-
njcourts.gov
… Submitted September 11, 2019 - Decided Before Judges Koblitz and Gooden Brown. On appeal from the … they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … and that he had "chosen not to be [there] on his own free will." During trial, defense counsel argued S.D.'s …
-
njcourts.gov
… Submitted March 19, 2019 – Decided Before Judges Suter and Geiger. On appeal from the Superior … would make the other children watch. In November 2005, Kate complained at school that defendant slapped Sara in the back … State v. Spivey, 179 N.J. 229, 236 (2004). A jury is "free to believe or disbelieve a witness's testimony." State …
-
njcourts.gov
… Submitted August 13, 2019 – Decided August 30, 2019 Before Judges Sumners and Moynihan. On appeal from an … was suspected of involvement in a shooting in the apartment complex in which he lived; and from the denial of its … rights so that he can exercise, according to his free will, the right against self- incrimination or waive …
-
njcourts.gov
… for the reasons expressed by Judge Kapalko in his comprehensive and well-reasoned opinions of October 24, 2014 … subject for expert opinion, the judge found the Board was free to accept the testimony of the applicant's 2 We could … conclude the universe of data presented on this subject, together with the opinions of two experts who opined the data …
-
njcourts.gov
… Submitted February 14, 2019 – Decided Before Judges O'Connor and Whipple. On appeal from the … In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … of the blood test results, the Law Division judge was free to make his own assessment of the evidence in the …
-
njcourts.gov
… Submitted November 18, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … did not file a brief. PER CURIAM Plaintiff N.L. filed a complaint under the Prevention of Domestic Violence Act of … 387 N.J. Super. at 127. N.L. is absolutely entitled to be free of harassment from anyone. That the parties have been …
-
njcourts.gov
… paying all expenses the same as when the parties lived together. During the separation period, the parties incurred … the parties agreed the three forgivable loans that would become due if plaintiff was terminated from his job prior to … indicate the report could not be dispositive. The judge was free to give the report whatever weight he deemed …
-
njcourts.gov
… of Hartz's property to operate a restaurant in a large commercial complex located in Secaucus. Section 6.2 of the … with the conduct or management of the Common Areas together with all costs, expenses and liabilities incurred in … he must take reasonable measures to keep that sidewalk free of hazards.").5 Here, the record reveals that …
-
njcourts.gov
… Argued October 21, 2020 – Decided Before Judges Accurso, Vernoia, and Enright. On appeal from … Coleman were walking out of the Garden Spires Housing Complex in Newark, where Grant and his family lived. As the … by imperfect humans, no trial can ever be entirely free of even the smallest defect. [The court's] goal, …
-
njcourts.gov
… Submitted October 21, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … of contract case, plaintiff Anello Fence, LLC filed a complaint in the Special Civil Part against defendant. The … of the settlement." Id. at 420. "Parties are always free to preserve any claim they A-0940-19T1 10 might have …
-
njcourts.gov
… Submitted March 23, 2020 – Decided May 27, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … to allow his claim that the State's plea offer was not communicated to him. In June 2017, a new PCR judge heard … from the State had one been offered. The PCR judge was free, of course, to reject that assertion. The court found …
-
njcourts.gov
… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … NEW JERSEY CONSTITUTIONS['] GUARANTEE [AND] THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES. U.S. CONST. …
-
njcourts.gov
… NOS. A-5698-17T2 A-5710-17T2 MFC RESOURCES, INC., MFC COMMODITIES GMBH, MFC COMMODITIES U.S.A., L.P., INC., and … a party defendant pursuant to our June 27, 2019 order. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to be more credible than plaintiffs' witnesses. We are not free to disregard Judge DeLuca's factual findings so long as …
-
njcourts.gov
… Argued February 11, 2020 – Decided May 4, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … 3 A-0527-18T3 Defendants argue the Family Part committed reversible error by granting the Division's motion … for child abuse or neglect." Ibid. We further held "that free transcripts must also be provided." Id. at 20. While …
-
njcourts.gov
… (A-5018-18) February 25, 2020 – Decided March 25, 2020 Before Judges Yannotti and Currier. On appeal from the Tax … buildings, which were constructed in the early 1900's, comprising about 44,495 square feet of space. On October 1, … asserted by experts, [a] tax court judge [i]s free to accept or reject in whole or in part the testimony …
-
njcourts.gov
… Submitted April 29, 2019 – Decided May 7, 2019 Before Judges Sabatino, Mitterhoff and Susswein. On appeal … to parole supervision, the most recent offense he had committed was in September 2003. Subsequent to being … evidence in the record, spanning many years of infraction-free incarceration and favorable psychological evaluations, …
-
njcourts.gov
… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … on the courts to ensure that defendants receive conflict-free representation." Ibid. (citing State v. Loyal, 164 N.J. …
-
njcourts.gov
… administration of the estate, plaintiff filed a verified complaint and an order to show cause (OTSC) to remove … employed, despite a facile simplicity, actually is not free from doubt as to its meaning, the party is permitted to … remaining issues in this case, the [c]ourt has agreed to revisit the parties' proofs. The [c]ourt now determines that …
-
njcourts.gov
… (counts three and four); and second- and third-degree computer theft, N.J.S.A. 2C:20-25(c) (counts five and six). … on the question, and informed the attorneys he would revisit the matter after that. On the next day of trial, the … perceptions over time, was justified. But the jury was free to reject the identifications made by the witnesses. …
-
njcourts.gov
… Submitted May 6, 2020 – Decided July 6, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … U's substance abuse issues but thought he remained drug free in the months prior to his death, as he looked … 4 A-4572-17T3 911. They noticed a "tannish bloodish" fluid coming out of Sung U's mouth and tried to administered CPR …