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- A-5300-18T1 Opinionnjcourts.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 …
- A-4469-18T3 Opinionnjcourts.gov… on the brief). PER CURIAM Plaintiff appeals from an order entered by the trial court on May 10, 2019, which … with prejudice. The judge memorialized his decision in an order dated May 10, 2019. This appeal followed. II. On … any deficiency in 18 A-4469-18T3 an [AOM] already served in order to give the plaintiff the opportunity to cure the …
- A-0815-18T4 Opinionnjcourts.gov… diagnosed with and suffered from Bipolar 5 A-0815-18T4 Disorder and Schizophrenia" and was "prescribed [twenty-eight] … While [defendant] was previously diagnosed with bipolar disorder and other psychotic [dis]order not due to a substance or known psychological …
- A-4914-18T2/A-4968-18T2 Opinionnjcourts.gov… (collectively defendants) appeal from a June 26, 2019 order terminating their parental rights to R.B. (the child)— … sexually abused the child, failed to comply with court orders, and failed to undergo substance abuse evaluations or … Thereafter, [the father] has not complied with any court orders designed to pave the path toward possible future …
- A-3053-18T4 Opinionnjcourts.gov… Defendant appeals from the November 27, 2018 Law Division order denying his petition for post-conviction relief (PCR) … have required [defendant] to take the stand at trial in order to testify to the contents of his 2012 affidavit. Even … set forth in his [2012] affidavit," the judge noted "[i]n order to communicate the contents of the affidavit to the …
- A-0735-18T2 Opinionnjcourts.gov… 1:38-3(d)(12). 4 A-0735-18T2 schizophrenia and bipolar disorder and had not been taking her prescribed medication for … placed in separate, nonrelative resource homes. The court ordered Angie to comply with parenting skills classes and a … parental rights, our scope of review on appeal from an order terminating parental rights is limited. N.J. Div. of …
- A-2935-18T1 Opinionnjcourts.gov… Cohen appeals from the trial court's February 4, 2019 order denying his motion for a new trial as to damages, or … judicial conscience. On February 4, the judge entered an order denying plaintiff's motion. On February 22, 2019, the trial judge entered an order of judgment allocating 50% of the fault to plaintiff, …
- A-5566-17T1 Opinionnjcourts.gov… . . please deny his motion. So I think that a remand is in order for a proper Slater hearing. In addition to affirming … created by his own admissions during the plea hearing in order to prevail at a Slater hearing. Slater, 198 N.J. at … not need any additional time to speak with counsel. "[I]n order to establish a prima facie claim, a petitioner must do …
- A-0754-18T2 Opinionnjcourts.gov… Defendant Joseph Cody appeals the May 29, 2018 Law Division order denying his petition for post-conviction relief (PCR), … v. Cummings, 321 N.J. Super. 154, 170 (App. Div. 1999). In order to be entitled to an evidentiary hearing, the … location of the vehicle. The police stopped the Nissan and ordered defendant and his brother out of the car. Defendants …
- A-5978-17T4 Opinionnjcourts.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 …
- A-3209-17T4 Opinionnjcourts.gov… CURIAM Defendant Jaquan Lee appeals from the trial court's order denying his petition for post-conviction relief after … Lee. See R. 1:12-3(c) (stating that a substituted judge, in order to fairly discharge his judicial duties, "shall make … Applying that standard of review, we affirm the PCR court's order. To prevail on a claim of ineffective assistance of …
- A-2380-17T4 Opinionnjcourts.gov… of the [m]otions . . . and was not prepared to be here in order to be able to proceed." The judge stated: "This matter … Div. 1998)). When a defendant requests an adjournment in order to substitute counsel, "the trial court must strike a … control its own calendar and the public's interest in the orderly administration of justice, on the one hand, and the …
- A-1113-18T2 Opinionnjcourts.gov… with additional findings set forth 6 A-1113-18T2 in the order denying the second Brady motion. We now address … as presented in its initial written opinion and the ensuing order denying defendant's second motion for a new trial. As … need not be dispositive or even strongly probative in order to clear the relevancy bar."). In this case, defendant …
- A-2459-20 Opinionnjcourts.gov… Barthelus appeals from June 28, 2019 and October 8, 2020 orders entered following successive evidentiary hearings, … at 2) defendant and the State appealed from a March 9, 2016 order denying defendant's PCR petition without an … been vacated, had the issue been raised on appeal." She ordered a second evidentiary hearing, at which time …
- A-0265-20 Opinionnjcourts.gov… least two minor profiles from others. She explained that in order to be identified as the source of a major DNA profile: … of certainty or probability, no magic words need be said in order to satisfy the requirement. State v. Fortin, 178 N.J. … remarks were withdrawn promptly; and (3) whether the court ordered the remarks [be] stricken from the record and …
- A-5524-18 Opinionnjcourts.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 …
- A-4581-19 Opinionnjcourts.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 …
- A-0521-19 Opinionnjcourts.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 …
- A-1984-20 Opinionnjcourts.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 …
- A-1243-16T2 Opinionnjcourts.gov… Fasciale and Gooden Brown. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, … opinion, Judge Colleen M. Flynn agreed. She entered an order dismissing counts one, three and four without … the State withdrew its appeal of that part of Judge Flynn's order dismissing count one. The State now contends: POINT I …