-
njcourts.gov
… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … who were outside enjoying the summer evening. Defendant committed the crime when he was seventeen and a half years … the prohibition against cruel and unusual punishment, embodied in the Eighth Amendment to the United States …
-
njcourts.gov
… incarcerated for eighteen months, and the State agreed to recommend a custodial sentence of time served. Defendant … sentenced defendant to time served, ordered defendant to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23, and 3 … 2C:14-3(b), a person is guilty of this offense "if he commits an act of sexual contact with the victim" under any …
-
njcourts.gov
… dismissal of plaintiff Tina Waldeier's personal injury complaint, in which she alleged defendant Piper I Townhouse … adjoin their residences, the court dismissed plaintiff's complaint. Having reviewed the motion record de novo, we … we affirm the order of summary judgment. Plaintiff commenced this action by filing a complaint against the …
-
njcourts.gov
… Realty Trust (Brandywine), dismissing plaintiffs' complaint with prejudice. Defendants owned and operated the … and property where Cynthia1 was employed. Plaintiffs' complaint sought damages for injuries Cynthia sustained when … 9 A-4791-15T4 behalf should have observed and remedied the condition. Plaintiffs provided weather reports …
-
njcourts.gov
… entered after the Law Division accepted his guilty plea to committing violations of probation (VOP). Defendant … plea agreement to one offense in exchange for the State's recommended five-year sentence to Drug Court special … When defendant was indicted in 2013, the State again recommended that he continue his probation in Drug Court …
-
njcourts.gov
… to defendant, after his treatment was 3 A-3884-19T4 completed in 2016, he continued to suffer from shortness of … denying defendant's motion and set forth his reasons in a comprehensive oral decision that was placed on the record on … the judge considered the seriousness of the weapons offense committed by defendant, the fact that it was his second time …
-
njcourts.gov
… him to keep his hand away from his pocket. Despite this command, defendant kept placing his hand over his right … suspicion may arise even where a minor traffic offense is committed. Locurto, 157 N.J. at 466-67 (finding the stop was … was sufficient to legitimize a traffic stop. See State v. Bacome, 228 N.J. 94, 103 (2017). Defendant's principal …
-
njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-1871-18T3 IN THE MATTER OF COMMUNICATION OPERATOR, SECURED FACILITIES, DEPARTMENT OF … and Rose. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-202. William D. Sayers, attorney … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on …
-
njcourts.gov
… pendens filed by Wells Fargo; and dismiss the foreclosure complaint. We affirm. We derive the following facts from the … in default on the mortgage. Wells Fargo filed a foreclosure complaint on June 17, 2014 and recorded a notice of lis … judge noted, however, that the parties "will have their remedies against the title company in due course, as they choose …
-
njcourts.gov
… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … the State to enter graphic photographs of the victim, committed reversible error by instructing the jury that … trial counsel's deficient performance affected the outcome of his trial was "at least as plausible" as the …
-
njcourts.gov
… condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … condition has been impaired or is in imminent danger of becoming impaired[.]" Ibid. When there is an absence of actual … omitted). The Division must prove by a preponderance of the competent, material, and relevant evidence that a child is …
-
njcourts.gov
… to make evidence-based arguments related to mitigation, competency, and capacity. Judge Gwendolyn Blue found … pled guilty, entered the order under review, and rendered a comprehensive oral opinion. On appeal, defendant argues: … TO RAISE EVIDENCE-BASED ARGUMENTS REGARDING 3 A-3662-18T1 COMPETENCY CONSTITUTED INEFFECTIVE ASSISTANCE OF [PLEA] …
-
njcourts.gov
… order on January 11, 2016 that imputed $200,000 in annual income to defendant and set his child support obligation at … to modify child support because he failed to submit a fully completed Case Information Statement (CIS) as required by … in her thorough written decision, defendant failed to comply with Rule 5:5-4(a) because his CIS was woefully …
-
njcourts.gov
… Thus, we consider, as the motion judge did, "whether 'the competent evidential materials presented, when viewed in the … my face biting my lip. Plaintiff filed suit, and following completion of discovery, defendant moved for summary … Plaintiff appeals, arguing her assumption of risk and comparative negligence in caring for defendant's dogs does …
-
njcourts.gov
… relationship had ended. On April 2, 2019, M.T.D. filed a complaint seeking an FRO. With respect to the events alleged in the complaint M.T.D. testified as follows: on March 29, 2019, he … car. M.S. denied two additional allegations in M.T.D.'s complaint: having followed him on a prior date from Cherry …
-
njcourts.gov
… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Special Deputy Attorney General/Acting Assistant … probability" that the deficient performance affected the outcome. 4 A-1167-18T3 Fritz, 105 N.J. at 58. Under those … prejudice to the State's case as memories fade, witnesses become unavailable, and evidence is lost. Ibid. Second, it …
-
njcourts.gov
… should be upheld if they are supported by sufficient competent evidence in the record, State v. Minitee, 210 N.J. … automatic standing rule[.] First, a person should not be compelled to incriminate himself by having to admit …
-
njcourts.gov
… ordered him to surrender the package, 3 A-0560-19T4 and he complied. When asked if he knew why police stopped him, … for profit. He stated the cash was from his disability income and savings, not the sale of steroids. In May 2019, the … in the initial PTI application related to his physical maladies and addiction to steroids, and argued his purpose was …
-
njcourts.gov
… Delatorre followed defendant, who met with a female accompanied by children. Sergeant Delatorre tapped 1 Miranda … want to make a scene in front of your children." Defendant complied, and they walked to a public parking lot about ten … Delatorre told defendant he believed defendant had just completed a drug transaction. He then asked defendant if he …
-
njcourts.gov
… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … 240, 254 (2007) (quoting Cesare, 154 N.J. at 412). Absent compelling circumstances, we may not substitute our judgment for that of the trial court, which has become familiar with the case. Schwartz v. Schwartz, 68 N.J. …