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… May 25, 2017 – Decided Before Judges Hoffman, O'Connor and Mawla. On appeal from Superior Court of New Jersey, Law … from a January 28, 2016 Law Division order dismissing her complaint against defendant Jeffrey J. Sorokin, M.D., based … the factual bases and the methodology are A-2781-15T3 19 reliable." Id. at 55 (quoting Landrigan v. Celotex Corp., …
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… 19, 2022 – Decided August 19, 2022 Before Judges Sabatino and Susswein. On appeal from an interlocutory order of the … County Prosecutor, attorney; Monica do Outeiro, of counsel and on the brief). David J. Foley, III, argued the cause for … appeal that evidentiary ruling, the trial proceeded to its completion. Based upon the arresting police officer's …
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… M.D., JILLIAN R. THOMAS, PA-C, JERSEY CITY MEDICAL CENTER, and EVISION HEALTHCARE CORPORATION, Defendants-Respondents, and JUAN VELAZQUEZ, M.D., BENJAMIN CHANDLER, M.D., … allegedly failed to diagnose or detect signs of Acute Compartment Syndrome. On December 17, 2018, plaintiff first …
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… 3, 2022 – Decided March 3, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior Court of New … WITNESSES UNDERSTOOD THEIR DUTY TO TELL THE TRUTH AND WERE COMPETENT TO TESTIFY UNDER N.J.R.E. 601. (NOT RAISED BELOW). … the heart of the fact finding process making the verdict unreliable and requiring defendant to be granted a new trial." …
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… April 25, 2022 – Decided May 2, 2022 Before Judges Fasciale and Vernoia. On appeal from the Superior Court of New … home. Id. at 3. M.F. testified the man gestured for M.F. to come over to the man's porch, but M.F. went directly into … the defendant of a fair trial, a trial whose result is reliable." Id. at 687. "The error committed must be so …
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… ESTATE OF ANNETTE JACOBS by Executrix TAMARA E. JACOBS and TAMARA E. JACOBS, Individually, Plaintiff-Appellant, v. PRINCETON MEDICAL CENTER, Defendant-Respondent, and LENOX HILL HOSPITAL, THE ELMS OF CRANBURY, THE PAVILIONS … and "cleaning the wound and taking care of it is very uncomfortable for patients ," they "don't like it," and that …
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… NO. A-5310-18T2 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. L.M., … ("Laura"1) appeals from a May 20, 2016 judgment finding she committed abuse or neglect of her children F.T. ("Fiona"), … and Sean. Dr. Lanese found Fiona's description of the abuse reliable and genuine and concluded she had been physically …
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… Submitted October 27, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior Court of New … Liner examined D.C. Dr. Liner testified that she conducted complete physical and neurological examinations of D.C. She … TRIAL COURT'S CUMULATIVE ERRORS DENIED DEFENDANT A FAIR AND RELIABLE TRIAL. POINT V – TRIAL COUNSEL WAS INEFFECTIVE BY …
njcourts.gov
… OF WEST ORANGE, TOWNSHIP OF WEST ORANGE PLANNING BOARD, and TOWNSHIP OF WEST ORANGE TOWNSHIP COUNCIL, … plaintiff Kevin Malanga appeals from the dismissal of his complaint in lieu of prerogative writs challenging the … N.J. at 365 (noting a "statute's plain language is the most reliable indicium" of the Legislature's intent). Our reading …
njcourts.gov
… v. JAMES K. FORD, a/k/a JAMES SMITH, JHOOD J, and JHOOD JHOOD, Defendant-Appellant. … proceed as scheduled. The following day, jury selection commenced for the trial on the charges in Indictment No. … then ruled that J.G.'s prior statement was "sufficiently reliable" to be admitted as substantive evidence as a prior …
njcourts.gov
… NO. A-1536-19 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. A.H., … the apartment through a different exit. Arthur would then come down and tell the men to leave. The Division also … A finding of abuse or neglect "must be based on competent reliable evidence." N.J. Div. of Youth and Family Servs. v. …
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… Submitted January 21, 2021 – Decided Before Judges Ostrer and Enright. On appeal from the Superior Court of New … Law Division, Essex County, Indictment Nos. 99-01-0382 and 99-01-0383. Adam W. Toraya, attorney for appellant. … each victim. In exchange for his pleas, the State recommended that he receive a county jail sentence not to …
njcourts.gov
… Submitted December 16, 2020 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior Court of New … correctly determined defendant failed to present sufficient competent evidence establishing a permanent substantial … defendant's alimony obligation when he submit[ted] no reliable proofs suggesting his disability is permanent." The …
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… Submitted December 2, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior Court of New … G. Markarian, Assistant Deputy Public Defender, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, … second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), by committing one or more acts of sexual penetration on R.P.S. …
njcourts.gov
… NO. A-2590-19 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. C.P., Defendant, and F.A., SR., Defendant-Appellant. … to previously using marijuana and cocaine. The CEC recommended, among other things, a substance abuse assessment …
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… 2021 – Decided March 22, 2021 Before Judges Fuentes, Rose and Firko. On appeal from the Superior Court of New Jersey, … Public Defender, attorney; Susan L. Romeo, of counsel and on the brief). Barbara A. Rosenkrans, Special Deputy … defendant Thomas I. Moore of armed robbery, conspiracy to commit robbery, and related weapons offenses for his …
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… 27, 2020 – Decided May 11, 2020 Before Judges Fasciale and Mitterhoff. On appeal from the Superior Court of New … Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL … [DEFENDANT] A FAIR TRIAL. A. THE [ASSISTANT] PROSECUTOR COMMITTED MISCONDUCT IN HIS OPENING STATEMENT BY PROVIDING …
njcourts.gov
… v. EARNEST BATES, a/k/a DEMETRIUS BATES, and DARRYL JONES, Defendant-Appellant. … suppress evidence hearing, and failure of trial counsel to communicate with him. In so doing, we apply the familiar … court properly found the number of times trial counsel visited with [him] was not indicative of her effectiveness" …
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… 24, 2020 – Decided June 10, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior Court of New … by not effectively cross-examining his wife, and by not communicating with him about the case before trial. After … the defendant of a fair trial, a trial whose result is reliable." Strickland, 466 U.S. at 687. Put differently, …
njcourts.gov
… Plaintiff-Respondent, v. MARK WARNER, a/k/a MARK M. WARNER, and MARVIN WARNER, Defendant-Appellant. … OF COUNSEL FOR FAILING TO INVESTIGATE AND ADEQUATELY COMMUNICATE. POINT TWO THIS MATTER MUST BE REMANDED BECAUSE … the defendant of a fair trial, a trial whose result is reliable." Ibid. That is, "there is a reasonable probability …