8 results for 'judge:"Wainer Apter "'.
J. Wainer Apter finds that the appellate division properly dismissed charges contending defendant portrayed a child in a sexually suggestive manner after he distributed photographs of a five-year-old girl featuring a superimposed picture of an aroused penis. Defendant could be prosecuted under the state's obscenity law, but the specific subsection that prohibits child pornography was overbroad. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: May 8, 2024, Case #: A-57-22, Categories: Sex Offender
J. Wainer Apter finds that the appellate division properly upheld a protective order entered against defendant based on accusations that he had non-consensual sexual contact with an intoxicated woman. The trial court and appellate division both held that the "possibility of future risk" included "something emotionally unwelcome" and found the victim's testimony credible, while defendant's testimony was found not credible. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: April 22, 2024, Case #: A-47-22, Categories: Restraining Order, Assault
J. Wainer Apter finds the appellate division improperly ruled that defendant, who was charged with carjacking, had potentially conducted witness tampering when he sent a letter to the victim asking her to tell the truth. The letter did not contain any threats, and the state did not prove that defendant intended the witness to testify falsely or withhold information. Reversed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 18, 2024, Case #: A-41-22, Categories: Theft, Witnesses
J. Wainer Apter finds that the appellate division should have upheld defendant's conviction for making terroristic threats after he told a police officer to "worry about a head shot" and posted to Facebook that he knows "where all you motherfu$kers live" because the statements were understood to constitute threats of violence, and the trial court correctly instructed the jury on the components of charge. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 16, 2024, Case #: A-20-22, Categories: Jury, Threats, Terrorism
J. Wainer Apter finds that the appellate division improperly found for the school district in claims contending a 76-year-old school bus aide sexually assaulted a pre-kindergarten student and other children. That the aide may have touched the genitals of both boys and girls on the bus did not preclude liability for sexual harassment or provide a defense for alleged sex discrimination or harassment. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: September 12, 2023, Case #: A-24-22, Categories: Education, Negligence
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J. Wainer Apter finds the appellate division properly upheld the ruling that the county officials were 60% liable for the suicide of the husband in the jail cell. The jury could have determined the county was partially responsible due to the husband���s suicide note and did not appropriately examine whether the person was hazardous to himself or others. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: August 10, 2023, Case #: A-1-22, Categories: Negligence, Wrongful Death
J. Wainer Apter finds the appellate division properly allowed defendant, who was driving well over the speed limit and found with a blood alcohol content of 0.376% when he crashed and killed his passenger, to be retried on aggravated manslaughter and death by automobile counts. While the blood drawn was not defendant's, the other charges may be retried without violating double jeopardy laws because the mistake in using another person's blood was unintentional and does not affect the charges that don't involve the blood alcohol level. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: August 9, 2023, Case #: A-22-22, Categories: Double Jeopardy, Vehicular Homicide
[Consolidated.] J. Wainer Apter finds that the appellate division properly held that trial courts should determine conditions to place on a defense medical examination on a case-by-case basis because trial courts have the ability to determine what to permit and what to forbid in such examinations, and disputes regarding third-party observation can be resolved without involving the court. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: June 15, 2023, Case #: A-58-21, Categories: Civil Procedure, Negligence