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… acknowledged the need for the refrigeration units to compensate for products entering at room temperature. … problem . . . ." On appeal, Zina's raises the following points: POINT I THE TRIAL COURT ERRED IN DENYING [ZINA'S] … the company and not an independent expert witness." Zina's points to Totaro and V.A.L. as examples in which parties …
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… 17 to -35. We affirm. On July 3, 2022, plaintiff filed a complaint seeking a temporary restraining order (TRO) against defendant alleging she had committed acts of domestic violence against him, … during which both parties appeared pro se. Prior to commencing the hearing, the judge advised defendant of her …
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… a probability sufficient to undermine confidence in the outcome. '" Gideon, 244 N.J. at 550-51 (alteration in original) … See N.J.S.A. 2C:15-1(a)(2) and (b) (providing an actor commits a first-degree robbery by threatening another with, …
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… Life for a Substantial Period of Time before the Commission of the Present Offense Pursuant to N.J.S.A. … Attitude of the Defendant Indicate that He Is Unlikely to Commit Another Offense Pursuant to N.J.S.A. 2C:44-1(b)(8) … factors to determine whether they 'were based upon competent credible evidence in the record.'" State v. …
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… certain-persons charge. In return, the State agreed to recommend a sentence of seven-years imprisonment with a … with a five-year parole ineligibility period along with accompanying fines and penalties. Defendant did not appeal his … hearing before the PCR judge and raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …
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… where [he] was found innocent . . . because of the . . . compelling and substantial evidence . . . and the extreme … "inherent equitable authority to fashion appropriate remedies." Div. of Youth & Fam. Servs. v. M.W., 398 N.J. Super. … relief that this court may grant, we do not discuss these points further. See De Vesa v. Dorsey, 134 N.J. 420, 428 …
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… to the Division's Enrollment Bureau questioning Newark's compliance with the pension statutes regarding the … a year later, on May 29, 2015, NFU filed a Superior Court complaint against Newark and the Division. The complaint … THE LEGISLATIVE ENACTMENT AND FRUSTRATES THE POLICY EMBODIED IN THE STATUTE. POINT III THE BOARD OF TRUSTEES OF THE …
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… entered following a fact finding hearing concluding they committed abuse or neglect of their children F.E.C. (Flynn) … to the parties' residence regarding a domestic violence complaint. When they arrived, Songui observed a man inside … Risk Of Substantial Harm. In A-4904-17, Floyd the following points: POINT I - THE DETERMINATION THAT [FLOYD] VIOLATED …
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… address, phone number and social security number; defendant complied. The officer also asked defendant "if she knew … her. He did not limit her movement; in fact, defendant felt comfortable enough to get up from the bench. The officer did … It is of no moment that the officer left defendant in the company of another officer when he left to speak to the …
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… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … award. On appeal, defendant raises the following points for our consideration: POINT I THE PROCEDURAL AND … rights. B. The [a]rbitration [a]greement does not comply with mandatory provisions of R[ule] 5:1-5. C. There …
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… a new trial and a lesser sentence. He argues the following points: POINT I THE COURT'S FAILURE TO PROVIDE A COMPLETE IDENTIFICATION INSTRUCTION DENIED DEFENDANT HIS … The jury rejected this defense. II. Defendant argues two points in an attempt to have the jury's verdict overturned. …
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… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … when defendant was admitted to the emergency room, he was complaining of chest pain and anxiety. Patrolman Scott … 39:3-60. II On appeal, defendant asserts the following points for our consideration:4 POINT I: THE SUPERIOR COURT, …
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… they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … attitude in open court." A. Opening Statement Defendant points to trial counsel's failure to provide an opening … During closing arguments, trial counsel said: I go first? Ladies and gentlemen, members of the jury, the evidence …
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… following issues on appeal: POINT I: THE STATE'S FAILURE TO COMPLY WITH [RULE] 3:13-3(b) REGARDING PRODUCING TRANSCRIPTS … ARREST SHOULD HAVE BEEN GRANTED. POINT III: CERTAIN COMMENTS MADE BY THE PROSECUTOR DURING HIS SUMMATION [WERE] … he crashed the vehicle, then ran and threw away his gray hoodie while running. 6 A-2057-17T2 Peace also gave a …
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… to allow his claim that the State's plea offer was not communicated to him. In June 2017, a new PCR judge heard … agreement and, if so, whether counsel had failed to communicate that plea of fer to defendant. In November 2017, … 2018, the PCR court denied defendant's petition in a comprehensive oral opinion and written order. II. Defendant …
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… began in 2008, and in 2012, plaintiff was awarded rental income, his attorney was awarded fees, and the parties agreed … Laskin in June 2010, where plaintiff agreed to dismiss his complaint, and the parties agreed to dissolve the … the partnership's existence, and he filed a third- party complaint against plaintiff's attorney, primarily alleging …
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… State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … Div. 1994), "[t]rial [c]ounsel does not have the ability to compel a plea offer as the prosecutor solely possesses this … See ibid. ("[A] defendant has no legal entitlement to compel a plea 8 A-0224-19T1 offer or a plea bargain; the …
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… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6103). On August 5, 2015, Scott filed a denial of access complaint with the GRC. He argued that the HCFFA custodian … and its employees. Before the GRC, the HCFFA custodian compiled a list of records responsive to Scott's request and …
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… empty. He then began to search the center console, glove compartment, and back seat. Not finding anything of … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID … See State v. Witt, 223 N.J. 409, 419 (2015) (holding "the points of divergence developed in proceedings before a trial …
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… DR. DAVID WALOR, a physician, MELISSA ASSAEL- DIAZ, a dietician, MOLISHA PATEL, PA, ROBERT WOOD JOHNSON UNIVERSITY … Charles Talian (Paul R. Garelick, on the brief). Giblin Combs Schwartz Cunningham & Scarpa attorneys for respondent … plaintiff he "thought it was strange that no radiologic studies were done in an effort to diagnose the abdominal …