njcourts.gov
… Court of New Jersey, Law Division, Monmouth County, Complaint No. W-2017-170-1303. Ian D. Brater, Assistant … for reconsideration. We affirm the part of the orders that compelled discovery, but reverse the denial of the … possession of a firearm while in the course of committing a narcotics offense, N.J.S.A. 2C:39-4.1(a); …
njcourts.gov
… Defendant received 207 days of jail credit, and the judge recommended defendant be considered for entry into the … means of distributing it for ingestion. Trooper Stafford recommended a further search of the Honda. During the ensuing … law enforcement officers to return to look for the missing components to this compound product. If they found a box of …
njcourts.gov
… v. E&B MILL SUPPLY CO.; GENERAL ELECTRIC CO.; HOMASOTE COMPANY; LAIRD PLASTICS, INC., individually and as … Inc.; CBS CORPORATION, a Delaware corporation, f/k/a VIACOM, INC., successor by merger to CBS Corporation, a … Argued September 13, 2017 – Decided Before Judges Fuentes, Koblitz, and Suter. On appeal from Superior Court …
njcourts.gov
… whether to hold an evidentiary hearing on a PCR petition is committed to the sound discretion of the PCR judge. State v. … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). Indeed, … show that the errors had some conceivable effect on the outcome of the proceeding. Virtually every act or omission of …
njcourts.gov
… Instead, on his own motion, the judge determined that he committed prejudicial error during the trial by not … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 … or contradictory; 2) that the evidence was discovered after completion of the trial and was 'not discoverable by …
default
… Robert Nobilini, Ph.D., as a net opinion, and the judge committed additional error by permitting Nobilini to testify about the need to exercise "common sense" in using the pig roaster. Plaintiff also … disposal system," 5 A-4407-15T1 constructed of metallic components with a metallic lid. He opined that this was a …
default
… DIVISION DOCKET NO. A-5233-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF R.E.B., SVP-367-04. … the June 7, 2017 order of the Law Division continuing his commitment to the Special Treatment Unit (STU), the secure … are recounted at length in our prior opinions, In re Civil Commitment of R.Z.B.,1 392 N.J. Super. 22 (App. Div. 2007), …
default
… State was granted leave to appeal an interlocutory order compelling it to produce in discovery an unredacted version … O.R. went to a nearby hospital where a rape kit was completed. Police were notified, and a complaint was filed against defendant. 3 A-0790-17T4 As is …
njcourts.gov
… a few hours in a bar drinking beer and doing shots with a companion. Driving him home along a two lane county road, … her car left the roadway and then fishtailed into an oncoming car driven by a woman conveying her elderly parents … they will rarely apply in the same sentencing. See State v. Fuentes, 217 N.J. 57, 79-80 (2014). Similarly here, we do …
default
… "UIFSA is a model act adopted by the National Conference of Commissioners on Uniform State Laws[,]" and then later by … and (d). In addition, the other state's law concerning "the computation and payment of arrearages" also continues to … out-of-state support order, the Family Part's order will become the controlling order, and New Jersey will then assume …
default
… controlled dangerous substance (CDS) offenses allegedly committed on August 22, 2018—including strict liability for … death—from counts charging CDS offenses allegedly committed the day after the victim's overdose death. The … cocaine, fentanyl, and ethanol toxicity, caused by the combination of cocaine, fentanyl, and alcohol found in the …
default
… from behind by Lavin, another skier. Plaintiff filed a complaint alleging Mountain Creek and Lavin were negligent. Plaintiff's complaint alleged Mountain Creek was independently negligent … procedures to provide a safe skiing environment. The complaint alleged Lavin was negligent for breaching his duty …
njcourts.gov
… FAILED TO REFLECT THE DEFENSE THEORY THAT [DEFENDANT] ONLY COMMITTED A THIRD-DEGREE THEFT, AND INCORRECTLY SUGGESTED THAT [DEFENDANT] COMMITTED A CRIME WHEN HE FAILED TO INFORM DOCTORS THAT HE … POSSIBLE PROSECUTION IN DETERMINING WHETHER [DEFENDANT] HAD COMMITTED A SECOND-DEGREE THEFT. (NOT RAISED BELOW) …
njcourts.gov
… Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … reserved decision. On June 1, 2018, the PCR court issued a comprehensive, twenty-five page written opinion denying … or omissions fell "outside the wide range of professionally competent assistance." Id. at 690. This requires a showing …
njcourts.gov
… received and started testing the sample on September 7 and completed its testing and report on October 10, 2012. At … first prong of the Strickland test, a defendant must overcome a "strong presumption that counsel's conduct falls … sufficient to undermine confidence in the 11 A-0003-19 outcome." Id. at 694. To meet this burden, the "defendant must …
default
… so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … ALLEGED TO HAVE HINDERED APPREHENSION. A. THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY CHARGING THE JURY ON THE WRONG … defines the defense-of-others legal justification to encompass situations where the actor "reasonably believes" his …
njcourts.gov
… fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). The recommendation of the PTI director and the assistant … defendant was running away. Defendant did not initially comply with the order to stop but then "suddenly stopped" … weapon and ordered defendant to the ground. Defendant complied and was arrested. A pat down revealed no weapons. …
njcourts.gov
… 86 N.J. 281, 287 (1981). "The trial court must give 'a comprehensible explanation of the questions that the jury … possession of the implement as a weapon, a person has not committed a section 5d offense. [118 N.J. at 381.] "Thus … may be probative to determining unlawful intent to commit a crime, it is only relevant in the context of …
njcourts.gov
… THE TERM WITHIN THE EXTENDED TERM RANGE. Because of errors committed in excusing a deliberating juror, we are … [THE COURT]: Did anyone in the jury room in any way try to compel or force you to withdraw as a deliberating juror? … that happened. And he just told me if I felt like I'm not comfortable, then I should speak to you about the …
njcourts.gov
… Argued January 8, 2020 - Decided Before Judges Fuentes, Haas and Enright. On appeal from the Tax Court of … feet. 3 A-2936-18T3 The shopping center has a number of commercial tenants, including Stop and Shop, PNC Bank, … The second permit was issued on February 19, 2014, and completed on May 1, 2014. The permit described the …