Cited 0 timesUnpublishedJOHN M. HAMMER VS. HAIR SYSTEMS INC.(L-1464-03, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 9, 2017
POINT II Plaintiff's Claims Should Be Denied on Appeal Consistent with Well-Established Standards of Review and Pertinent Case Law. A. … However, some charges were not so clearly designated, and required the judge's close scrutiny.
Cited 0 timesUnpublishedState of New Jersey v. Leonard J. Mazzarisi 3rd
New Jersey Superior Court Appellate Division · Dec 24, 2024
In that regard, a trial court's legal conclusions "'and the consequences that flow from established facts'" are reviewed de novo on appeal. State v. … Those identifications violated the rules established by the Supreme Court in Watson.
Cited 0 timesUnpublishedJANEK PATEL VS. CITY OF SOUTH AMBOY PLANNING BOARD (L-4101-18, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 9, 2020
Div. 2004) (finding no statutory requirement for such a witness to be qualified as an expert to testify). … Valetutto also clearly had personal knowledge of the issues.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 7, 2018
The remaining subsections of the TOP rule establish the criteria for eligibility to perform abortions and where they can be performed. … The BME recognized it could not "establish standards of medical practice in States outside of New Jersey."
Cited 0 timesUnpublishedBarbara A. Hopkins v. John J. Hopkins, III
New Jersey Superior Court Appellate Division · Dec 16, 2024
Hopkins, III, appeals from two orders: (1) a June 9, 2023, order denying his motion to reconsider the summary dismissal of a motion to emancipate and terminate child support, recalculate past child support, and order a Qualified … his [c]ourt does find that there has been a complete disregard for the [c]ourt rules by this defendant despite the fact that he is an attorney, or moreover because the [c]ourt has very succinctly, very clearly
Cited 0 timesUnpublishedUnited Services Inc. v. City of Newark
New Jersey Superior Court Appellate Division · Dec 2, 2024
In December, the City Council proposed a resolution authorizing the City's qualified purchasing agent to enter into the eight contracts with the bidders selected, one of which was United, providing for a two-year contract … Counsel: I just want to make sure I understand the — very clearly what the scope of the injunction is.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 3, 2020
The allegations of abuse and neglect were not established, and the Division closed the case on April 9, 2017. … Clearly, the facts of this case do not warrant reversal of the judge's decision on the same grounds as K.A. A.H. also challenges the judge's finding as to Zayonara.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. CHELSEY G. WHITE(13-11-1472, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 27, 2017
Defendant further argues that examination of the citizen contact was essential to his defense because the police allegedly relied solely on the contact's tip to establish probable cause. … On appeal, defendant does not argue that he does not qualify for an extended term under N.J.S.A. 2C:43-3a.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. C.E.L. (11-03-0672, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Mar 2, 2021
During the rapport stage, the interviewer tries to make the child comfortable and establish communication. … N.J.R.E. 517 codify the victim-counselor privilege, such that "it is the public policy of this State to extend a testimonial privilege encompassing the contents of communications with a victim counselor and to render immune
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. SAYVON LAWS (13-01-0182 AND 13-04-0640, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 8, 2017
Accordingly, the reviewing court has a responsibility to "canvass the record, inclusive of the expert testimony, to determine whether the findings made by the trial judge were clearly erroneous." Ibid. … Our statutes do not define "predicate offense"; instead, courts use this term to refer to the crimes that qualify as sexually violent offenses under N.J.S.A. 30:4-27.26(a) or (b).
Cited 0 timesUnpublishedJustino Gonzalez v. Township of West Windsor
New Jersey Superior Court Appellate Division · Sep 25, 2025
The Supreme Court has identified circumstances which qualify as a public interest, including: whether there will be a continuing violation of public rights, Jones v. … Here, plaintiffs' complaint presents no justiciable issue, nor do plaintiffs establish standing to challenge the ordinance.
Cited 0 timesUnpublished
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