Filters
- A-0767-18T2 Opinionnjcourts.gov… take the following facts from the record. Plaintiff filed a complaint for divorce in April 2017. Defendant filed a … favored defendant. She concluded the parties had income parity because although plaintiff out earned defendant, … discretion or overlooked facts. Moreover, the judge did not commit a mistake of law by noting plaintiff did not seek …
- A-5485-17T4 Opinionnjcourts.gov… AN INVESTIGATION OF WITNESSES WHO WERE IN THE 2 Defendant complained his trial attorney was not present at sentencing … is alleging he was elsewhere at the time the crime was committed and therefore could not commit it." State v. Mitchell, 149 N.J. Super. 259, 262 …
- A-3521-16T1 Opinionnjcourts.gov… from the summary judgment dismissal of her negligence complaint against her landlord. She sustained injuries while … Plaintiff accessed the stairs to her apartment through a common entry hallway. The light fixture, which was placed … her deposition, plaintiff asserted that defendant did not communicate with her, and funneled all communication through …
- A-1969-16T3 Opinionnjcourts.gov… and the trial court had imposed a disparate sentence in comparison to his co-defendants. Defendant further contended … and, moreover, has no substantive merit in light of his comparatively more extensive criminal record. 7 A-1969-16T3 …
- A-3018-20 - STATE OF NEW JERSEY VS. ANDREW RHETT (88-03-0334, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… in Judge D'Arrigo's oral opinion. We add the following comments. I. Defendant's convictions arose from a violent … R. 3:21-10(b)(5). 3 A-3018-20 could get out. Ruddish complied. Durham, who was in the front passenger seat, … assault was an intentional criminal act not necessary to commit the robbery since defendant's threat to cut or kill …
- A-4616-15T2 Opinionnjcourts.gov… a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 … that (i) counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases;" and …
- A-4496-18T3 Opinionnjcourts.gov… an initial and supplemental brief arguing, among other points, that plea counsel and appellate counsel provided … claim for relief is based, [and] the legal grounds of the complaint asserted[.]" As the PCR judge subsequently noted, … pre-sentence report (PSR), which included a 2012 competency evaluation report by Dr. Raymond Terranova, a …
- A-2843-18T4 Opinionnjcourts.gov… its motion for reconsideration of an October 9, 2018 order compelling the County to pay the cost of the transcript of … The Law Division issued an October 9, 2018 order compelling the County to pay the cost of the municipal court … followed. 5 A-2843-18T4 The County raises the following points for our consideration: I. THE LAW DIVISION'S ORDER …
- A-4610-16T4 Opinionnjcourts.gov… assault, N.J.S.A. 2C:14-2(b). In exchange, the State recommended the dismissal of the second count, a sentence of … of counsel "were outside the wide range of professionally competent assistance." Ibid. Adequate assistance of counsel must be measured by a standard of "reasonable competence." State v. Jack, 144 N.J. 240, 248 (1996) (citing …
- A-4513-17T3 Opinionnjcourts.gov… "a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. 3 Strickland v. … Under the first Strickland prong, "a defendant must overcome a 'strong presumption' that counsel exercised … 466 U.S. at 690, as measured by a standard of "reasonable competence," Fritz, 105 N.J. at 53. "Judicial scrutiny of …
- A-5089-17T2 Opinionnjcourts.gov… PIROZZI GENERAL CONTRACTING, LLC and UNITED STATES SURETY COMPANY, Plaintiffs-Appellants, v. COUNTY OF CUMBERLAND, … in 2015 with defendant, Cumberland County (County), to complete a window replacement project at the county library. … Association (AAA). County then joined United States Surety Company in the litigation. Before selecting the arbitrator, …
- A-0382-17T4 Opinionnjcourts.gov… and Reisner. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-2961. Maurice W. Mc Laughlin … General, argued the cause for respondent Civil Service Commission (Gurbir S. Grewal, Attorney General, attorney; … Richard Lisowski appeals the August 21, 2017 Civil Service Commission final decision regarding his challenge to the …
- A-0021-18T1 Opinionnjcourts.gov… written opinion issued with the order. We add the following comments. On the evening of October 3, 2017, the police … porch area of the apartment. When the police asked her to come outside, they found she was so drunk she could barely … with the doors open, on the grass median of the apartment complex parking lot. J.T., whom the police found inside the …
- A-3132-17T4 Opinionnjcourts.gov… money to apply to college. She planned to attend a local community college to study environmental science and then … offense occurred and exercised poor judgment regarding the company she kept. Regarding the failure to follow the … not diverted." The prosecutor recited defendant's non-compliance with the conditions of her juvenile probation as …
- A-5592-16T1 Opinionnjcourts.gov… they were previously adjudicated. The judge declined to comment on the substance behind defendant's renewed … PCR petition for the reasons stated in Judge Teare's comprehensive opinion. We only add the following. Rule … at 687; Fritz, 105 N.J. at 52. To rebut the presumption of competent performance, "defendant must establish that trial …
- A-4492-19 Opinionnjcourts.gov… was water. But an employee admitted that the Salon offered complimentary bottled water to its customers. Indeed, before …
- A-2978-19 Opinionnjcourts.gov… of child pornography. In exchange, the State agreed to recommend that defendant be sentenced to probation conditioned … opinion, R. 2:11-3(e)(2), except to add the following comments. We start our brief explanation for affirming the … the scope of review to determining whether: the sentence comports with the sentencing guidelines provided by the …
- A-4468-19/A-4470-19 Opinionnjcourts.gov… 29, 2020 Law Division orders dismissing their class action complaints as barred by the entire controversy doctrine. … reasons set forth in Judge Keith E. Lynott's thoughtful and comprehensive written decision. 3 A-4468-19 As described in … Lynott's statement of reasons addressing plaintiffs' 2019 complaints, plaintiffs asserted in separate actions …
- A-2807-19 Opinionnjcourts.gov… she stepped on the curb and then slipped. When she later completed a questionnaire at her physical therapist's … the pavement. They testified they were never advised of non-compliance with any local building codes. They further …
- A-0373-19T1 Opinionnjcourts.gov… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1649. Harkavy Goldman Goldman & … Attorney General, attorney for respondent Civil Service Commission (Jonathan S. Sussman, Deputy Attorney General, on … a young driver, he had no summonses since 2009, and had no points on his license since 2014. He argued his driving …