75 results for 'court:"New Jersey Appellate Division"'.
J. Susswein finds that the trial court improperly excluded expert testimony in claims contending defendant, a minor, waived his Miranda rights during police interrogation for his alleged participation in a murder. The state acknowledged the motion court should not have excluded testimony from the expert, who spoke about adolescent brain development and juvenile understanding of Miranda rights, and the appreciation test taken by defendant indicated he understood some Miranda concepts but not others. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: July 12, 2023, Case #: A-1229-22, Categories: Juvenile Law, Miranda, Experts
J. Gilson finds that the trial court properly suppressed evidence in claims contending defendant crashed his vehicle into a gas station after injecting himself with fentanyl-laced heroin, killing three people. The warrantless search of defendant's clothing performed incidental to his arrest was lawful, and safety concerns existed on grounds that another uncapped syringe may have been contained in his clothing. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: July 5, 2023, Case #: A-2329-21, Categories: Drug Offender, Search, Vehicular Homicide
J. Berdote Byrne finds that the trial court properly dismissed claims contending a car company failed to timely repair a leased vehicle because plaintiff merely mentioned her vehicle had been recalled as opposed to demonstrating that the vehicle contained a defect affecting use or safety. Affirmed.
Court: New Jersey Appellate Division, Judge: Berdote Byrne , Filed On: June 30, 2023, Case #: A-2981-21, Categories: Fraud, Consumer Law
J. DeAlmeida finds that the trial court properly dismissed claims contending municipal officials improperly assessed residential property for taxes. The complaint cannot be changed to seek monetary damages against the tax assessor, and since the complaint is a thinly veiled tax appeal, it is time-barred. Affirmed.
Court: New Jersey Appellate Division, Judge: DeAlmeida , Filed On: June 28, 2023, Case #: A-0603-21, Categories: Civil Procedure, Tax
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J. Byrne finds that the trial court properly quieted title to property that had been conveyed to the tenants. One tenant possessed a recorded deed, and the other tenant could not revoke the gift to transfer property without the other tenant's consent after unilaterally dissolving his fee simple interest and recording the deed. Affirmed.
Court: New Jersey Appellate Division, Judge: Byrne, Filed On: June 20, 2023, Case #: A-3030-21, Categories: Property
[Consolidated.] J. Geiger finds that the trial court improperly held that incident reports regarding injuries at two medical facilities were not privileged because reports created for purposes of self-analysis are not subject to disclosure or discovery, and plaintiffs were free to engage in discovery from non-privileged sources. Reversed.
Court: New Jersey Appellate Division, Judge: Geiger , Filed On: June 15, 2023, Case #: A-3751-21, Categories: Discovery, Medical Malpractice, Privilege
J. Sumners finds that the trial court improperly dismissed claims contending a 66-year-old bookkeeper had been fired from the law firm due to her age and for taking off work for a knee surgery. An attorney's comments that the bookkeeper's leave "certainly played a factor" in whether she could join the new firm following merger suggested possible discrimination. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: June 9, 2023, Case #: A-0466-21, Categories: Employment, Employment Discrimination
J. Mawla finds that the trial court should have compelled prosecutors to provide discovery related to facial recognition technology used to identify and charge defendant with armed robbery. While eyewitnesses identified defendant as the perpetrator, defendant was denied due process when he was not allowed to challenge the state's investigation.
Court: New Jersey Appellate Division, Judge: Mawla , Filed On: June 7, 2023, Case #: A-3078-21, Categories: Robbery, Due Process, Identification
J. Susswein finds that the trial court should have vacated defendant's convictions for possession of controlled substances with intent to distribute. While police observed defendant commit traffic violations, defendant had parked and exited his vehicle before they could effectuate a stop. Meanwhile, the officer observed drugs in the car's floorboard only because defendant had not been allowed to retrieve his own credentials from the car. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein, Filed On: June 6, 2023, Case #: A-2035-21, Categories: Drug Offender, Search
J. Vernoia finds that the trial court should have suppressed evidence of a handgun and large capacity magazine in defendant's trial on weapons charges because the officer may not have been able to see a handgun through the tinted windows of defendant's vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Vernoia, Filed On: May 26, 2023, Case #: A-1243-22, Categories: Search, Weapons
J. Natali finds that the trial court properly upheld the defendant's obligation under sex offender laws. Other jurisdictions have rejected due process challenges to lifetime registration requirements for certain violent offenders, and no legal authority states that all sex offenders who remain offense-free will eventually reach a point at which they are no longer a risk of committing sexual offenses. Affirmed.
Court: New Jersey Appellate Division, Judge: Natali, Filed On: May 25, 2023, Case #: A-1189-21, Categories: Sentencing, Sex Offender