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- TERI TOMPKINS VS. COUNTY OF MERCER, ET AL. (L-0914-18, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Teri Tompkins appeals from the July 19, 2019 Law Division order granting the summary judgment dismissal of her … immune from liability under the [LLA]." I When reviewing an order granting summary judgment, we "employ the same … and that the moving party is entitled to a judgment or order as a matter of law." The rule also states that "[a]n …
- njcourts.gov… with the model jury instruction, which states that in order for the jury to convict, it must find the State had … While instructing the jury, the judge repeated that in order to find defendant guilty of attempted murder, the jury … of the store, separate jury instructions were necessary in order for the jury to understand that they had to find …
- njcourts.gov… A.Z. (Alma1) appeals from a January 27, 2017 Family Part order finding she abused or neglected her then … must have twisted or exerted great force on Carla's arm in order to cause her fracture; and her injuries were not … court was not obliged to resolve that timing discrepancy in order to credit a statement in the Division records that …
- njcourts.gov… Defendant Walner Samedy appeals from a February 1, 2019 order denying his petition for post-conviction relief (PCR) … oral argument, the PCR judge issued an oral decision and order denying the petition without an evidentiary hearing. … v. Cummings, 321 N.J. Super. 154, 170 (App. Div. 1999)). In order to be entitled to an evidentiary hearing, a defendant …
- njcourts.gov… Senior Citizens Housing Corporation and an August 7, 2019 order denying reconsideration. We affirm. Plaintiff is a … requiring tenants to maintain units in a clean and orderly fashion. Defendant has lived in plaintiff's complex … defense, defendant asserted she suffered from hoarding disorder and plaintiff failed to provide a reasonable …
- njcourts.gov… Plaintiff John Bovery appeals from a January 28, 2019 order dismissing his amended complaint against defendants … considering defendants' motion to dismiss ignores that the order relied on dismissed the action without prejudice. A … the prosecutors instituted the money laundering charge in order to pressure him into not contesting the forfeiture …
- njcourts.gov… sure that the contract had a broad due-diligence clause, to order title searches, and to ensure that Yerman would have … aware – I believe he was or should have been aware." Morris ordered a survey of the property. The survey showed the … written opinion. The next day, the trial judge issued an order, denying in part and granting in part plaintiffs' …
- njcourts.gov… Robert Moss appeals from the November 22, 2019 Law Division order dismissing with prejudice his second amended … of less than 600 feet on vernal-pool-dependent species; d) Ordering the observance of 600-foot buffers around vernal … to its conflicting stated goals, and for the court to order DEP impose 600-foot buffers around vernal pools in …
- njcourts.gov… gave the men answers to the written driver's test. Rafael Cordero, Andree-Quesada's housemate, drove the men to the … agency, which was under surveillance. Once at the agency, Cordero directed the men to a counter to take the written … and the other men obtained the illegal driver's permits, Cordero drove them back to Andree-Quesada's house. The plan …
- njcourts.gov… he did with his other son and his wife, David and Hulda, in order for his family to be close to the senior Fischers, all … move into the condominium David and Hulda were vacating in order to move into their Stillwater residence. Eventually, … the degree to which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor …
- njcourts.gov… statutory factors, enumerated in N.J.S.A. 2C:43-12(e), in order to "make an individualized assessment of the defendant … State v. Leonardis, 73 N.J. 360, 384 (1977)). Thus, "[i]n order to overturn a prosecutor's rejection, a defendant must … 2014) (quoting State v. Bender, 80 N.J. 84, 93 (1979)). "In order for such an abuse of discretion to rise to the level …
- njcourts.gov… PER CURIAM Defendant M.K.1 appeals from a March 11, 2019 order finding she abused or neglected her thirteen-year-old … 13, 2018, the Division filed a Title Nine complaint and order to show cause, alleging defendant abused or neglected … available to care for Ryan. Accordingly, the fact-finding order is reversed. Reversed. I hereby certify that the …
- njcourts.gov… plaintiff Shirley Shank appeals from the summary judgment order and the subsequent denial of reconsideration … Bay Plaza and Pasbjerg cross-appeal from the trial court's order dismissing their contractual indemnity claim against … provide any guidelines for a fact-finder to look to in order to 7 A-2000-19 determine . . . a dangerous quality of …
- STATE OF NEW JERSEY VS. ALLISON NASTA (13-09-2505, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Allison Nasta appeals from a July 11, 2019 Law Division order denying her petition for post-conviction relief (PCR) … not have summarily denied her PCR petition, but rather ordered an evidentiary hearing to obtain testimony from … of counsel, and the PCR court did not err in declining to order an evidentiary hearing and denying PCR. Affirmed. … …
- STATE OF NEW JERSEY VS. CRAIG J. HUGHES (18-08-0661, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… vehicle or its occupants [were] committing a criminal or disorderly persons criminal offense or [were] committing a … to the warrant requirement. We disagree. When reviewing an order granting or denying a motion to suppress evidence, we … determination that Officer Ambrose stopped the Envoy in order to advise the driver that she was about to turn onto a …
- STATE OF NEW JERSEY VS. JOSEPH M. TOMZA (19-034, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant began to step out of the truck, but the officer ordered him to get back into the vehicle. The officer did … "the State is not required to prove shows that Officer Bull ordered defendant to get back inside the truck at the outset … manner and if the officer did not make demands or issue orders; conversely, a field inquiry becomes a stop if a …
- njcourts.gov… trial. He diagnosed defendant as suffering from bipolar disorder with psychosis, and testified her disappearance, … her "personality ha[d] dissociated itself from reality[] in order to avoid unpleasant affective states." Id. at 10, 22. … PCR counsel probed trial counsel's understanding that in order to pursue an insanity defense, defendant needed to be …
- njcourts.gov… inasmuch as it is exculpatory in that respect. The court ordered the State to provide defendant with Pierson's report … in the center console. The judge admitted the evidence and ordered the State provide defendant with its expert reports. … to inspect the car. In addition, 14 A-0521-19 the court ordered the State to produce its expert reports prior to any …
- njcourts.gov… Accurso, Rose and Enright. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, … of New Jersey appeals, on our leave, from November 13, 2020 orders granting partial summary judgment on liability to … and law. Accordingly, we reverse the November 13, 2020 orders for partial summary judgment and remand to the trial …
- njcourts.gov… M. Watson appeals from a January 10, 2020 Law Division order denying his petition for post-conviction relief (PCR) … oral arguments, Judge Sandra Lopez issued a July 17, 2020 order and comprehensive thirty-five-page written opinion … ONE THE TIME BAR OF R. 3:22-12 SHOULD HAVE BEEN RELAXED IN ORDER TO AVOID A FUNDAMENTAL INJUSTICE 5 We have reorganized …