-
njcourts.gov
… on which he built a house where they would reside together. The original deed to the property conveyed title to … After Burke ended the relationship, he filed a complaint in the Chancery Division, General Equity Part, … The deed when accepted is presumed to express the ultimate intent of the parties with regard to so much of the …
-
njcourts.gov
… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … Frank Marsh, who the State alleged defendant paid to ultimately execute the murder. Id. at 506–07.1 Defendant … on summation, when the witness would be unable to explain away inconsistencies. Moreover, as trial counsel explained, …
-
njcourts.gov
… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
-
njcourts.gov
… THAT HIS CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. Trial Counsel was … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … children, the smaller occupied by her parents, who passed away in 2007. These parents were at the smaller house "mostly …
-
njcourts.gov
… supplied on appeal reflects the municipal court failed to comply with the self-representation protocol mandated by … and Marie Cole are spouses who own and reside in a house in Wayne Township. In June 2016, after inspecting the premises, … was transferred to a series of different municipalities. Ultimately the case was docketed with the Hawthorne …
-
njcourts.gov
… telephonically May 26, 2020 – Decided July 17, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
-
njcourts.gov
… The car returned a short time later, parking in a location away from the business, and the female driver got out. She … PERMITTING LAY OPINION TESTIMONY BY TWO OFFICERS AS TO THE ULTIMATE ISSUE IN THE CASE USURPED THE ROLE OF THE JURY AND … 1 (1968). 8 A-2574-17T1 articulable facts which, taken together with rational inferences from those facts," provide a …
-
njcourts.gov
… described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four people … Holland factor – and the fact that police in this case ultimately applied for a warrant is not dispositive that …
-
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … paid for the amount that was established. Columbia Bank did ultimately agree to reduce the escrow obligations of SHA, …
-
njcourts.gov
… the State agreed to dismiss the remaining count and recommend a four-and-a-half year prison term. However, if … assertion, the criticism did not undermine the court's ultimate conclusion that plea counsel was not ineffective in … dismissed defendant's argument that the issue should be revisited because the trial court did not evaluate his plea …
-
njcourts.gov
… Submitted August 1, 2017 – Decided Before Judges Hoffman and Currier. On appeal from the Commissioner of Education, Docket No. 122-6/15. Michael A. … We decline to discuss this argument at length, as the ultimate resolution of these issues has no bearing on …
-
njcourts.gov
… the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … defendant became "antagonistic" and attempted to "twist away" from Officer Lay. Defendant stated the object was his … of the plain feel doctrine, the court did not make the ultimate determination whether this exception could justify …
-
njcourts.gov
… R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … occurred. The witness also said that he saw the men drive away in a green car, and he obtained the license plate number … 387 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
-
njcourts.gov
… POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; LIRO ARCHITECTS AND ENGINEERS WEST, PC, a New … of Thornton Tomasetti, Inc., Defendants-Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that exceeded rebuttal of the defense experts' reports. Ultimately, the judge agreed that portions of the …
-
njcourts.gov
… stabbed Davis a second time. Defendant testified he backed away, but Davis again hit him in the head with the bottle. … against admission of the knife, which the trial judge ultimately rejected. 6 A-2291-16T4 On defendant's claim that … it was unlikely that Douglas "would have been more forthcoming" with details concerning the incident than he was …
-
njcourts.gov
… Argued October 24, 2017 – Decided Before Judges Hoffman and Mayer. NOT FOR PUBLICATION WITHOUT … he walked across an intersection in Pleasantville. Tyrone ultimately died from his injuries on February 8, 2014, after … that CURE insured. On December 8, 2014, plaintiff filed a complaint in the Law Division, Atlantic County, against …
-
njcourts.gov
… order entered on December 5, 2014, dismissing their amended complaint with prejudice for failure to provide discovery. … NPP would move its operations to Ridgid's facility in Wayne. Plaintiffs allege that under the partnership … R. 4:23-2(b)(3). "Since dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no …
-
njcourts.gov
… Submitted November 2, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … amend her counterclaim and for leave to file a third-party complaint against plaintiff's son and daughter, which the … 352 N.J. Super. 245, 264 (App. Div. 2002). They have "the ultimate responsibility of conducting adjudicative …
-
njcourts.gov
… Submitted December 5, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … of a child, and third-degree criminal sexual contact, and ultimately pled guilty to second-degree sexual assault. At … The trial court denied the motion on June 1, 2016. In a comprehensive written opinion, Judge Robert M. Hanna …
-
njcourts.gov
… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … the defendants’ post-indictment activities must await completion of the pending criminal prosecution. On May 14, … granted the attorneys’ motion for leave to appeal, but ultimately affirmed the trial court’s denial of the motion …