Filters
- A-4389-15T1 Opinionnjcourts.gov… Assistance Program (PAP), following a number of patient complaints. In October 2011, while represented by counsel, … to frontotemporal dementia processes." Dr. Serruya's recommendations included an updated magnetic resonance imaging … website, and the issuance of a declaration that she had complied with all psychological reporting obligations …
- A-2569-14T2 Opinionnjcourts.gov… of a June 6, 2014 order dismissing his fifth amended complaint with prejudice, and other orders. After reviewing … we affirm. I In 2010, plaintiff filed his original complaint in this wrongful termination action. Over the course of this litigation, plaintiff amended his complaint five times. The defendants and claims included in …
- A-3903-15T2 Opinionnjcourts.gov… relief (PCR). The Rules of Court do not authorize an order compelling discovery in this context, and defendant did not … for an exercise of the judge's inherent authority to compel discovery when justice requires. R. 3:13-2; R. … wrote the Essex County Prosecutor's Office and requested "a complete copy of any/all 3 A-3903-15T2 discovery related to" …
- A-1194-14T1 Opinionnjcourts.gov… Family Part on September 15, 2014, denying her motion to compel her ex-husband, defendant Christopher Monek, to … his child support obligation from that date. Both parties complain that the court denied their request for fees. We … attended only an eighteen-month program at DeVry before becoming employed as a police officer, they agreed to either …
- A-0746-15T4 Opinionnjcourts.gov… Demunguia admitted to his parole officer that he had become affiliated with the Pagans Motorcycle Club (Pagans) in …
- A-1215-14T4 Opinionnjcourts.gov… rider to his August 27 order. We add only limited comments regarding three of the issues raised by defendant. … II: THE COURT IMPROPERLY FOUND THAT TRIAL COURT DID NOT COMMIT AN ERROR IN NOT HAVING ORDERED THAT DEFENSE COUNSEL … THIS NEWLY DISCOVERED EVIDENCE WOULD HAVE ALTERED THE OUTCOME OF THE TRIAL. POINT IV: TRIAL COUNSEL WAS INEFFECTIVE …
- A-5659-14T1 Opinionnjcourts.gov… 181 N.J. 391, 419 (2004) (quoting Manalapan Realty v. Twp. Comm., 140 N.J. 366, 378 (1995)). To prevail on a claim 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-2703-16T1 Opinionnjcourts.gov… failed to cure the default, plaintiff1 filed a foreclosure complaint on August 27, 2009. On October 20, 2009, plaintiff received personal service of the summons and complaint at his dental office in New York City. After … to file an answer or otherwise respond to the foreclosure complaint, the Chancery Division entered default. Before the …
- A-3636-15T3 Opinionnjcourts.gov… four counts of fourth-degree violation of the conditions of community supervision for life. About six months later, in … prison term of 270 days. Seeking to terminate his community supervision for life, defendant filed a pro se PCR … for endangering. Defendant subsequently filed a motion to compel interrogation of the jury to substantiate his …
- A-3854-15T2 Opinionnjcourts.gov… Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. 2A:14-281 barred plaintiff from pursuing its complaint. 1 The statute provides in pertinent part: If, in … to plaintiff's claim because plaintiff was pursuing its "common-law right to recover unpaid funds for services [it] …
- A-1774-15T3 Opinionnjcourts.gov… Did Not Have Probable Cause To Believe That [Defendant] Committed A Narcotics Offense Before They Discovered Drugs … in return, and placed the money in his pocket. After completing the exchange, the man left the area. Detective … "in searching and arresting [defendant and Johnson] . . . comport[ed] 5 A-1774-15T3 with the mandate . . . of both the …
- A-4513-15T1 Opinionnjcourts.gov… that the denial of a reasonable adjournment request compelled reversal. On this point, defendant urges us to … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." State v. Pierre, 223 N.J. 560, 583 (2015) (quoting …
- A-0426-16T2 Opinionnjcourts.gov… because the period of parole ineligibility did not comply with the requirements of the No Early Release Act … only options were to plead to the indictment without any recommendation as to the sentencing . . . [or] go to trial." … offer [were] of no consequence since there is nothing to compare it with or for petitioner to consider." In short, …
- A-5475-15T4 Opinionnjcourts.gov… to the condominium unit they rented for a two-year term, commencing April 15, 2014, at a monthly rental of $2800. … OF THE ALLEGED "DEFECT" AND ESTOPPED THE PLAINTIFFS FROM COMPLAINING. 3 A-5475-15T4 POINT V THE COURT BELOW ERRED IN … are subject to de novo review. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). In Marini v. …
- A-4379-19 Opinionnjcourts.gov… the DWI charge, in exchange for the State's agreement to recommend dismissal of the four other charges. During his plea … at an Intoxicated Driver Resource Center; thirty days of community service; and $889 in requisite fines and … judge's legal conclusions. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). 6 A-4379-19 In …
- A-0338-20 Opinionnjcourts.gov… an imputation to him of annual earnings of $109,240 as a computer software developer, a figure derived from the … evidence of a history of the father earning that level of income on a sustained basis. We remand for further development … mother, plaintiff Erika Bulanov, in the same apartment complex as the father. Although they had parenting time with …
- A-2801-18 Opinionnjcourts.gov… a clear message . . . : 'children are different' when it comes to sentencing, and 'youth and its attendant … was not a juvenile but a twenty-four-year-old adult when he committed the murder, attempted murders, aggravated assaults … a juvenile, that is, under the age of eighteen, when he committed those crimes. See N.J.S.A. 2A:4A-22(a) (Code of …
- A-3746-18 Opinionnjcourts.gov… EXIST TO SUPPORT EXPANSION OF THE SEARCH OF THE PASSENGER COMPARTMENT OF THE CAR TO THE TRUNK, AND BECAUSE THE CAR WAS … told the men he could smell alcohol and raw marijuana coming from the vehicle. Troopers Golden and Ray then … from the pocket. Trooper Redrow still smelled raw marijuana coming from the BMW. Troopers Redrow and Ray searched the …
- A-1912-19 Opinionnjcourts.gov… had coincidentally been intercepting defendant’s cell phone communications pursuant to a warrant, related to an ongoing … him. On June 13, 2017, the PCR court issued an order and accompanying comprehensive written decision denying the petition without …
- A-3359-18T4 Opinionnjcourts.gov… mitigating factors including that appellant successfully completed community supervision opportunities and did not receive any … in the deliberations . . . of the case . . . failed to comply with the Board's Professional Code of Conduct." He …