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njcourts.gov
… and opposed both motions. The motion judge entered orders barring evidence of the lien and holding the lien to be invalid. NYSA-ILA appealed the orders, arguing that ERISA preempts the collateral source … be 'specifically directed toward' the insurance industry in order to fall under ERISA's saving clause; laws of general …
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njcourts.gov
… Carlos Gonzalez appeals from the July 16, 2018 Law Division order denying his petition for post-conviction relief (PCR) … reduced. 9 A-5870-17T4 The judge entered a memorializing order and this appeal followed. On appeal, defendant raises … defendant must prove prejudice. Fritz, 105 N.J. at 52. In order to establish the Strickland prejudice prong to set …
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njcourts.gov
… without hearing expert testimony or evidence. Id. at 49. In order to conduct an efficient jury selection, questions … does not exclude the use of context- specific questions in order to ferret out bias among the jury pool. In State v. … without manipulation or delay of the trial. However, in order for that discovery procedure to be effective, …
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njcourts.gov
… Inc., appeals from a June 27, 2017 Chancery Division order granting plaintiff T.D. Bank, N.A., summary judgment, … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). Under this rule, … that governs trial courts in reviewing summary judgment orders." Prudential Prop. & Cas. Ins. Co. v. Boylan, 307 …
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njcourts.gov
… judge stated that, as a last resort, he 4 A-4647-17T2 would order defendant into a long-term in-patient treatment program, and also ordered him to continue with the terms of drug court … requirement 8 A-4647-17T2 imposed as a condition of the order or if he has been convicted of another offense, [the …
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njcourts.gov
… defendant Shawn Spivey appeals from two January 16, 2018 orders denying without an evidentiary hearing his separate … her decision on both petitions, and signed separate orders denying PCR. The judge held that defendant's argument … analyst involved in a testing process must testify in order to satisfy confrontation rights." State v. Roach, 219 …
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njcourts.gov
… A-0077-17T1 Defendant B.W.1 appeals from the July 12, 2017 order of the Law Division denying his petition for … was unnecessary. On July 12, 2017, the judge entered an order denying defendant's PCR petition. This appeal … applicable legal principles, we affirm the July 12, 2017 order for the reasons stated by the judge in her thorough …
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njcourts.gov
… unlawful purposes, appeals the trial court's March 20, 2018 order denying his petition for post -conviction relief … on September 21, 2016. That same day, the panel issued an order affirming the sentence, but determining that count … v. Echols, 199 N.J. 344, 357-59 (2009). Our review of an order granting or denying PCR often entails the …
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njcourts.gov
… P. Wendler appeals from the Law Division's August 15, 2017 order entered after a judge, conducting a trial de novo, … defendant with the aforementioned motor vehicle and disorderly person offenses. Defendant moved to suppress, … N.J. at 618 (agreeing with Mimms permitting an officer to order a driver to exit a vehicle, but declining to extend …
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njcourts.gov
… response to the defendant-mother's motion, the Family Part ordered the plaintiff- father to contribute $10,000 toward … for a commuting student would be $20,000 a year, and it ordered plaintiff to pay $10,000 for freshman year, with a … requires "obligations . . . specifically described in order to enable a court . . . to ascertain what it was the …
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njcourts.gov
… years old, appeals from a January 28, 2019 Law Division order continuing his civil commitment to the special … "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of … Commitment of W.Z., 173 N.J. 109, 132-33 (2002). Thus, an order of continued commitment under the SVPA, like an …
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njcourts.gov
… Defendant T.K. (Tiffany) 1 appeals from an August 18, 2017 order terminating litigation after two Family Part judges … we mean no disrespect. 3 A-0052-17T4 anxiety and bipolar disorder associated with traumatic life experiences. She also … On April 13, 2015, the Division filed a complaint and an order to show cause, and the trial court granted the …
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njcourts.gov
… A-5358-16T2 Defendant J.C.1 appeals from the April 24, 2017 order of the Law Division denying his petition for … Patrick J. Arre issued a comprehensive written opinion and order denying defendant's petition. The PCR court noted that … applicable legal principles, we affirm the April 24, 2017 order of the Law Division for the reasons stated by Judge …
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njcourts.gov
… POINT II THE COURT MUST VACATE [G.A.]'S CONVICTION AND ORDER A NEW TRIAL BECAUSE OF PROSECUTORIAL MISCONDUCT. (not … The trial court correctly advised the jury that, in order to be found guilty on count two, defendant must have … remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed …
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njcourts.gov
… D.B.1 appeals from the Family Part's July 26, 2016 order memorializing the court's determination that he abused … medical insurance. Eventually, it became apparent that in order for David to have health insurance, the Division would … Division instituted the underlying action, and obtained an order awarding it custody of David and permitting him to …
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njcourts.gov
… removal is an emergent removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82 (the Dodd Act). … and testing. By the end of February 2015, the Family Part ordered the Division to reunify defendant with her daughters … is remanded to the Family Part to enter an appropriate order consistent with this opinion, and for any other …
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njcourts.gov
… 2017 2 A-4672-15T2 Defendant Ryan Rhodie appeals from an order entered by the Law Division on April 19, 2016, which … defendant to a thirty-year term of incarceration, and ordered that defendant serve eighty-five percent of that … evidentiary hearing on his petition. The court entered an order dated April 19, 2016, denying PCR. This appeal …
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njcourts.gov
… "body function claimed lost" in her charge to the jury. In order to evaluate his claim, we review the evidence … for Pain and Suffering," the judge explained that in order to recover for pain and suffering, 7 A-3891-14T2 … although "'a manifestly unjust result shall not be ordered because of the oversight of the 9 A-3891-14T2 …
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njcourts.gov
… to include an additional defendant, and its subsequent order declining to reconsider that denial. We affirm. I. We … Columbus McKinnon, concluding in the written Rider to his order that such an amendment would be a "futile" exercise … 226, 240 (App. Div. 2012) (citing N.J.S.A. 2A:58C-2). In order to establish a design defect, a plaintiff must prove …
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njcourts.gov
… to obtain the necessary approvals, municipal and state, in order to relocate a right-of-way (ROW) in which they have an … owners for the acquisition of development rights in order 4 A-4379-14T1 to keep land in agricultural production. … Super. 588, 597 (App. Div. 2005) (citations omitted). In order to review such decisions, however, in light of the …