-
njcourts.gov
… newly discovered evidence that would have changed the outcome of trial, and the prosecutor suppressed evidence and … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo … a trial whose result is reliable." Id. at 687. "The error committed must be so serious as to undermine the court's …
-
njcourts.gov
… 2C:35-7.1. After his conviction, defendant pled guilty to committing third-degree possession of CDS, marijuana, with … he did not establish that, even if counsel erred, the outcome of the trial would have been different, or they were … 105 N.J. at 54 (citations omitted). The act or omission complained of must amount to more than mere tactical …
-
njcourts.gov
… 2 A-0043-20 PER CURIAM Plaintiffs Min Wu and Yongua Chen commenced this action seeking, among other things, a … of those facts, we affirm the dismissal of plaintiffs' complaint. Plaintiffs acquired their Livingston residence, … their disagreement in court. A few days later, Gesualdo completely removed the post-and-rail fence and erected a …
-
njcourts.gov
… while waiting to be served. He knew defendant from the community, although he had not previously spoken to him and … motion for a mistrial was reversible error because Taylor's comment was so prejudicial as to deprive him of a fair … discretion. 6 A-3320-18 Defendant's cited cases are inapposite because the judge promptly addressed the officer's …
-
njcourts.gov
… defaulted on the note. In March 2016, plaintiff filed a complaint against defendants for nonpayment of legal fees … representing plaintiff boasted he could influence the outcome of the case, as he was married to a judge in the … would be void ab initio. Defendants raise the following points on appeal: I. THE COURT ERRED IN DENYING …
-
njcourts.gov
… erupted when defendant told plaintiff she could not come back to live with him unless she abided by the ground … in her narrative about the incident at the Holiday Inn. By comparison, the judge was ambivalent about defendant, … and the judge reasonably accepted her assertions. All other points raised by defendant lack sufficient merit to warrant …
-
njcourts.gov
… POINT I THE COURT ERRED IN DETERMINING THAT [DEFENDANT] COMMITTED EQUITABLE 6 A-2339-19 FRAUD. a. Legal Standard for … to him. In sum, the court did not err in finding defendant committed equitable fraud and ordering rescission of the …
-
njcourts.gov
… Appellant, v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION, Respondent. ___________________________ … the New Jersey Catastrophic Illness in Children Relief Fund Commission. A.O., appellant pro se. Gurbir S. Grewal, … of defendant Catastrophic Illness in Children Relief Fund Commission (the Commission) denying reimbursement of his …
-
njcourts.gov
… Power and Light for $1,591.43 in damages. Plaintiff's complaint alleged defendant negligently damaged an … that defendant did not breach its duty of care based on its compliance with the Underground Facility Protection Act, … "mark outs"1 of the existing underground utilities at the site of its excavation. Plaintiff owns an underground storm …
-
njcourts.gov
… on the brief). PER CURIAM Plaintiff Allyson Wallace filed a complaint against defendant Starkist for damages arising … by defendant, Judge Robert H. Gardner dismissed plaintiff's complaint with prejudice because it was filed after the … to reinstate that was supported by an alleged copy of her complaint bearing a timely filed stamp, Judge Floria …
-
njcourts.gov
… the law. His argument that the plea court failed to comply with Rule 3:9-2 requires an analysis discrete from … established an adequate factual basis and otherwise complied with Rule 3:9-2. We start with the factual basis. … court invited him to ask any questions he wished, defendant complained it was "very hard for [him] to contact [his] …
-
njcourts.gov
… of the public in which the police ask questions and do not compel an individual to answer." State v. Rosario, 229 N.J. … a well-grounded suspicion of criminal activity before commencement. Id. at 271-72; see also Elders, 192 N.J. at … 273 (2002)). "'Furtive' movements by [a] defendant," unaccompanied by other circumstances, "cannot provide reasonable …
-
njcourts.gov
… was charged in separate indictments in 2012 of having committed controlled dangerous substance (CDS) offenses. By …
-
njcourts.gov
… expressed by Judge Ciarrocca. We add only the following comments. If you find that plaintiff has proven that (1) the … close proximity to the supermarket's checkout counters and points to a 8 A-0923-19T3 photograph in the record showing … grapes in open-topped bags as to render Nisivoccia inapposite. Affirmed. … a0923-19.pdf … A-0923-19T3 …
-
njcourts.gov
… GEORGE BELLO, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, d/b/a STATE FARM, Defendant-Appellant. … his auto insurance carrier, defendant State Farm Indemnity Company (State Farm), seeking damages for injuries arising … improperly charged the jury. We conclude the trial judge committed reversible error when he entered judgment for …
-
njcourts.gov
… UNION FINANCIAL, LLC and WESTCOR LAND TITLE INSURANCE COMPANY Defendants-Respondents, and MERS and ARMANDO B. … LLC, attorneys for respondent Westcor Land Title Insurance Company (Russell M. Finestein, of counsel; Corrine LaCroiz … sheriff's sale and denied. Plaintiff argues the following points in her appeal: 1. THE TRIAL COURT ERRED IN DENYING …
-
njcourts.gov
… defendant's car, she shined a flashlight into the passenger compartment. She immediately observed a large silver … 2C:44-1(a)(3) 4 A-0748-19 (risk that defendant will commit another offense), six, N.J.S.A. 2C:44-1(a)(6) (extent … would have been different had his attorney investigated the site of his arrest more thoroughly. In light of these …
-
njcourts.gov
… affirm. I. Christina Voncolln left her sister's apartment complex to go to Atlantic City. She was carrying a gray and … Minutes later, police officers arrived at the apartment complex and Ms. Voncolln described the incident to them. She … a persistent offender. Pierce, 188 N.J. at 161. The prerequisites are: The defendant has been convicted of a crime of …
-
njcourts.gov
… which is outside of the estate. Robert and Basem made competing applications to be appointed Administrator of the … brought a partition action against Basem in July 2014 to compel the sale of the house and the division of the … of any opposition. We have considered all other points raised by appellant, and they lack sufficient merit …
-
njcourts.gov
… (USA), INC., Plaintiffs-Appellants, v. ADMIRAL INSURANCE COMPANY, Defendant-Respondent. ___________________________ … Home Depot customers. 3 A-0353-20 Defendant issued Norman a commercial general liability policy, effective from 2017 to … duty to defend and to "pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily …