Case law

State v. Carlino

373 N.J. Super. 377 · New Jersey Superior Court Appellate Division · Nov 12, 2004

The fact that defendant had the fanny bag containing the ecstasy pills in his hand qualifies him for standing. Relying on State v. Johnson, 168 N.J. 608 , 775 A. 2d 1273 (2001), and State v. … As to the premises, clearly it was not open to the public.

State v. Nelson

155 N.J. 487 · Supreme Court of New Jersey · Jul 30, 1998

Three jurors, as opposed to four, voted that the catchall mitigating factor had been established. … The allegations in the suppressed complaint did not make the detective an expert or affect any potential of qualifying him as an expert.

Francis v. United Jersey Bank

162 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Aug 18, 1978

The annual financial statements accurately and clearly reflected the payments to members of the Pritchard family, and they clearly reflected the desperate financial condition of the corporation. … It was established by testimony of J.

Bracco Diagnostics, Inc. v. Amersham Health, Inc.

627 F. Supp. 2d 384 · District Court, D. New Jersey · Jun 5, 2009

Murray did not qualify or specifically identity Omnipaque as being the traditional LOCM. … established the claim made.”

State v. Chiarello

69 N.J. Super. 479 · New Jersey Superior Court Appellate Division · Oct 16, 1961

The scholars in this field are not uniformly in accord that the range of immunity is, or should be, that broad. … He said (at pp. 719, 720): *501 "Under the circumstances admitted at this trial, the mere killing did not, as matter of law, establish any criminality in the prisoner, and therefore did not cast upon him the burden of establishing

Palisades Properties, Inc. v. Brady

79 N.J. Super. 327 · New Jersey Superior Court Appellate Division · May 27, 1963

Laurance Rockefeller clearly indicated a deep love of nature. His qualifications and background as an expert in outdoor recreation are enviable. … He reflected a man thoroughly qualified to supervise the building, from its inception, of any type of an outdoor project — parks, forests, lakes and beaches. Mr. John D. Rockefeller, Jr.'

STATE OF NEW JERSEY VS. REGINALD v. BROWN (12-05-0090, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 3, 2019

Based on this ruling, defendant's Point II clearly lacks merit. … However, even if we consider the argument, it clearly lacks merit.

State v. Dishon

297 N.J. Super. 254 · New Jersey Superior Court Appellate Division · Feb 6, 1997

Consequently, no testimonial hearing was necessary to establish its general acceptance. … Blake has an extensive background in forensic science, and is qualified as an expert in PCR technology by courts in sixteen states, including New Jersey.

Matter of Trust Created by Agreement Dated December 20, 1961

194 N.J. 276 · Supreme Court of New Jersey · Apr 3, 2008

Martin Richards, the widower of Johnson’s daughter Mary Lea Johnson, argues that he satisfies the definition and thus qualifies as a potential beneficiary of the trust. … Clearly, those expressions by Hill, which were not based on particular conversations with Johnson or observations of Johnson’s conduct, were surrogate ways for Hill to convey his own ideas on that subject.

In Re the Accounting of Thompson

53 N.J. 276 · Supreme Court of New Jersey · Feb 18, 1969

The court held that an adopted child of one of the cousins would not, in the absence of evidence of a contrary purpose, qualify as a descendant within the meaning of the instrument; it noted that the words “descendant” and … “issue” in their ordinary and primary meaning “connote lineal relationship by blood” and would be so construed unless it clearly appeared that they were used “in a more extended sense”; in a footnote it pointed out that

Marranca v. Harbo

76 N.J. Super. 429 · New Jersey Superior Court Appellate Division · Oct 11, 1962

In the construction of a statute, words should never be supplied or changed, unless to do so will effect a meaning clearly shown by the other parts of the statute, or to carry out an intent somewhere expressed. Lane v. … The "action" of the state agency here sought to be reviewed is the establishment of the second list as the eligible list and the certifications made therefrom.

State v. Marc A. Olivero (073364)

221 N.J. 632 · Supreme Court of New Jersey · Jun 29, 2015

Where the language of a statute clearly reveals its meaning, the sole function of the court is to enforce the statute in accordance with its terms. … The fenced-in area at issue in this case does not qualify as a “building, room, ship, vessel, car, vehicle or airplane.”

Atlantic City Opera Theater v. City of Atlantic City

New Jersey Tax Court · Dec 17, 2021

The pictures provided by the taxpayer clearly depict opera performances taking place before an audience. Many of the opera performers are in costume. … Other proofs establish that the use of the property is residential in character.

State v. Mason

355 N.J. Super. 296 · New Jersey Superior Court Appellate Division · Nov 25, 2002

He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Official misconduct is a crime of the second degree. … Here, the State contends that because providing all children with an education is a function of government established by our Constitution, N.J. Const. art.

Cargill Meat Solutions, Corp. v. Director, Division of Taxation

New Jersey Superior Court Appellate Division · Oct 12, 2023

Clearly, during the early years of the Fund, the Legislature had to use a specific line item because the dedicated funds provision was not available. … Thus, the Legislature clearly enacted the Act to "promote and encourage a clean and safe environment." Ibid.

Sylvania v. Stein

177 N.J. Super. 117 · New Jersey Superior Court Appellate Division · Nov 17, 1980

Further, he makes it clear that "A right of property is not an essential ingredient of insurable interest; any limited or qualified interest, whether legal or equitable, or any expectancy of advantage is sufficient." … While that liability may be defined as an insurable interest, it is separate from other property interests and will not be deemed within the coverage of a title policy which, as here, clearly excludes it.

Carroll v. City of Newark

108 N.J.L. 323 · Supreme Court of New Jersey · Feb 1, 1932

The statute is to be read, not under the necessity of finding fixed phraseology, but to ascertain its intent, because this intent, clearly found, will prevail. 3STo precise words are necessary in a statute to authorize the … L. 218; affirmed, post, p. 403, have established that when the state takes the property of its citizens for highway purposes, it takes an easement only.

Jms v. Jw

420 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Jun 20, 2011

Plaintiffs specifically noted that defendants were "clearly `family members' [as] biological relatives of the children's mother[,]" and that it was "clear that the children were placed with... … In fact, it is now well-established in New York that "[a] grandparent may seek visitation with a grandchild even after parental rights have been terminated or the child has been freed for adoption." In re Ann M.C. v.

BRITTON v. LANIGAN

District Court, D. New Jersey · Sep 30, 2019

Petitioner has the burden of establishing each of his claims. See Eley v. Erickson, 712 F.3d 837, 846 (3d Cir. 2013). … The state court decision was, therefore, not contrary to or an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts

State v. D.R.

214 N.J. Super. 278 · New Jersey Superior Court Appellate Division · Dec 16, 1986

POINT II The sentencing court clearly abused its discretion by imposing a manifestly excessive sentence. … Evid.R. 56(2) permits a qualified expert to give his opinion based upon facts or data which themselves may not be admissible.