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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2656-20 NEW JERSEY DIVISION OF CHILD PROTECTION AND … 3 A-2656-20 N.J.S.A. 30:4C-15.1(a). We affirm for the comprehensive reasons stated in the May 6, 2021 written … in Judge DeCastro's decision. We briefly summarize the facts. At birth, Adam tested positive for opioids and …
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… lend context to trial counsel's strategy, reiterating the facts set forth in our prior opinion: The State contended … strategy was to establish that [defendant] did not commit a robbery, but instead, that there was a fight … issued an adverse inference instruction pursuant to the factors set forth in State v. Hill, 199 N.J. 545, 561 …
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… could use to join the meeting if they did not want to use a computer. 5 A-1680-20 did not conduct any business during … 11, 2021 proceeding. We disagree. We generally defer to the factual findings of the trial court when there is … legal consequences that flow from established 8 A-1680-20 facts are not entitled to any special deference." Manalapan …
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… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant. ___________________________ Argued … a final agency decision, adopting and incorporating the factual findings of the hearing examiner. PERC affirmed the … [N.J.S.A. 34:13A-5.4](c) or (d)3 . . . and its findings of fact, if based upon substantial evidence on the record as a …
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… assets in their entirety, we incorporate by reference the factual findings and legal conclusions contained in the Family Part's decision. We add the following brief comments. During the bench trial on March 25, defendant, … akin to a partnership." Thieme v. Aucoin-Thieme, 227 N.J. 269, 284 (2016) (second alteration in original) (internal …
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… was partially obscured by a set-up menu when played on a computer screen. We requested the trial court conduct a … The detective's testimony invaded the jury's province as factfinder. Defendant unsuccessfully objected to the … was not biased. See State v. Hernandez, 170 N.J. 106, 126-28 (2001). Furthermore, the evidence of this prior bad …
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… term on count two. The court also ordered defendant to comply with the Megan's Law registration requirements, … a child's statement under N.J.R.E. 803(c)(27), "the judge's factual findings are entitled to deference" as long as they … determine, including the law of the case applicable to the facts that the jury may find." Id. at 159 (quoting State v. …
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… matrimonial case, defendant Robert T. Bock, Jr., moved to compel plaintiff Annamaria Bock to comply with the parties' … by the court and the [p]laintiff has provided no new facts or law that would compel the [c]ourt to change its … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282-83 (2016) (quoting Cesare v. Cesare, 154 N.J. 394, …
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… interest in the remaining value of the property was $226,329.61. In the petition, defendant exempted $23,675 of … 531, 552 (2019); see also Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995) (finding a … law and the legal consequences that flow from established facts are not entitled to any special deference"). We review …
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… Prius. 3 A-3714-20 On January 6, 2021, the State filed a complaint in the Law Division, Special Civil Part, seeking … including, among other drug-related activity, manufacturing, distributing, or dispensing of a controlled … that motion. 4 A-3714-20 Pursuant to a notice dated May 26, 2021, the court scheduled a "virtual settlement …
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… A. Counsel was Ineffective for Failing to Request an Accomplice Liability Charge. B. Counsel was Ineffective for … issued April 13, 2021. A brief summary of the relevant facts and proceedings will suffice here. In the early … the victim's home but did so only with the intent to commit a theft. He claimed he was accompanied by an Atlantic …
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… General, of counsel; Debra A. Allen, on the brief). January 26, 2018 APPROVED FOR PUBLICATION January 26, 2018 APPELLATE … advising that "[o]nce the minutes are approved they become government records and must be disclosed. However, … approved minutes. Id. at 524. We noted the Legislature's "fact-sensitive standard" in its use of the wording "promptly …
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… Division judge again found the search valid. The pertinent facts are as follows. Howell Township Police Officer David … to defendant, Gilliland smelled the odor of marijuana coming from inside the vehicle. Gilliland informed defendant … ___ (2017) (slip op. at 16) (quoting State v. Scriven, 226 N.J. 20, 40 (2016)). We do so "because those findings …
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… jury selection was to begin in exchange for a sentencing recommendation of a five-year Drug Court probationary term; … terms of the plea agreement. Defendant provided a detailed factual basis for his plea. He acknowledged being in … v. Immigration and Naturalization Service, 779 F.2d 1260, 1265 (7th Cir.1985)). We find that to be the case here. …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-12887. David P. … reasonable, and (3) although the amount of the award is a factor to be considered in fixing the fee, it has limited significance. The more important factors are the nature and extent of the services and the …
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… Jersey appeals from an April 17, 2020 order dismissing its complaint seeking declaratory judgment against defendant … than $100,000[]. 2 N.J.S.A. 59:1-1 to 12-3. A-3665-19 3 The facts are undisputed. In May 2016, an Ocean County … and the provision of defense costs are 'wedded together.'" Id. at 236 n.8. [Id. at 444-45.] The Court held …
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… from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … to a trial court's legal determinations when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire … 354, 379 (App. Div. A-0912-20 5 2012) (quoting Kocian v. Getty Refin. & Mktg. Co., 707 F.2d 748, 753 (3d Cir. 1983)). …
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… tests under N.J.S.A. 30:4C-15.1(a). We affirm for the comprehensive and 2 On March 4, 20212, Tina completed an … A. Krondrup Coyle. We incorporate the judge's detailed factual findings and legal conclusions based on the … from consideration as Junior's resource parent. On February 26, 2019, the judge denied the Division's plan to terminate …
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… and affirm. On February 8, 2018, Daniel Cohen and his company, Cohen Capital management (defendants) retained … one-tenth of an hour. Finding no disputed issue of material fact, the court ruled the billable increments of one-tenth … Jersey Supreme Court, we interpret the rules as written, together with commentary provided by the Supreme Court …
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… appeals from the January 4, 2021 order dismissing the complaint with prejudice for failure to comply with the … sugar level once she had become unresponsive, despite the fact . . . that [Lowe] was a known Type 1 diabetic." Lowe … are licensed persons 9 A-2281-20 within N.J.S.A. 2A:53A-26. Consequently, to proceed on any claims of professional …