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… TO THE JURY'S FUNCTION AND DEFENDANT'S FAILURE TO COMPLY WITH THE JUDGE'S WARNING SUGGESTED THAT HE HAD … from a supervisor with the New Jersey Motor Vehicle Commission. The supervisor explained that defendant's … because the evidence suggested defendant's failure to comply with the judge's warning not to drive implied he had …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3199-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN TOMAS-AGUILAR, Defendant-Appellant. ___________________________ Submitted September 19, 2017 – Decided Before Judges Hoffman and …
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… and C6-7 vertebrae. The doctor performed injections without complications. The discharge instructions informed plaintiff … few hours for twenty-minute intervals if she experienced discomfort in the area of the injections. Plaintiff went home and experienced discomfort in her right upper shoulder, which was not the …
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… be seeing "may or may not" be the perpetrators. D'Ambrosio completed a "Show-Up Identification Procedures Worksheet" … further opined that D'Ambrosio's documentation sufficiently complied with the Attorney General Guidelines as well as … We therefore agree with the trial court that the combination of D'Ambrosio's testimony and his written …
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… argument on the petition. In a written opinion that accompanied his order, the judge concluded "[t]he issues of … at 693). To satisfy prong one, [a defendant] ha[s] to "overcome a 'strong presumption' that counsel exercised … probability" that the deficient performance affected the outcome. Fritz, supra, 105 N.J. at 58. "'A reasonable …
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… you guys so if you could talk louder. He said you are all coming in very low. [DEFENSE COUNSEL]: Who is juror … have a due process right to an "impartial and mentally competent" tribunal. Jordan v. Massachusetts, 225 U.S. 167, … twelve's remarks to the court clerk pertained solely to the communication between the judge and counsel, which prompted …
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… arbitrator. They interviewed several candidates, and after completing those interviews, the parties selected Mr. … retain him. In February 2009, defendant filed a motion to compel arbitration, appoint a new arbitrator plus an … In April 2009, the judge (1) granted defendant's motion to compel arbitration; (2) appointed Barry Kaufman, Esq. as a …
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… place, the Board filed an order to show cause and verified complaint with Law Division to restrain arbitration. The … (H) of the CBA, which authorizes the formation of a joint committee comprised of the parties' representatives to establish …
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… Michael Bonsu appeals from the final decision of the Acting Commissioner of Education (Commissioner) upholding the decision of the State Board of … Board took its action based on the factual findings and recommendation by an Administrative Law Judge (ALJ) who …
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… Submitted April 5, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the Superior Court of … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). As directed by the Court, … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) the …
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… Insurance Fund (NJIIF), the Borough's insurer, filed a complaint against defendants alleging they breached the … clause. It appeals from the Law Division's dismissal of its complaint on summary judgment, arguing that the court erred … of the trial court when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… vacate the final judgment of foreclosure, and dismiss the complaint. We affirm. The facts and procedural history were … Chapter 7 bankruptcy. After the bankruptcy proceedings were completed, the parties engaged in mediation and settlement … to vacate the judgment of foreclosure and dismiss the complaint. Defendant's principal argument was that U.S. …
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… discussion. R. 2:11-3(e)(2). We add only the following comments. Rule 3:21-2(a) provides that "[b]efore the … charge of the institution to which the defendant has been committed." R. 3:21-2(c). Similarly, N.J.S.A. 2C:44-6a … things, "an analysis of the circumstances attending the commission of the offense[.]" Consistent with Rule …
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… that follow, we reverse. Plaintiff Scott C. Freeman filed a complaint against defendants in January 2015, asserting they … After retaining counsel, plaintiff filed an amended complaint in April 2015. The amended complaint alleged defendant St. Clair owed plaintiff $9305 …
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… guilty and was assigned a counsel substitute. The hearing commenced on February 24, 2016, but was adjourned. It … days of administrative segregation, thirty days loss of commutation time and ten hours of extra duty as the … decision on March 8, 2016, finding appellant guilty of committing prohibited act .256, but reducing the …
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… defendants' motion for summary judgment and dismissing the complaint based on statute of limitations grounds.1 We … court, which requires summary judgment be denied if "the competent evidential materials presented, when viewed in the … N.J. 36, 59 (2015); R. 4:46-2(c). The facts, drawn from the competent evidential materials, and seen in the light most …
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… saran wrap. 2 Lugo testified that tinted saran wrap is commonly used for the packaging of bulk heroin. 4 … of the evidence obtained from Davis's boot. In a comprehensive written decision, Judge Venable rejected the …
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… PER CURIAM This is a dispute between neighbors who share a common rear lot line. The house on plaintiff Bashar … counterclaim. Plaintiff appeals both the dismissal of his complaint and the judgment on defendant's counterclaim, … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… but for the errors of trial and appellate counsel, the outcome would have been different"). As we are confident …
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… Defendant and his trial counsel testified concerning their communications following the denial of defendant's … written opinion. R. 2:11-3(e)(2). We add only the following comments. Based on our review of the record, we are …