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- 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-4370-17T4 Opinionnjcourts.gov… Lepore appeals from the Law Division's March 29, 2018 orders denying his motion for partial summary judgment … Place, some members of the public used the disputed area in order to access the shores of the river and for recreation … access to the river." The judge entered two companion orders that day: the first denying plaintiff's motion for …
- A-3743-17T4 Opinionnjcourts.gov… Plaintiff Constantine Zois appeals from a March 12, 2018 order granting summary judgment to Kean University in an age … fact and 'the moving party is entitled to a judgment or order as a matter of law.'" Ibid. (quoting Templo Fuente De … 415, 426 (App. Div. 2009) (quoting Merchs. Express Money Order Co. v. Sun Nat'l Bank, 374 N.J. Super. 556, 563 (App. …
- A-5412-15T3 Opinionnjcourts.gov… P.J.A.D. Defendant Michael J. West appeals from the order of the Law Division, Criminal Part, finding him guilty of the petty disorderly person's offense of harassment under N.J.S.A. … the charge against defendant to harassment, a petty disorderly person's offense under N.J.S.A. 2C:33-4(a). In an …
- A-5284-18T2 Opinionnjcourts.gov… 23, 2019 2 A-5284-18T2 On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, … agreements with fleet operators and owner operators in order for the fleet operators and owner operators to use … clause was properly not enforced by the trial court, in order to "effectuate[] the legislative scheme of insuring …
- A-3471-16T4 Opinionnjcourts.gov… State appeals from that portion of a March 10, 2017 order granting defendant's motion to suppress the … crimes with which defendant is charged. The March 10, 2017 order denied defendant's motion to suppress the out-of-court … likelihood of misidentification." The judge entered an order suppressing A.T.'s out-of-court identification of …
- A-4398-14T1 Opinionnjcourts.gov… 2C:43-6(c). On appeal, defendant challenges the Family Part order waiving jurisdiction, arguing that the State failed to … a black SUV while he was standing outside of his home and ordered him to turn over his belongings. When the victim … and Clark at the time and place in question, Bailey's order to defendant to keep his mouth shut to which defendant …
- A-1519-16T3 Opinionnjcourts.gov… action, plaintiff Kathleen Pfeifer appeals from the order of the Chancery Division, General Equity Part, that … any mortgage she may have entered into would have to, in order to be recorded properly, recite that Joanne Gillikin, … the mortgage and lis pendens. Plaintiff now appeals the orders granting defendant's motion for summary judgment, …
- A-0809-17T1 Opinionnjcourts.gov… The State appeals on leave granted from a September 7, 2017 order dismissing one count of a superseding indictment … perfectly clear as to its application," concluded that "in order to avail [one]self of the right to carry 'any firearm' … 365 (App. Div. 2017). Reversed and remanded for entry of an order reinstating the unlawful possession charge of the …
- A-1883-14T4 Opinionnjcourts.gov… Defendant Keith M. Kenion appeals from a September 22, 2014 order entered by the Law Division, which denied his petition … United States or the State of New Jersey. [Ibid.] In order to establish ineffective assistance of counsel, … a medical expert to testify about the victims' injuries. In order for a defendant to establish a prima facie case for …
- A-3114-14T3 Opinionnjcourts.gov… (Board) appeals from a February 26, 2015 Law Division order, which reversed the Board's denial of plaintiff Aurora … done here. 10 A-3114-14T3 The court entered a memorializing order on February 26, 2015, and this appeal followed. II. On … or unreasonable. Accordingly, we reverse the Law Division order and reinstate the Board's resolution denying the use …
- A-3290-15T3 Opinionnjcourts.gov… and on the brief). PER CURIAM Plaintiff appeals from an order that granted summary judgment to the State of New … 395, 402-03 (1997)). Our review of the summary judgment order here requires us to "determine whether the evidence, … of the skin throughout her lumbar spine." Dr. Nachwalter ordered "an MRI of the lumbar spine to rule out a …
- A-1431-15T2 Opinionnjcourts.gov… Panico appeals from the January 2, 2015 summary judgment order dismissing his personal injury negligence complaint … and that the moving party is entitled to a judgment or order as a matter of law." Ibid. (quoting R. 4:46-2(c)). "If … fact, precluding summary judgment. We therefore vacate the order granting defendants' motion and remand for further …
- A-4132-14T3 Opinionnjcourts.gov… PER CURIAM Defendant T.M. appeals from a January 31, 2012 order of the Family Part, now final, finding she abused and … the child, 1 We refer to the child by a fictitious name in order to protect her privacy. 3 A-4132-14T3 the bump on her … the judge relied on color prints, counsel requested that we order the Division to produce the photographs. We granted …
- A-2215-16T3 Opinionnjcourts.gov… Defendant A.R.1 appeals from a September 26, 2016 order denying his petition for post-conviction relief (PCR) … sexual assault, N.J.S.A. 2C:14-2(b), and the petty disorderly persons offense of offensive touching, N.J.S.A. … court stated it could not properly grant a PCR petition or order an evidentiary hearing on defendant's PCR petition …
- A-2747-16T3 Opinionnjcourts.gov… Defendant Osha Dabney appeals from a January 19, 2017 order denying his petition for post-conviction relief (PCR). … sentencing oral argument calendar. Pursuant to a consent order, defendant's sentence on count four was remanded based … Lincoln Navigator he was stopped in during his arrest in order to me[et] (sic) . . . the [confidential informant] and …
- A-5620-14T3 Opinionnjcourts.gov… "a miscarriage of justice under the law" for reversal of order regarding a motion for a new trial). A "miscarriage of … hung up on this notion of proving replacement in order to demonstrate [the pole] was damaged." Throughout … with replacement of the pole, and its equipment. In order to recover such costs, plaintiff must prove by a …
- A-1487-15T1 Opinionnjcourts.gov… as a safety hazard, Ozdemir performed a traffic stop in order to inform the driver the light was not working. He … judge's determination that the officer stopped the Honda in order to advise the driver of the non-working brake light. … "stopping an automobile and detaining the driver in order to check his driver's license and the registration of …
- A-0369-16T1 Opinionnjcourts.gov… 2 A-0369-16T1 Defendant Jason J. Harrell appeals from an order entered by the Law Division on May 12, 2016, denying … and Rule 3:22-12(a)(2). Defendant appealed from the order denying PCR. We held defendant's claims regarding PCR … evidentiary hearing was not required. The court entered an order dated May 10, 2016, denying defendant's second …