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… Submitted February 5, 2019 – Decided Before Judges Fisher and Geiger. On appeal from Superior Court … law"), N.J.S.A. 2C:44-1(a)(9); and (3) the sentencing judge committed plain error by repeating a quote from former … "could not reasonably be expected to be aided in any way by appointment of [PCR] counsel" or by conducting an …
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… Respondent. Submitted January 28, 2019 – Decided Before Judges Fasciale and Rose. On appeal from the New Jersey … from the record before the DOC. S.H. was involuntarily committed under the Sexually Violent Predator Act (SVPA), … term "correctional facility" [on the forms] does not in any way indicate that you are an "inmate" nor does it deny you …
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… Submitted March 7, 2019 – Decided April 5, 2019 Before Judges Simonelli and Firko. On appeal from Superior … in the Superior Court. Defendant decided to proceed by way of Accusation and agreed to enter an unconditional … by auto and DWI charges. In exchange, the State agreed to recommend a fourteen-month term of imprisonment and to dismiss …
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… IZAAC FRAZIER, TURTLE WEBB, NASIA WEBB, and LAMAR OXFORD, Defendant-Appellant. _____________________________ … R. 2:11-3(e)(2), and affirm. We add only a few brief comments. As for defendant's first three points, some … tactic for defense counsel to decline to stand in the way of this statement's admission. Lastly, in his fourth …
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… Submitted May 8, 2019 – Decided May 30, 2019 Before Judges Currier and Mayer. On appeal from Superior Court … the petition within one year from when one of these grounds commenced. Its time limitation "shall not be relaxed, except … Super. 284, 293 (App. Div. 2018) (noting that in 2010, by way of amendments, the "Supreme Court made clear that the …
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… Submitted September 11, 2019 - Decided Before Judges Koblitz, Gooden Brown, and Mawla. On appeal from … [fifty-fifty] basis between [plaintiff] and [defendant] by way of QDRO1." Because plaintiff was employed by the federal … his retirement benefits. Defendant filed a motion to compel plaintiff to reimburse the funds distributed to him …
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… Argued October 17, 2019 – Decided November 1, 2019 Before Judges Mayer and Enright. On appeal from the Superior … because she was wearing dark clothing. According to the complaint, "decedent . . . attempted to cross … (App. Div. 2017). 3 A-2064-18T3 Justice Samuel A. Alito Jr. Way . . . ." Despite the existence of crosswalks at …
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… Argued October 17, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … from a November 26, 2018 order denying their motion to compel arbitration and a January 25, 2019 order denying … in '13 and '14 in Princeton at Wells Fargo does not in any way give Wells Fargo the ability to claim that he's bound by …
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… November 4, 2019 – Decided November 19, 2019 Before Judges Koblitz, Whipple, and Mawla. On appeal from the … Antonelli.1 We affirm. In 2013, the parties entered into a commercial lease agreement for units in defendant's building … credit check, they didn't look into financials. They had no way of actually knowing that [Epstein and Antonelli] could …
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… Submitted November 14, 2019 – Decided Before Judges Alvarez, Nugent and Suter. On appeal from the … the issue raises a question of law, which we always review de novo. Smith v. Millville Rescue Squad, 225 … Judge Pressler addressed a factually similar scenario in Bascom Corporation v. Chase Manhattan Bank, 363 N.J. Super. 334 …
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… Submitted November 18, 2019 - Decided Before Judges Vernoia and Susswein. NOT FOR PUBLICATION … to note that defendant failed to answer plaintiff's complaint filed on March 31, 2015 and served on defendant on … to the entry of final judgment, and the trial court in no way abused its discretion in rejecting the central premise …
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… Argued February 6, 2020 – Decided February 21, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … was in effect on March 17, 2016—the day, according to the complaint later filed against Tolotti, his negligent … clauses, each clear. To interpret two clear clauses in that way, it continued, 5 A-4102-18T4 would violate a fundamental …
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… Submitted October 21, 2019 – Decided March 5, 2020 Before Judges Fasciale and Mitterhoff. On appeal from the … was administered psycho-physical evaluations along the highway. A sample of defendant's breath, procured by way of … The tractor was neither registered with the Motor Vehicle Commission nor was it insured. Despite these concessions, …
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… statute , and second- degree possession of a handgun while committing a drug-related offense. 3 A-1904-18T3 According … planned robbery went awry and another person, not the target of the intended robbery, was shot and killed. Defendant … at the trial of any co[-]defendants who did not resolve by way of a plea. You understand that?" The judge sentenced …
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… Submitted March 30, 2020 – Decided April 27, 2020 Before Judges Fasciale and Moynihan. On appeal from the … and Genesis N.J. Holdings, LLC's (Powerback) motion to compel binding arbitration. The judge concluded Frances was … and all claims or controversies arising out of or in any way relating to this Agreement or the Patient's stay at the …
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… Submitted May 11, 2020 – Decided June 22, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … Yew appeals from an order dismissing with prejudice his complaint that Inservco Insurance Services, Inc., the … was not disclosed. "[J]udges must avoid acting in a biased way or in a manner that may be perceived as partial." DeNike …
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… child support obligation due to an alleged decrease in income. Because neither party had submitted a Case Information … court's November 29, 2017 order directed them to do so, together with their last three pay stubs and their tax returns … is "not just window dressing. It is, on the contrary, a way for the trial judge to ge t a complete picture of the …
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… Appellants, v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION, Respondent. ___________________________ … Submitted November 9, 2020 – Decided Before Judges Sabatino and Currier. On appeal from the New … approval for reimbursement of services in one year in no way guarantee[s] that the same service will be reimbursed in …
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… Submitted December 14, 2020 – Decided February 12, 2021 Before Judges Sabatino and Currier. On appeal from the … house where he lived, he noticed there was snow on the common walkways of the rooming house property and the adjoining public …
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… Submitted February 1, 2021 – Decided Before Judges Mayer and Susswein. On appeal from the Superior … issues may be used to explain why defendant acted a certain way but could not "be used to justify or excuse a … factor. Defendant failed to demonstrate he would never become angry enough to assault someone in the future. Nor was …