-
njcourts.gov
… (SHBP); defendant, as a locally elected Wildwood City commissioner, was neither working full-time hours nor … instead, he simply relied upon a resolution declaring the commissioners to be full-time employees, at least in name, … history behind N.J.S.A. 52:14-17.26 before reaching its ultimate conclusion. The City of Wildwood Commissioners are …
-
njcourts.gov
… Dr. Medina diagnosed Mia with suspected child abuse and recommended a second psycho social evaluation and sexually … Medina, acquired knowledge in a child of Mia's age "would come from an exposure" or "[s]eeing those actions or an … something she saw or heard." Judge DeCastro considered but ultimately found "Dr. Stillwell’s report wholly immaterial …
-
njcourts.gov
… conviction for felony murder and related offenses committed with a co-defendant during a robbery. On appeal, … first-degree robbery, second-degree conspiracy to commit robbery, and fourth-degree unlawful possession of a … ("Assessing IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial …
-
njcourts.gov
… Haas and Natali. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … for a CT-guided selective nerve root block at T7-T8. Smith ultimately underwent five procedures on his back between May … of the . . . spine, indicating long standing degenerative process." Because the judge's findings were reached on …
-
njcourts.gov
… Greene was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 15- 1(a)(1), but … scene trying to avoid the robbers. And she got hurt in the process. As a result of the use of force. The . . . threat … to the judge's decision to charge threat of force, it is ultimately a judge's responsibility to convey the law …
-
njcourts.gov
… He stated he first saw petitioner in June 2015. Petitioner complained of weakness and pain in her "distal [right] … and signs of carpal tunnel. He explained carpal tunnel is a common condition in a person's wrist and fingers "depending … due to physical injuries, but rather emotional issues, and ultimately returned to work and was promoted." This was a …
-
njcourts.gov
… Silva interviewed the victim, who seemed "a little bit uncomfortable" and "a little nervous . . . because she didn't … matter asserted." The mother did not testify. 9 A-1067-23 Ultimately, the judge found the victim's "statements have … daughter. We also reject defendant's claim that his due process rights were denied because he did not have the …
-
A-40-24 Reply Brief
Briefs
njcourts.gov
… Attorney I.D. No. 004501988 E-mail: gmcguckin@dmmlawfirm.com On The Brief: Kelsey A. McGuckin-Anthony, Esq. Attorney … REVIEW OF THE RECORD LED IT TO INCORRECTLY CONCLUDE A DUE PROCESS VIOLATION OCCURRED. POINT IV … statute it is the Township governing body which makes the ultimate decision on whether petitioners have met their …
-
njcourts.gov
… incidents of being sexually assaulted by defendant. After completing the interviews with the children, B.H. agreed to … [B.H.] told me to." Defendant then asked the detectives to come back into the room, and after being re-advised of his … scheduled oral argument and set a briefing schedule, it ultimately determined defendant failed to file a motion to …
-
njcourts.gov
… his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … 2 A-0793-22 also appeals from a November 4, 2022 order compelling disclosure of the laptop's passcode.2 We affirm … probable cause to search M.G.'s residence, which ultimately led to the seizure of his laptop. The search …
-
njcourts.gov
… but incorrect about the date. Petitioner's retirement had become due and payable on October 31, 2019. In a December 1, … changing her retirement type after her retirement had become due and payable on October 31, 2019. The Board … that the decision about which retirement type to request ultimately was "up to [her]." Instead of making those …
-
njcourts.gov
… and Perez Friscia. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … of Labor Workforce Development, Division of Workers' Compensation (Division), orders, which granted petitioner … observe "hearsay evidence need not be excluded," but "the ultimate award must be based on legally competent evidence." …
-
njcourts.gov
… summary judgment and denying her cross-motion to amend her complaint. We affirm. I. We discern the following facts from … for leave to amend be granted liberally,' even if the ultimate merits of the amendment are uncertain." Prime Acct. … at 457. That exercise of discretion requires a two-step process: whether the non-moving party will be prejudiced, …
-
njcourts.gov
… the jury on a lesser-included offense; the prosecutor committed discovery violations; the prosecutor engaged in … and client rights during trial that would have changed outcome of verdict." Defendant thereafter was assigned counsel, … attending the get-together but was given "the runaround." Ultimately, Cobb told Hudson she had lost the video. …
-
njcourts.gov
… grossing $143,000 annually and defendant having no earned income. Pursuant to the JOD, the parties agreed defendant had … opinions, oral decisions, . . . or reasons given for the ultimate conclusion." (quoting Do-Wop Corp. v. City of … with any such order, the court may award and issue process for the immediate sequestration of the personal …
-
njcourts.gov
… Seven D's attorney supplied Grove with a copy of Briukhan's complaint. Grove did not move to intervene in the lawsuit. Seven D's and Briukhan ultimately settled the initial lawsuit. Under the written … be seen as a . . . taking," it raises constitutional due process issues. Trus Joist Corp. v. Treetop Assocs., 97 N.J. …
-
njcourts.gov
… and Genesis Healthcare, Inc. and dismissing her complaint with prejudice for failure to timely provide an … sanctions as an alternative to dismissal of plaintiff's complaint, we reverse and remand. We recite the facts from … 203 N.J. 252, 274 (2010) (recognizing dismissal as the ultimate sanction to be ordered only when no lesser sanction …
-
njcourts.gov
… aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of committing 3 A-2188-21 another offense), and mitigating … victim, Justin Garcia. Id. at 291-92, 294. Defendant committed the offenses with her then boyfriend, Martin … to, she's making herself a better person because when she's ultimately up for parole, she will be able to tell the …
-
njcourts.gov
… a first-degree offense. In exchange, the State agreed to recommend a sentence of twenty-eight years with eighty-five … conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable. [State v. Fritz, … facts alleged in the light most favorable to [him], will ultimately succeed on the merits." Ibid. "To establish a …
-
njcourts.gov
… out-of-state pursuant to the Interstate Corrections Compact (ICC), N.J.S.A. 30:7C-1 to 12,1 appeals from a … the following two points: I. APPELLANT WAS DEPRIVED OF DUE PROCESS AND FAIRNESS WHEN [THE DOC] ARBITRARILY AND … to reviewing how a loss-of- commutation-time sanction will ultimately impact the inmate's original sentence, and it …