Filters
- A-1092-16T4 Opinionnjcourts.gov… turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … suspension resulting from the violation, the defendant commits a violation of N.J.S.A. 2C:40- 26(b). There is … of the act.'" Ibid. (first quoting Craster v. Bd. of Comm'rs of Newark, 9 N.J. 225, 230 (1952); then quoting In …
- A-1754-15T3 Opinionnjcourts.gov… 2C:11-3(a)(3), robbery, N.J.S.A. 2C:15-1, conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and possession … IN A FACT PATTERN WHERE THE SUBSTANTIVE OFFENSE WAS NEVER COMPLETED (Not raised below). POINT III THE DEFENDANT'S … petition. In his detailed written statement of reasons accompanying his order, Judge Tassini concluded that defendant …
- A-0790-15T1 Opinionnjcourts.gov… of evidence. We offer no opinion as to the appropriate outcome of the hearing. [Id. at 580]. On remand, Judge Joseph …
- BER-L-8280-19 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS LOUIS VELEZ and MIRNA VELEZ, Plaintiffs, v. ANGEL CONSULTING, LLC, AR MANAGEMENT COMPANY, JOSEPH J. BALZAMO, DEBBIE SABILLON, THE HIGHLAND … CORREA AND DANIEL WARNER, Defendants, AND AR MANAGEMENT COMPANY, Third Party Plaintiffs, v. MACKOUL RISK SOLUTIONS, …
- BER-L-8246-19 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS NAVIGATORS SPECIALTY INSURANCE COMPANY as subrogee of AJD CONSTRUCTION CO., INC., … parties), AIG PROPERTY CASUALTY, INC., THE TRAVELERS COMPANY, INC. and ABC CORPORATIONS 1-25 (being fictitious …
- Higgins - Appellant Brief Documentnjcourts.gov… 08033 Attorney No.: 037671995 Rfk@klineburgerandnussey.com Richard F. Klineburger, III, on the brief FILED, Clerk … COURT ABUSED ITS DISCRETION WHEN IT DEPARTED FROM THE PSA RECOMMENDATION WHEN GRANTING THE STATE’S MOTION TO DETAIN … for Pre-Trial Detention of Defendant Sean Higgins under Complaint Number: W-2024-000109- 1715. Defendant is charged …
- A-3595-22 – STATE OF NEW JERSEY VS. JOSEPH D. KEARNEY (16-10-1645, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… addition, the jury found defendant guilty of conspiracy to commit aggravated assault, and hindering the prosecution by … Judge Colleen M. Flynn's written opinion. We add only a few comments. In evaluating defendant's claims of ineffective … PCR court soundly concluded that defendant failed to overcome this presumption of effective assistance. We briefly …
- njcourts.gov… 7, 2022 Law Division order dismissing with prejudice its complaint against defendant David Berlin under Rule … A-1804-21 On April 21, 2021, plaintiff filed a Law Division complaint seeking payment of $379,411.65. According to the complaint, plaintiff detrimentally relied on defendant's …
- njcourts.gov… September 11, 2023 summary judgment order dismissing her complaint against defendants under the Tort Claims Act … to me by email." On May 23, 2022, plaintiff filed a pro se complaint in the Law Division against defendants Allen and … or revoked. [(Emphasis added).] The 1972 Task Force Comment regarding N.J.S.A. 59:2-5 instructs this immunity …
- njcourts.gov… which the vehicles weaved among lanes and crossed into oncoming traffic. The BMW crashed and Pierrevil was arrested … Defendant was convicted of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2; second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. …
- njcourts.gov… BELL, DECEASED, Plaintiff, v. TWO BROTHERS AND DAD TRUCKING COMPANY, LLP, GREGORY MORGAN and REFES BELL, … plaintiffs Two Brothers and Dad Trucking Company, LLP, Gregory Morgan, and Refes Bell (Two Brothers). … and provided storage services under bailment to independent commercial trucking companies who used Lincoln's property to …
- njcourts.gov… sufficient basis to believe at the scene that defendant had committed DWI. The judge noted: I believe the Trooper took … in the Intoxicated Driver Resource Center, thirty days of community service, a two- year use of an interlock device, …
- njcourts.gov… at thirty-two pounds, while Will's letter indicated a combined weight of thirty-eight pounds. Will further noted … a severely damaged condition. He explained his 3 A-1987-23 company's typical packing procedures, emphasizing the … properly." On November 17, 2022, the NJSP Property Claims Committee (Committee) found no evidence of "negligence [or] …
- njcourts.gov… AND A FAIR TRIAL BY THE LEAD DETECTIVE'S OPINING THAT COMPLAINANT WAS MORE CREDIBLE THAN DEFENDANT, PARTICULARLY WHERE THAT ERROR WAS COMPOUNDED BY THE PROSECUTOR'S SUMMATON UNDERSCORING THAT … factors. State v. Case, 220 N.J. 49, 65 (2014); State v. Fuentes, 217 N.J. 57, 73 (2014). The judge's application of …
- njcourts.gov… is limited. Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of … standard." Zimmerman v. Sussex Cnty. Educ. Servs. Comm'n, 237 N.J. 465, 475 (2019). "An agency's determination … event if that consequence is extraordinary or unusual in common experience." 192 N.J. at 201 (quoting Russo v. …
- njcourts.gov… on behalf of Defendant Swyfft, LLC, i/p/a “Swyfft Insurance Company” (“Swyfft”), and the court having considered the … on October 16, 2024, and for the reasons set forth in the accompanying Memorandum of Decision; IT IS on this 8th Day of … pursuant to R. 4:47-1, Swyfft shall deposit all retained commissions with the Court within 30 days of the date of …
- A-2838-22 – STATE OF NEW JERSEY VS. KEVIN POTTER (11-01-0026, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… a condition of defendant's probationary sentence, which was completed in 2016, we reverse and remand for issuance of an … municipalities. Defendant also was charged in a two-count complaint-warrant with contempt for violating a court order, … 3 A-2838-22 psychiatric evaluation and treatment as recommended. . . . " The court dismissed the offenses charged …
- A-1228-22 – STATE OF NEW JERSEY VS. JONATHAN CARAMBOT (2022-001, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO … Moreover, the State did not seek to obtain a warrant to compel defendant to provide a urine or blood sample. So, … his blood system, the police could have sought a warrant to compel a urine sample or a blood sample. The police could …
- njcourts.gov… As part of the plea agreement, the State agreed to recommend a sentence of ten- to twelve-years' incarceration … he would be required to serve a special sentence of community supervision for life (CSL) under Megan's Law. On … alleging counsel failed to: investigate all witnesses; communicate with him; file a motion challenging the …
- A-1006-21 – M.E. VS. HORIZON NJ HEALTH, ET AL. (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES) Opinionnjcourts.gov… and an aide, through Global Options, which also provided a commode, a wheelchair, a bed, and fifty-hours of service a … authorized by Horizon's assessments were insufficient to complete the necessary tasks that M.E. requires. 4 A-1006-21 … her June 1, 2017 assessment, she never observed M.E. completing the necessary tasks, but based on the answers to …