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- A-2169-17T3 Opinionnjcourts.gov… biceps tenodesis. A seven millimeter by ten millimeter BioComposite screw was implanted. In July 2016, Dr. Sewards … procedures. It is clear that these injuries have become chronic and will continue to limit the use of both … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
- A-5007-16T4 Opinionnjcourts.gov… the floor of her apartment. She was taken to the hospital, complaining of knee and back pain. She was discharged from … medication and physical therapy. Because her knee and back complaints did not improve with physical therapy, plaintiff … novo, applying the same standard as the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
- A-3270-16T3 Opinionnjcourts.gov… force. The jury further determined that defendant Dabney committed an assault and battery against Jacques and used … the conviction would not be admissible. Following the completion of Cristobal's testimony, the trial judge … The judge advised that the substance of the charge was encompassed in other instructions given to the jurors. On …
- A-2824-15T4 Opinionnjcourts.gov… not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of … witnesses to the shooting and someone other than defendant committed the murder. Defendant also submitted Field's … Rule 1:4-4(c); accordingly, defendant failed to present competent evidence supporting his claim. See State v. …
- A-0928-16T3 Opinionnjcourts.gov… old, N.J.S.A. 2C:14-2(b). 3 A-0928-16T3 responses were compiled in a written transcript, with the English … specifically, defendant's videotaped interview and accompanying English translation of the interview, the judge … from double-counting the elements of the offense." State v. Fuentes, 217 N.J. 57, 76 (2014). In this case, the blood …
- A-5575-16T2 Opinionnjcourts.gov… and LEO H. WAGNER, Plaintiffs-Appellants, v. BOB MARTIN, COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL … with prejudice of their second consolidated amended complaint. Two orders – dated May 12, 2017 – denied … on the remaining counts in the second consolidated amended complaint.1 Judge Dennis R. O'Brien entered 1 Plaintiffs did …
- A-3660-16T2 Opinionnjcourts.govSUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3660-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DYLAN OGDEN, Defendant-Appellant. ______________________________ Argued August 14, 2018 – Decided Before Judges Sumners and Gilson. On …
- A-1536-16T2 Opinionnjcourts.gov… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2332. Adam S. Abramson-Schneider … (Township) appeals from a decision of the Civil Service Commission (Commission) dismissing several disciplinary charges against …
- A-2594-15T3 Opinionnjcourts.gov… facts would have had the probability of changing the outcome of the trial. Further, the judge pointed out that … pulling over along the highway, he drove to the apartment complex where he lived, at which time he finally stopped. … A VIOLATION OF [DEFENDANT]'S DUE PROCESS RIGHTS, WHICH WAS COMPOUNDED BY THE SUPERIOR COURT'S DENIAL OF A[] HEARING ON …
- A-2941-14T3 Opinionnjcourts.gov… made certain choices, and making those choices, he committed certain crimes. There was no objection by defense … v. Siciliano, 21 N.J. 249, 262 (1956)). Here, the improper comment was brief and consisted of two sentences in the …
- A-5408-14T2 Opinionnjcourts.gov… final judgment dismissing with prejudice her third-party complaint against BRAC. Judge Philip C. Carchman 1 Plaintiff … Roman filed an answer, counterclaim, and third-party complaint against BRAC for alleged violations of the New … payments for the damaged vehicle – and filed a fourth-party complaint against Israel Roman (Israel), Roman's brother. In …
- A-4573-17T1 Opinionnjcourts.gov… defendant testified that on March 5, 2014, he and two accomplices agreed to rob a grocery store on Mount Vernon … in Irvington. Defendant testified he knew one of the accomplices had a gun. Defendant and that accomplice robbed money and cell phones from the store, not …
- A-0346-17T4 Opinionnjcourts.gov… conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We therefore … explained that the condition of the deck deviated from common construction and maintenance practice. The Codes … that caused [plaintiff's] fall. . . . A safe, code compliant fence along the open portion of the deck should …
- A-0266-17T3 Opinionnjcourts.gov… with his younger brother, Jamil Gerena, for offenses they committed over a two-week period in August 2008 with a third … was indicted on charges of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … error might have "had some conceivable effect on the outcome of the trial," instead, he must prove that the error is …
- A-0390-16T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-0390-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.C. SVP-14-99. … from an August 9, 2016 order continuing his involuntary commitment to the Special Treatment Unit (STU) pursuant to … previously outlined E.C.'s criminal history in In re Civil Commitment of E.C., No. A-0810-09 (App. Div. Feb. 11, 2010) …
- A-3777-16T4 Opinionnjcourts.gov… establish that counsel had failed to provide effective and competent assistance, as required by the first prong of … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … late filing of a petition is equated with incorrect or incomplete advice, long-convicted defendants might routinely …
- A-0869-16T2 Opinionnjcourts.gov… to advise him of his right to testify when counsel did not comment, object, or ask for a recess when defendant advised … who testified at trial, contends the prosecutor improperly commented on his silence at the time of arrest. [Yebes, slip … raised by defense counsel in his summation and a fair commentary on the evidence adduced at trial." Id. at 15. …
- A-1798-15T2 Opinionnjcourts.gov… A-1798-15T2 2C:39-7(b). Defendant contends the trial judge committed reversible error by failing to instruct the jury … that defendant has poor character or a tendency to commit crimes, and therefore likely committed the present crime: In this case, the evidence has …
- A-0525-15T3 Opinionnjcourts.gov… v. AA CONSTRUCTION 1 CORPORATION d/b/a AA CONSTRUCTION COMPANY, Defendant-Appellant, and AMERICAN RETAIL … AA Construction 1 Corporation d/b/a AA Construction Company (AA) appeals from the March 6, 2015 order of the … declined to discharge the lien. Santander filed a verified complaint and order to show cause seeking discharge of AA's …
- A-4618-15T1 Opinionnjcourts.gov… all deemed unfounded. At the time the Division filed its complaint for custody in October 2015, defendant was the … son. After speaking with him at his school, the Division completed an emergency removal of all five children. Upon … testified Daniel had been to the dentist and the dentist recommended Daniel see a pediatric dentist. However, defendant …