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njcourts.gov
… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … NJ. The accident, however, was at the intersection of Soldier Hill Road and Pascack Road in Paramus, NJ. Because the … considering 'the proofs as a whole.'" Id. at 161 (quoting Dietrich v. Toms River Bd. of Educ., 294 N.J. Super. 252, …
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njcourts.gov
… without an evidentiary hearing. He presents the following points on appeal: POINT I THE PCR COURT ERRED IN DENYING … first- degree aggravated sexual assault in the course of committing a kidnapping, N.J.S.A. 2C:14-2(a)(3); and … 2C:43-7.2, parole supervision for life, and ordered to comply with all Megan's Law registration requirements. In …
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njcourts.gov
… on defendant's failure to tell the police his brother was coming to pick him up. In addition, the judge found … of events inconsistent since defendant and Vincent did not communicate for hours after their last phone call at 10:57 … same sentence. On appeal, defendant raises the following points in his brief: POINT I THE STATE DID NOT PROVE BEYOND …
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njcourts.gov
… attack upon a conviction by habeas corpus or any other common-law or statutory remedy. When petitioning for PCR, … Strickland, 466 U.S. at 690. The defendant "must overcome the presumption that the attorney's decisions followed … to the reality that, but for counsel's deficiency, the outcome would have been different." State v. Allah, 170 N.J. …
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njcourts.gov
… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … a life sentence. On appeal, defendant raises the following points: 5 A-3182-15T3 POINT ONE BECAUSE WESTON WAS SEVENTEEN … the prohibition against cruel and unusual punishment, embodied in the Eighth Amendment to the United States …
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njcourts.gov
… by order filed on May 6, 2016. Judge Blaney issued a comprehensive thirteen-page written opinion on the same date … The judge then instructed the jury: You are to totally and completely disregard the question and answer that you just … it does not seem likely that this small bit of evidence, in comparison with the remainder of the evidence against him, …
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njcourts.gov
… facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … on both motions was conducted before the Law Division. Upon completion, the judge granted both motions by orders dated … Thus, we consider, as the trial judge did, whether "the competent evidential materials presented, when viewed in the …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2005-6845. Dickie McCamey & … E.W. Millwork, LLC appeals the Division of Workers' Compensation court orders of January 14, 2008, denying its … of its two members, did not affirmatively elect workers' compensation owner's coverage as required by N.J.S.A. …
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njcourts.gov
… property. As part of that effort, a copy of the summons and complaint was simultaneously mailed by certified and regular … on September 20, 2018. On October 15, 2018, a copy of the complaint and notice to absent defendant was posted on the … This appeal followed. Defendant raises the following points for our consideration. POINT I THE TR[IAL] COURT …
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njcourts.gov
… third-degree burglary and third-degree conspiracy to commit burglary under Indictment No. 14-04-0474; … and second-degree robbery, second-degree conspiracy to commit robbery, first-degree robbery, and third-degree … ninety-five years for these offenses, the State agreed to recommend that the trial court sentence defendant 3 A-0391-19 …
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njcourts.gov
… first-degree armed robbery, second-degree conspiracy to commit armed robbery, second-degree possession of a weapon … charge. In accordance with 4 A-2233-19 the State's recommendation, defendant was sentenced to a five-year prison … regarding aggravating and mitigating factors were based on competent and credible evidence in the record . . . and that …
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njcourts.gov
… third-degree burns." On July 13, 2018, plaintiffs filed a complaint against defendants, alleging plaintiff sustained … N.J. 252, 273 (2010) (quoting Hirsch, 266 N.J. at 266). Remedies for spoliation of evidence include use of discovery … approach. Instead of evaluating the available remedies, the court mistakenly presumed that plaintiffs cannot …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-34627. Fuhrman & … appeals from the May 5, 2020 dismissal of his worker's compensation claim petition with prejudice and the denial of … petitioner filed an employee claim petition for workers' compensation benefits under N.J.S.A. 34:15-7, alleging he …
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njcourts.gov
… v. CONRAIL DEVELOPERS LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, Defendant-Appellant/ Third-Party Plaintiff, and … the principal of the property's corporate owner, envisioned commercial spaces on the first floor of the proposed …
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njcourts.gov
… restraining defendant from having any form of contact or communication with Mary, the mother of his son, Michael, … 630 (App. Div. 2015), the judge determined defendant's communication was a knowing violation of the FRO. According … minor child." Defendant now appeals, raising the following points for our consideration: POINT I THE TRIAL COURT ERRED …
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njcourts.gov
… Nugent, Suter and DeAlmeida. On appeal from the New Jersey Commissioner of Education, Department of Education, Docket … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Donna Sue Arons, Assistant … basketball coach, appeals from a final decision of the Commissioner of Education ("Commissioner"). The Commissioner …
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njcourts.gov
… and convincing evidence sustaining all violations and recommended revocation of PSL and MS and the imposition of a … month FET on each. The two-member panel found that Wood's commission of the violations was "serious" and that … "not amenable to supervision and a possible danger to the community." The Board affirmed the panel's revocation and …
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njcourts.gov
… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Special Deputy Attorney General/Acting Assistant … probability" that the deficient performance affected the outcome. 4 A-1167-18T3 Fritz, 105 N.J. at 58. Under those … prejudice to the State's case as memories fade, witnesses become unavailable, and evidence is lost. Ibid. Second, it …
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njcourts.gov
… DUE PROCESS FORM OF REDRESS. We determine that sufficient, competent evidence supported the trial court's decision and … court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Contrary to … findings must be supported by a residuum of legally competent evidence. Weston, 60 N.J. at 51; see also In re …
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njcourts.gov
… sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of … show: "counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and . . … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 158, 160 (citing R. 3:2-1). …