Filters
- A-4292-19 Opinionnjcourts.gov… 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 …
- A-4529-19 Opinionnjcourts.gov… ________________________ Submitted January 26, 2022 – Decided February 10, 2022 Before Judges Hoffman … the State agreeing to dismiss all remaining charges and recommend that defendant be sentenced as a second-degree … 2C:43-7.2. In her plea colloquy, defendant provided a factual basis and the court accepted defendant's guilty …
- A-0738-20 Opinionnjcourts.gov… 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 …
- A-3675-19 Opinionnjcourts.gov… 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. …
- A-2402-20 Opinionnjcourts.gov… 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 …
- A-2450-19 Opinionnjcourts.gov… On March 7, 2008, Maradonna's wife was laid off. Maradonna communicated with Rutgers officials about taking another … the advice of Rutgers, [. . . there were] other equitable factors weighing in favor of Maradonna includ[ing] the … abuses." Mastro v. Bd. of Trs., Pub. Emps. Ret. Sys., 266 N.J. Super. 445, 456 (App. Div. 1993). 12 A-2450-19 For …
- A-5708-18 Opinionnjcourts.gov… Following the hearing, Judge Flynn summarized the relevant facts in a sixteen-page written opinion as follows: … a plastic bag containing suspected marijuana in the glove compartment. The search of Holiday recovered a clear plastic … A-5708-18 (1968); United States v. Hensley, 469 U.S. 221, 226 (1985) (finding police officers may stop a motor vehicle …
- A-5038-18T2 Opinionnjcourts.gov… Indictment No. 08-10-0407 to third-degree conspiracy to commit burglary and a petty disorderly persons offense, and … "[A] court may relax the time bar if the defendant alleges facts demonstrating that the delay was due to the … The PCR court, however, failed to provide the factual or legal bases for that determination contrary to …
- A-0523-19T1 Opinionnjcourts.gov… their May 25, 2017 Final Judgment of Divorce. The MSA is a comprehensive document. We mention only the sections that … section 5.1 instead of 5.5. 9 A-0523-19T1 We defer to the factual findings of the Family Part judge when there is … deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (citing Manalapan Realty, L.P. v. Twp. Comm. of …
- A-3212-19 Opinionnjcourts.gov… PER CURIAM Plaintiff Michele Gonzalez filed a verified complaint in lieu of prerogative writ objecting to defendant … to grant or deny a variance must be based on findings of fact in the record) (citations omitted). Comi thoroughly … fully detailed the initial application, the testimony and factual history of the proceedings, the modifications to the …
- A-1271-19 Opinionnjcourts.gov… the production of the employer's records regarding Kraft's compensation, benefits, the PI Plan, and her termination. … Tribunal found that Kraft had been consistently rated satisfactory by other managers and had received related sales … 474, 482 (2007)). We normally "defer to the Board when its factual findings are based on 'sufficient credible evidence' …
- A-2547-19 Opinionnjcourts.gov… disk to the law library and was charged initially with committing prohibited act *.009. He appeals a final decision … New Jersey Department of Corrections (NJDOC), finding he committed prohibited act .152. Because the record lacks … he stated the hearing officer had not misinterpreted the facts, NJDOC was "in compliance with procedural safeguards," …
- A-3221-19 Opinionnjcourts.gov… cause attributable to the work. We affirm. We summarize the facts from the January 30, 2020 hearing before the Appeal … exercise program. Barney intended "to continue with the company . . . in the spring" but "there was [no] agreed upon … In re Warren, 117 N.J. 295, 296 (1989). "If the Board's factual findings are supported 'by sufficient credible …
- A-1585-19 Opinionnjcourts.gov… because her interactions with him caused her to feel uncomfortable. However, she went back to her previous shift in … or partial forfeiture of her pension," using the statutory factors in N.J.S.A. 43:1-3 as well as applicable case law, … recovers," citing Cardinale v. Bd. of Trs., 458 N.J. Super. 260, 263 (App. Div. 2019) and In re Adoption of N.J.A.C. …
- A-1799-19/A-2495-19 Opinionnjcourts.gov… and as an agent or employee of First Service Residential Company, Defendant-Appellant. __________________________ … use of the word "derail"; and the court relied on the wrong factors in denying fees under Rule 1:4-8 and N.J.S.A. … vote was unlawful; the court failed to consider factors that allegedly indicated Stekelman's bad faith …
- A-2387-19 Opinionnjcourts.gov… filed a cross-motion for summary judgment dismissing the complaint, arguing that the 25% interest rate was 3 … motion judge denied summary judgment on damages, finding factual disputes in the record regarding what Jadallah paid. … well-established scope of review: "we do not disturb the factual findings and legal conclusions of the trial judge …
- A-2755-19 Opinionnjcourts.gov… _____________________________ Argued April 26, 2021 – Decided June 30, 2021 Before Judges Gooden Brown … January 27, 2020 order of the Law Division dismissing his complaint in lieu of prerogative writ challenging the June … the local zoning ordinance. We affirm. I. The following facts are derived from the record. Defendant Fair Haven …
- A-5171-18/A-0911-19 Opinionnjcourts.gov… costs on defaulted student loans than it sought in its complaints. We vacate the provisions of the orders under … collection costs sought in its complaints. I. The following facts are derived from the record. Defendants Teon D. … judgment. The trial court set a proof hearing. On September 26, 2019, the trial court entered an order awarding Rutgers …
- 2C:39-4(a) Charges Document PDFnjcourts.gov… revolver or other firearm originally designed or manufactured to be fired by the use of a single hand. N.J.S.A. … propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or … Randolph, 228 N.J. 566, 590-93 (2017). 4 State v. Jackson, 326 N.J. Super. 276, 280 (App. Div. 1999); See State v. …
- A-1447-19T1 Opinionnjcourts.gov… Detainers (IAD), N.J.S.A. 2A:159A-1 to -15. We affirm. I. Factual Background. Defendant was charged in a June 17, 2016 … that if defendant was determined to be a repetitive and compulsive sex offender after an evaluation at the Adult … reliance on Miller, arguing that the court overlooked a key fact that the defendant in Miller waived his statutory …