njcourts.gov
… Before the trial started/During the trial, ] plaintiff and [ named defendant(s) ] resolved their differences. As a … Jersey Supreme Court held that jurors have to be told the facts of a settlement in order to avoid juror speculation … 548, 569 (1980); Kiss v. Jacobs, 138 N.J. 278, 283 (1994) (fact finder must assess the negligence of the settling …
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… EFFECT OF INTOXICATION OF JURY'S … CONSIDERATION OF LESSER OFFENSES … INVOLVING RECKLESSNESS … ( … N.J.S.A … . 2C:2-8b) … 578 (1986). … Placement of this charge will depend on the facts of the case. For example, in a murder case, if aggravated manslaughter and manslaughter are appropriate lesser included offenses …
njcourts.gov
… abnormality, extreme and unusual intoxication results. Commentary, Tent. Draft MPC No. 4 p. 69. Clear and … evidence, the burden of proving the defendant guilty of the offense charged here, beyond a reasonable doubt, is always … met its burden and has proven, beyond a reasonable doubt, every element of the offense charged and that the defendant …
njcourts.gov
… under the circumstances existing at the time of the alleged offense. Thus, a reasonable belief is one which the ordinary … acted in a reckless or criminally negligent manner. The fact that defendant's belief may have been erroneous does … of the person of another in order that he/she may be forthcoming to answer for an alleged or supposed crime. In order …
njcourts.gov
… may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight, … in leaving was to evade accusation or arrest for the offense charged in the indictment. … OR … (THE FOLLOWING … 65 N.J. 565 (1974); State v. Petrolia, 45 N.J. Super. 230 (App. Div. 1957); State v. Centalonza, 18 N.J. Super. …
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njcourts.gov
… Charny in her oral decision. We add the following brief comments. 3 A-1039-18T3 The scope of our review of the … owe substantial deference to the Family Part's findings of fact because of that court's special expertise in family … competent, relevant and reasonably credible evidence as to offend the interests of justice' or when we determine the …
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njcourts.gov
… – Decided October 6, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior Court of New Jersey, … (Michael J. Collis, on the briefs). Tonacchio, Spina & Compitello, attorneys for respondent (Joseph Compitello, on … Super. 424, 433 (App. Div. 2015) (quoting Reese v. Weis, 430 N.J. Super. 552, 568 (App. Div. 2013)). The trial judge …
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njcourts.gov
… Indictment No. 17-11-1843 with eight counts of various drug offenses. While these charges were pending, she was arrested … defendant in Atlantic and Burlington Counties as negative factors weighing against her admission to PTI in the Ocean … under Rule 3:28, admission into PTI requires a positive recommendation from the program director and also the consent …
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njcourts.gov
… Mayweather appeals from a summary judgment dismissing his complaint against defendants John Odorisio and Manheim New … for the disparate treatment was racism. Following discovery, defendants moved for summary judgment, contending … under the LAD), rev'd and remanded on other grounds, 530 U.S. 640 (2000). Moreover, plaintiff could point to …
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njcourts.gov
… – Decided October 6, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior Court of New Jersey, … (Michael J. Collis, on the briefs). Tonacchio, Spina & Compitello, attorneys for respondent (Joseph Compitello, on … Super. 424, 433 (App. Div. 2015) (quoting Reese v. Weis, 430 N.J. Super. 552, 568 (App. Div. 2013)). The trial judge …
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njcourts.gov
… v. DAVID KEITH OAKS, ESQ., DAVID KEITH OAKS, P.A., and DAVID K. OAKS PERSONAL TRUST, Defendants-Respondents. … the reasons for its decision predicated on findings of fact and conclusions of law pursuant to Rule 1:7-4. I. We … record. On October 21, 2022, plaintiff filed a Law Division complaint alleging defendant violated N.J.S.A. 2C:41-1 to …
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njcourts.gov
… CATHERINE MCLAUGHLIN, TARA MCLAUGHLIN, BEAUTY MCLAUGHLIN, and SHERATA W. MCLAUGLIN, Defendant-Appellant. … without an evidentiary hearing. We affirm. The underlying facts concerning the offenses involved in this matter are set forth in our prior …
njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROBERT GOFFNEY, Defendant-Appellant. … count of first-degree robbery in exchange for the State recommending a thirteen-year custodial term subject to the No … ran into the residence holding a gun. Defendant ordered everyone to get on the floor. The victim refused, a struggle …
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… on Motion NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Eileen Connell v. William R. Edleston … the election is not considered to have been made until discovery is complete or the time of a pretrial conference … complete discovery. Only after gaining access to all of the facts, will a plaintiff be in a position to make a knowing …
njcourts.gov
… that order, 1 We note defendant's appeal brief fails to comply with the Court Rules. Although we might have … certification that defendant had been served by hand delivery. In addition to the attorney's certification, an … A DISPUTE WHERE THERE WAS A GENUINE ISSUE OF MATERIAL FACT OVER SERVICE OF THE UNDERLYING MOTION. POINT IV THE …
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… instead be titled to all four siblings as tenants in common. As part of the consent order, plaintiff represented … v. Pierre, 221 N.J. 36, 54 (2015). The Heinze report offered no opinion on damages but listed instances wherein … was an untruthful witness. Following a lengthy term of discovery marked by numerous delays, on March 15, 2017, defendant …
njcourts.gov
… despite his attempt to conceal his identity from the patrol officer – that defendant's driving privileges had been … Defendant applied to PTI and the PTI program director recommended he be admitted.2 The Prosecutor's Office, in a July 25, 2016 letter, reviewed the seventeen statutory factors for PTI 1 N.J.S.A. 39:4-50. 2 The State contends the …
njcourts.gov
… after the in camera review. On November 13, 2017, the judge completed the in camera review and issued a list of records … law." Capital Health Sys. v. Horizon Healthcare Servs., 230 N.J. 73, 79-80 (2017). The State contends that the judge … of the statute, juvenile records "shall be strictly safeguarded from public inspection." N.J.S.A. 2A:4A-60(a). …
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… (App. Div. Apr. 20, 2015) (slip op. at 2). We reviewed the facts adduced at trial in our decision on direct appeal. … LAW 3 A-4211-17T3 REGARDING WHEN AN ADVERSARIAL PROCEEDING COMMENCES AND THE RIGHT TO COUNSEL ATTACHES. C. FAILURE OF … State v. Doro, 103 N.J.L. 88, 93 (1926)). Here, the Office of the Public Defender was assigned to represent …
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… Benefits Plan. Relying on Brick Township PBA Local 230 v. Township of Brick, 446 N.J. Super. 61 (App. Div. 2016), plaintiff argued "a police officer who retired due to a disability was eligible for … the CBA constituted an "installment contract ," serving to commence the statute of limitations anew when the Township …