Filters
- A-2213-18T1 Opinionnjcourts.gov… upon our standard of review, we affirm the suppression order. I At the motion to suppress hearing, the State … denied marijuana had been smoked in the car. Burns then ordered defendant out of the car and requested back-up. … Eight days later on April 26, 2018, the judge issued an order and rendered an oral decision denying defendant's …
- A-4799-18T2 Opinionnjcourts.gov… Defendant Dwayne J. Johnson appeals from a March 8, 2019 order denying his petition for post-conviction relief … Farella asked the driver to step out of the vehicle in order to search the car for insurance and registration … registration and insurance information is normally kept in order to verify a vehicle's credentials for public safety …
- A-3942-18T3 Opinionnjcourts.gov… Defendant appeals from the February 13, 2019 Law Division order denying his petition for post-conviction relief (PCR) … hearing. However, the State has not cross-appealed. "[I]n order to attack the actions below which were adverse to [a … to him by counsel. The judge entered a memorializing order and this appeal followed. 8 A-3942-18T3 On appeal, …
- A-4466-18T1 Opinionnjcourts.gov… Yuri Soto appeals from the March 27, 2019 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We vacate the order under review and remand for an evidentiary hearing. I. … warrants an evidentiary hearing to develop these issues. By ordering a plenary hearing, we are not expressing any view …
- A-3747-16T3 Opinionnjcourts.gov… with respect to late fees charged on the mortgage loan. By orders dated June 26, 2015, the trial court denied … in the sum of $312,936.10. Defendant now appeals from the orders entered on June 26, 2015, October 14, 2016, February … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). We consider …
- A-5022-16T1 Opinionnjcourts.gov… 417 (App. Div. 2002) (an appeal is taken from the court's order rather than reasons for the order). We acknowledge the long line of cases, represented … reasonable jury could find for plaintiff on this record. In order to establish defendant's liability, plaintiff needed …
- A-1201-17T2 Opinionnjcourts.gov… Andre Coard appeals the Law Division's September 29, 2017 order granting defendant Oaks Integrated Care, Inc. summary … any evidence to rebut those reasons. She entered the order under review. On appeal, plaintiff argues that the … and that the moving party is entitled to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. …
- A-5683-16T4 Opinionnjcourts.gov… Chayim Goodman appeals from a July 24, 2017 Law Division order denying his municipal appeal after a trial de novo. … material. State v. Martini, 160 N.J. 248, 268 (1999). "In order to establish a Brady violation, the defendant must … v. Illinois, 408 U.S. 786, 794-95 (1972)). 9 A-5683-16T4 In order to establish a due process violation, if evidence is …
- A-1933-16T3 Opinionnjcourts.gov… into pre-trial intervention (PTI) without a guilty plea in order to minimize the immigration consequences of his … asked the PCR court to either vacate defendant's plea or order an evidentiary hearing. The PCR court denied … our Supreme Court in State v. Fritz, 105 N.J. 42 (1987). In order to prevail on a claim of ineffective assistance of …
- A-5420-15T4 Opinionnjcourts.gov… Brown, defendant pointed the gun at Crews' head and ordered her to open the door, which Brown's body was … 28 U.S.C. § 2253(c)(2), which was dismissed as untimely by order and opinion of August 16, 2006. Terry v. Cathel, No. … REASONS FOR ACTION AND NONACTION NEEDS TO BE ON RECORD IN ORDER FOR APPELLATE COURT TO MAKE PROPER RULING. We reject …
- A-3073-16T3 Opinionnjcourts.gov… Isaac Decter appeal from a February 17, 2017 Law Division order, which granted summary judgment to defendant … motion was unopposed and the trial court entered a separate order on February 17, 2017, granting summary judgment to the … applies to a trial court's legal determinations). In order to prove a claim of negligence, a plaintiff must …
- A-4207-16T3 Opinionnjcourts.gov… Defendant Cynthia Myers appeals from the February 26, 2016 order of the Law Division denying her second petition for … not warranted. On February 26, 2016, the judge entered an order denying defendant's second PCR petition. This appeal … legal principles, we affirm the February 26, 2016 order for the reasons stated by Judge DeLury in his thorough …
- A-1975-10 Opinionnjcourts.gov… Restoration Risk now appeals from a December 7, 2010 order denying reconsideration of the summary judgment order. We affirm. Restoration Risk issued to Servpro a … We need A-1975-10T1 11 not read subpart a so broadly in order to conclude that the exclusionary language applies in …
- A-2755-19 Opinionnjcourts.gov… Plaintiff Andrew Reger appeals from the January 27, 2020 order of the Law Division dismissing his complaint in lieu … elements of fairness and due process." A January 27, 2020 order memorializes the trial court's decision. This appeal … of these legal principles, we affirm the January 27, 2020 order substantially for the reasons stated by Judge McCarthy …
- A-3266-19 Opinionnjcourts.gov… F.B. (the mother) appeals from a December 10, 2019 order finding that she abused and neglected N.B. (the … (DCPP) caseworker, Judge Garry J. Furnari entered the order under review, rendered an oral opinion, and found by a … stay and ensure 1 The mother also included a March 11, 2020 order terminating the litigation in her Notice of Appeal. 3 …
- A-2152-19 Opinionnjcourts.gov… Defendant Thomas L. Coar appeals from an October 24, 2019 order denying his petition for post-conviction relief (PCR). … hearing to enable defendant to confer with his counsel in order to file "an affidavit or a certification of the type required under the [Rules] in order for the [c]ourt to consider granting an [e]videntiary …
- A-0268-18 Opinionnjcourts.gov… 199, 205 (App. Div. 1993), aff'd, 135 N.J. 306 (1994)). "In order to reverse an agency's judgment, [we] must find the … 90th day from the date of receipt of the notice of a final order, ruling or other action by the district board of … in instances where a specific statute, regulation or court order provides for a period of limitation shorter than 90 …
- A-2433-19 Opinionnjcourts.gov… Defendant Robert S. Myles appeals from the February 4, 2020 order denying his petition for post-conviction relief (PCR) … without an evidentiary hearing; he entered a conforming order on February 4, 2020. On appeal, defendant renews the … under the Strickland test. Preciose, 129 N.J. at 463. "[I]n order to establish a prima facie claim, a petitioner must do …
- A-4367-17T2 Opinionnjcourts.gov… Association (Association) appeals from a May 4, 2018 order denying its order to show cause (OTSC) to vacate a December 8, 2017 … satisfies the reasonably debatable standard . . . ." An order memorializing the judge's oral decision was entered on …
- A-4863-17T4 Opinionnjcourts.gov… Defendant P.M.1 appeals from an August 10, 2017 Family Part order2 determining that he abused or neglected his two … names, to protect their privacy. R. 1:38-3(d)(12). 2 This order became appealable as of right after the trial court entered a final order terminating the litigation on May 14, 2018. 3 …