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- STATE OF NEW JERSEY VS. NATHANIEL HARVEY (85-11-1568, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… remanded the matter for an evidentiary hearing and ordered the PCR court to "consider the petition . . . anew . … 2015, Judge Peim granted defendant's petition, staying his order pending 1 The Court originally retained jurisdiction, and entered an additional order further detailing the procedure and scope of the …
- njcourts.gov… 2017 2 A-0684-15T4 Defendant appeals from the July 8, 2015 order of the trial court denying his petition for … apartment where he believed defendant was staying in order to execute outstanding bench warrants against … PCR will be denied." The court issued a memorializing order on July 8, 2015. This appeal followed. Defendant …
- STATE OF NEW JERSEY VS. RICHARD WHATLEY (13-12-3038, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a mistrial.1 The judge denied defendant's mistrial motion, ordered the prosecutor to cease questioning defendant about … does not end a reviewing court's inquiry because, in order to justify reversal, the misconduct must have been 'so … comes before the jury, an appellate court should not order a new trial unless the error was 'clearly capable of …
- njcourts.gov… at the officers. Cusanelli was placed under arrest for disorderly conduct, handcuffed, and placed back in the patrol … driving under the influence (DUI), resisting arrest, and disorderly conduct. On May 5, 2009, the NJSP suspended … on December 30 and 31, 2009. Cusanelli was convicted of disorderly conduct, sentenced to a three-month term of …
- njcourts.gov… of the [defendant’s] activity in relation to the fair and orderly administration of the laws’ must be examined on a … interpretive case law. “[D]ue process requires only that in order to subject a defendant to a judgment in personam, if … discovered its inauthenticity when they had it appraised in order to obtain insurance coverage. The Court certainly …
- njcourts.gov… and slander per se (count four). Campbell appeals from the order entered April 25, 2013, granting summary judgment in … wrote a statement to St. James regarding the incident, "in order to protect the church." In the statement, Campbell … followed. A-4193-12T2 11 II. "An appellate court reviews an order granting summary judgment in accordance with the same …
- njcourts.gov… 2 Plaintiff, Sharon Kelly O'Brien, has appealed from an order of summary judgment entered in favor of her employer, … action. Among other requirements that must be fulfilled in order to invoke the doctrine, Telcordia must demonstrate … 10:5-12 in light of the ADEA and Gross will be required in order to determine whether this aspect of the case should …
- njcourts.gov… perfected its security interest. Universal appeals from the order granting summary judgment to Pascack and entering … Universal did not act in good faith. In reviewing an order granting summary judgment, this court employs the same … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c); see also Brill v. …
- A-4193-12 Opinionnjcourts.gov… and slander per se (count four). Campbell appeals from the order entered April 25, 2013, granting summary judgment in … wrote a statement to St. James regarding the incident, "in order to protect the church." In the statement, Campbell … followed. A-4193-12T2 11 II. "An appellate court reviews an order granting summary judgment in accordance with the same …
- A-3821-19 Opinionnjcourts.gov… born in 2013, appeals from a June 27, 2019 Family Part order finding she physically abused or neglected these two … (2) and (4)(b). N.S. also appeals the May 5, 2020 order terminating the litigation. The Law Guardians seek … with the applicable law. Therefore, we affirm both orders. I. We discern the following facts from evidence …
- A-2066-19 Opinionnjcourts.gov… Todd Blair appeals from a series of December 11, 2019 orders granting summary judgment to defendant Jersey City … 20, 2019, plaintiff filed a second amended complaint in order to name two additional JCMC physicians as defendants. … We add the following comments. We review the trial court's orders granting summary judgment by applying the standard in …
- A-3991-19 Opinionnjcourts.gov… CURIAM Defendant appeals from a June 7, 2019 Family Part order finding she abused/neglected her ten-year-old … Permanency (the Division) filed a verified complaint and order to show cause (OTSC) for custody of J.H. and Jo.H.2 … 2020, the court conducted a virtual hearing and issued an order terminating litigation, finding that the conditions …
- A-5004-16 Opinionnjcourts.gov… inculpated defendant were not completely blacked-out as ordered; rather, they were merely crossed-out and still … statement was not harmless error, prompting our decision to order a new trial. The same judge who presided over the … that he could not be prosecuted under the extradition order as that order permitted only prosecution for …
- A-5379-18 Opinionnjcourts.gov… determined the motion was "non- conforming" and entered an order dismissing the motion without prejudice. To the extent … his alibi and third-party guilt defenses. He entered an order denying the PCR petition, and this appeal followed. … v. Washington, 466 U.S. 668, 687 (1984). 11 A-5379-18 we ordered in Reevey II. Alternatively, defendant argues he …
- A-2687-19 Opinionnjcourts.gov… Nine action, defendant D.F. appeals from a fact-finding order, now final, that he abused or neglected the daughters … of both girls. Defendant also appeals from the same order that he abused or neglected 1 We use initials to … Office of the Law Guardian urge us to affirm the judge's order. Because we conclude there was sufficient credible …
- A-2100-19 Opinionnjcourts.gov… In this medical-negligence case, plaintiff appeals an order granting defendant's motion for summary judgment and … The court advised counsel "what is missing in my mind in order for me to rule on this motion . . . is the issue of … excusing plaintiff's failure to comply. The court issued an order granting defendant's motion and dismissing plaintiff's …
- A-3843-18 Opinionnjcourts.gov… Turi Reddick appeals from a March 26, 2019 Law Division order denying his post-conviction motion for a new trial … hearing, the motion judge entered an accompanying written order denying defendant's motion. This appeal followed, with … (quoting Brady v. Maryland, 373 U.S. 83, 87 (1963)). In order to make a Brady claim, a defendant must show three …
- A-104-09 Opinionnjcourts.gov… and . . . the moving party is entitled to a judgment or order as a matter of law.” R. 4:46- 2(c). In deciding a … both Best Buy and AIC on their respective motions. AIC was ordered to reimburse Best Buy $25,790.09 for legal costs and … defending against plaintiffs’ claims. All Cleaning was ordered to reimburse AIC not only for the $ll,763.75 in …
- A-4754-16T4 Opinionnjcourts.gov… before this court for leave to appeal the trial court's order granting partial summary judgment on this issue. … Association moved to participate as Amici Curiae. In an order dated February 6, 2017, we denied the motion for leave to appeal. By order dated July 7, 2017, the Supreme Court granted …
- A-1771-16T4 Opinionnjcourts.gov… to all parties were adjudicated in the trial court, but the order under review only granted relief to Mt. Hawley and it … I We briefly discuss the circumstances in Eggleston in order to provide context for its holding and its purported … For all these reasons, we reverse that part of the order under review that granted Mt. Hawley and Empress's …