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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4915-18 STATE OF NEW JERSEY, … prejudice[] 5 A-4915-18 defendant's fundamental right to have a jury fairly evaluate the merits of [the] defense.'" … standard. The judge found no basis for trial counsel to have anticipated that the Supreme Court — six years after …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3324-19 YOEL GRUEN, Plaintiff-Appellant, … prejudice [d]efendant's request to declare a default and have the matter proceed by way of default trial. However, … is only the correction of errors which a court below may have committed, and a court below cannot be said to have …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3078-19 STATE OF NEW JERSEY, … his escalating, serial, antisocial acts, and that he would have rejected both claims had plea counsel argued them. The … comparable to theirs. Because none of those arguments would have aided defendant in the trial court, the judge found …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1729-21 VITO MAZZA, IV, … judgment of divorce by default, ordering: plaintiff to have sole custody of the children; termination of … undercut any meritorious defense argument defendant could have had. Again, we defer to the Family Part judges' …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3401-15T4 NEW JERSEY DIVISION OF CHILD … the proceedings. Apparently, assigned counsel also did not have contact with Ray. At the termination hearing, defendant … is a reasonable probability that the trial outcome would have been different but for counsel's deficient performance. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2906-21 JADE LANDSCAPING SERVICES, LLC, … an [a]nswer and litigate this matter on the merits and not have a genuine issue decided on a procedural defect such as … required notices as per [Rule] 6:3- 3(c). Defendants have not submitted a meritorious defense, or any defense at …
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… begins. The nature of the expedited jury trial requires revision to some of the model charges. For convenience, all … Charge 1.12K In this Expedited Jury Trial, the attorneys have produced evidence in the form of live testimony and … [ expert reports/statements/records/depositions ]. You will have to decide which evidence to believe and which evidence …
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… other offenses while they are awaiting trial or after they have been convicted. is such an institution (or such a … is not necessary that you resolve how or when defendant may have obtained S1 if you find beyond a reasonable doubt that … other offenses while they are awaiting trial or after they have been convicted. is such an institution (or such a …
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… that violate N.J.S.A. § 12:7-34.46. Under that statutory provision, a vessel operator who knows that he/she is involved … obligations of a vessel operator under New Jersey law as I have just explained to you. If you find that the State has … for the third-degree crime where the accident is alleged to have resulted in serious bodily injury to another person. � …
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… (victim's) injury, you must find that (victim) would not have been injured but for defendant's conduct. A person acts … a gross deviation from the way a reasonable person would have conducted himself/herself in the situation. … (victim's) injury, you must find that (victim) would not have been injured but for defendant's conduct.4 A person …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1536-17T3 IN THE MATTER OF THE ESTATE OF … If Todd failed to exercise his option, Brandon would have the opportunity to purchase the property. If neither … is a contract. If somebody breaks the agreement, you have a remedy of seeking damages or whatever, but it's not a …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4779-17T3 IN THE MATTER OF THE ESTATE OF … – a circumstance where the motion's opponent does not have a valued judgment already in hand. There being no … on a one-sided basis, 5 A-4779-17T3 the judge should have vacated the default and allowed the parties to proceed …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3545-16T4 ROBERT W. BUSCH, … this information, he is not responsible. [Defendant] shall have 14 days to supply to the court proof that [plaintiff] … for the debt. If she does supply it, [plaintiff] shall have seven days to advise the court if he contests the …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0382-16T3 STATE OF NEW JERSEY, … arguing that his motion to suppress evidence should have been granted. We affirm. The evidentiary hearing, at … by [the] opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1101-16T1 NEW JERSEY DIVISION OF CHILD … findings 'went so wide of the mark that a mistake must have been made.'" Ibid. (quoting C.B. Snyder Realty, Inc. v. … a risk of serious injury to that child." Id. at 181. Courts have recognized that a parent's inaction or unintentional …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2559-15T3 STATE OF NEW JERSEY, … WAS, SUBSEQUENTLY, COMPETENT TO PROCEED. THE COURT SHOULD HAVE PROVIDED DEFENDANT WITH THE OPPORTUNITY TO DECIDE … instead." He cites no authority for such a proposition. We have recognized that absent a showing of detrimental …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0968-16T3 NEW YORK PUBLIC RADIO d/b/a … to the government; (2) the effect disclosure may have upon persons who have given such information, and whether they did so in …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5240-15T2 LAMONT D. STEPHENS, … 415-16 (App. Div. 2010). A-5240-15T2 5 However, "[c]ourts have consistently rejected requests for modification based … v. Bonanno, 4 N.J. 268, 275 (1950)). Current earnings have never been viewed as "the sole criterion [upon which] …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4942-15T3 OAK KNOLL VILLAGE CONDOMINIUM … defendant claims the trial judge was biased and should have disqualified himself from hearing the matter. Under our … 3.17(B)(1) ("Judges shall disqualify themselves if they have a personal bias or prejudice toward a party or a …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0676-15T2 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different." Strickland, supra, 466 U.S. at 687, … 7 A-0676-15T2 to explain how the outcome of the case would have been any different had he testified. As the PCR judge …