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… Argued September 16, 2021 – Decided September 27, 2021 Before Judges Haas, Mawla, and Mitterhoff. On appeal from the … 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 …
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… Submitted October 25, 2021 – Decided November 5, 2021 Before Judges Sabatino and Natali. On appeal from the Superior … erupted when defendant told plaintiff she could not come back to live with him unless she abided by the ground … and the judge reasonably accepted her assertions. All other points raised by defendant lack sufficient merit to warrant …
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… Submitted March 8, 2021 – Decided November 18, 2021 Before Judges Hoffman and Smith. On appeal from the Superior … were not prejudicial ones which would have changed the outcome of the trial under Strickland.1 See State v. Preciose, … for the reasons set forth by Judge Chiarello in his comprehensive oral opinion. 10 A-5304-18 Any arguments not …
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… Submitted November 4, 2021 – Decided December 30, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … 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 …
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… Argued December 16, 2021 – Decided December 28, 2021 Before Judges Haas and Mawla. On appeal from the Superior … defaulted on the note. In March 2016, plaintiff filed a complaint against defendants for nonpayment of legal fees … would be void ab initio. Defendants raise the following points on appeal: I. THE COURT ERRED IN DENYING …
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… Argued January 4, 2022 – Decided January 14, 2022 Before Judges Fisher and Smith. On appeal from the Superior … 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, …
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… Submitted February 17, 2022 – Decided March 2, 2022 Before Judges Alvarez and Mitterhoff. On appeal from the New … (DOC), which upheld an adjudication and sanctions for committing prohibited act *.252, encouraging others to riot, … the orders [;] 4 A-3969-19 4. The inmate had ample time to comply with the order [;] 5. No inmate, after receiving …
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… Argued February 3, 2022 – Decided February 16, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … in the areas of child sexual abuse and Child Sexual Abuse Accommodation Syndrome (CSAAS), which "describe[s] traits … or law enforcement officer to intercept a[n] . . . oral communication, where such person is a party to the …
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… Submitted November 18, 2021 – Decided March 18, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … This appeal followed. Defendant raises the following points on appeal: POINT I DEFENDANT RECEIVED INEFFECTIVE … raised and rejected on direct appeal). Defendant cannot overcome the procedural bar by attiring the same arguments as an …
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… Submitted May 12, 2022 – Decided June 7, 2022 Before Judges Haas and Alvarez. On appeal from the Superior … robberies, made that defendant was one of two persons who committed the robbery. During a May 31, 2011 videotaped … Rodriguez explained he knew defendant and a Robert Reading committed the pharmacy robbery under investigation because …
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… Argued June 9, 2022 – Decided June 24, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … 6, 2009, plaintiff, a general partnership, entered into a commercial lease agreement with defendant Raymond Zola and … of Rock Foundation. On November 10, 2020, plaintiff filed a complaint alleging breach of contract and fraud. On May 28, …
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… Submitted May 24, 2022 – Decided June 22, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Board for a public hearing and a vote in order to ensure a complete record on appeal. At the March 9, 2020 Board … on Cassidy's attempt to intervene. Cassidy raises two main points in support of intervention. First, he argues that his …
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… Argued April 5, 2022 – Decided July 27, 2022 Before Judges Fasciale and Sumners. On appeal from the … identified by defendant alleged to be a witness or committing crimes. 3 A-2449-20 Police officers were … her without legal repercussions. Defendant was charged in complaint warrants with criminal mischief, N.J.S.A. …
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… Submitted June 7, 2022 – Decided July 27, 2022 Before Judges Fisher and Smith. On appeal from the Superior … guilty on the two charges, he understood the State would recommend a lesser sentence of twenty-two years on the … accusation and the indictment. And[] the State’s going to recommend at sentencing that . . . I sentence you to …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … raise important substantive issues and can lead to complicated and involved hearings. The Office of Parental … other areas. See, e.g., In re Op. No. 17-2012 of Advisory Comm. on Prof'l Ethics, 220 N.J. 468, 469 (2014). Until the …
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… Submitted January 17, 2023 – Decided April 28, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … Street Apartments1 in response to a fire alarm. The complex housed over 400 students in 81 different units. Heavy smoke was visible coming from the trash compactor on the ground floor, and the …
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… Submitted January 17, 2023 – Decided March 23, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … Specifically, defendant takes issue with the judge's comments that defendant's lack of eye contact (and, by … but I don't find him credible at all with the very main points. [(Emphasis added.)] While demeanor is a permissible …
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… Submitted November 1, 2022 – Decided January 13, 2023 Before Judges Sumners and Berdote Byrne. On appeal from the … under N.J.S.A. 2C:15- 1(b), the offense could also be committed where the actor attempts to inflict serious bodily … A person is guilty of robbery if, in the course of committing a theft, he: (1) Inflicts bodily injury or uses …
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… Submitted November 16, 2022 - Decided December 1, 2022 Before Judges Vernoia and Natali. On appeal from the Superior … The court explained defendant did not present any competent evidence establishing what an investigation would … N.J. 391, 419 (2004) (citing Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… Submitted September 12, 2022 – Decided September 30, 2022 Before Judges Currier and Bishop-Thompson. On appeal from the … N.J.S.A. 2C:39-5(b)(1), possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … defendant's arguments in detail. We add only the following comments. "We review the legal conclusions of a PCR judge de …