Posted Date | Name of Case (Docket Number) | Type |
---|---|---|
Jan. 17, 2018 |
A.E.C. VS. P.S.C., IN THE MATTER OF J.S.E. (FD-11-0394-17, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
(A-1290-16T4)
Following O.Y.C.P. v. J.C.P., 442 N.J. Super. 625 (App. Div. 2015), the court further addressed the Family Part's jurisdiction over person between the ages of eighteen and twenty-one who apply to the Family Part for predicate findings in special immigrant juvenile (SIJ) cases. In this case, the court addressed the Family Part's jurisdiction to grant an application for child custody, made in connection with an SIJ-related application. The court held that, pursuant to N.J.S.A. 9:17B-3, the Family Part has jurisdiction to grant a parent custody of an unemancipated child who is over eighteen, but under twenty-one, and to issue a declaratory ruling that the child is dependent on the parent and is not emancipated. |
Appellate |
Jan. 17, 2018 |
G.M. VS. C.V. (FV-14-0182-05, MORRIS COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
(A-4820-15T4)
This appeal requires the court to determine the procedures that should be followed by the Family Part where a person, restrained by a final restraining order (FRO) entered under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, requests to modify or dissolve the FRO, but the transcript of the FRO hearing is not available through no fault of the defendant. We hold that due process requires the Family Part judge to reconstruct the record if the court cannot assess whether to deny the application or is otherwise satisfied that the record before it presents a prima facie showing of changed circumstances. We reverse and remand to the Family Part for proceedings consistent with this opinion. |
Appellate |
Jan. 12, 2018 |
KEVIN CONLEY VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (GOVERNMENT RECORDS COUNCIL)
(A-4754-14T3)
This appeal requires this court to determine whether certain data the Department of Corrections (DOC) is required to maintain by federal and State regulations is no longer subject to disclosure as a "government record" under the Open Public Records Act (OPRA). Specifically, whether data previously provided to the public in monthly reports is no longer available because the DOC implemented a new data collection system that does not generate these reports. The Government Records Council (GRC) upheld the DOC's denial of these records because they are no longer available in this format. This court reverses the GRC and holds that technological advancements in data storage should enhance, not diminish, the public's right to access "government records" under OPRA. Acceptance of the DOC's argument would leave the public policy of transparency and openness codified in OPRA unacceptably vulnerable to bureaucratic manipulation. |
Appellate |
Jan. 11, 2018 |
State v. Ryan Sutherland
(A-14-16 ; 077807)
The Appellate Division erred in concluding that the holding in Heien is applicable here. The motor vehicle statutes pertinent here are not ambiguous. The officer’s stop of defendant’s motor vehicle was not an objectively reasonable mistake of law that gave rise to constitutional reasonable suspicion; the stop was therefore unconstitutional. |
Supreme |
Jan. 10, 2018 |
Doreen Hayes v. Barbara Delamotte
(A-4-16 ; 077819)
Because the trial court’s error in preventing plaintiff from replaying a portion of the deposition during summation at the first trial resulted in a miscarriage of justice, the trial court properly granted plaintiff’s motion for a new trial. Further, the trial court erred in permitting Dr. Vasen to bolster his testimony using "congruent" opinions in reports of non-testifying doctors during the first trial rather than simply explain the sources of information used in forming his opinion. |
Supreme |
Jan. 9, 2018 |
ALL THE WAY TOWING, LLC, ET AL. VS. BUCKS COUNTY INTERNATIONAL, INC., ET AL. (L-1865-12, OCEAN COUNTY AND STATEWIDE)
(A-4825-15T2)
In reversing the summary judgment entered in favor of defendants on both plaintiffs' breach of contract and consumer fraud claims, the court held, among other things, that the sale of a tow truck constituted a "sale of merchandise," as defined by N.J.S.A. 56:8-2, even though it was custom built. |
Appellate |
Jan. 8, 2018 |
FRANCES GREEN VS. MONMOUTH UNIVERSITY, ET AL. (L-2538-14, MONMOUTH COUNTY AND STATEWIDE)
(A-1652-15T2)
Plaintiff fell at a concert at a university's multipurpose center. The Appellate Division agreed the university had charitable immunity. Holding concerts open to the public to advance education was one of the university's purposes. The concert served that purpose regardless of the music's genre. The university remained immune though the performer, and the entities which selected and booked her and rented the center, were for-profit. Even a charity can rent its facilities to for-profit entities unless non-charitable activities become its dominant motive, which was not shown here. As an audience member, plaintiff was a beneficiary regardless of whether she viewed the concert as educational. Judge Fisher dissents. |
Appellate |
Jan. 2, 2018 |
BANC OF AMERICA LEASING AND CAPITAL, LLC VS. FLETCHER-THOMPSON INC., ET AL. (DJ-171959-15, MERCER COUNTY AND STATEWIDE)
(A-0848-16T4)
The court reverses an order granting the judgment creditor's motion to turn over the funds in a joint marital account without a determination of whether the funds belonged to the debtor husband alone. The court notes that the wife was not a judgment debtor, did not sign the agreement with the creditor to make payments to avoid the levy, and claimed the funds were exempt pension funds. |
Appellate |
Jan. 2, 2018 |
M.C. VS. G.T. (FV-20-1510-16, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
(A-4781-15T4)
Plaintiff failed to prove defendant committed an act of domestic violence but the judge – after acknowledging the Prevention of Domestic Violence Act did not permit issuance of a final restraining order – relied on P.J.G. v. P.S.S., 297 N.J. Super. 468 (App. Div. 1997), invoked her "inherent equitable powers," and entered restraints in plaintiff's favor. The court reversed, holding that even if it represents good law, P.J.G. requires that some other vehicle – such as another pending action between the parties – must be available for the issuance of restraints based on the trial court's inherent equitable powers. There being no action between the parties except the domestic violence action in question, the trial court was not authorized to impose restraints or do anything but dismiss plaintiff's domestic violence action without granting affirmative relief. |
Appellate |
Dec. 29, 2017 |
THOMAS G. LECHLER, ET AL. VS. 303 SUNSET AVENUE CONDOMINIUM ASSOCIATION, INC., ET AL. (L-0466-15, HUDSON COUNTY AND STATEWIDE)
(A-1095-16T3)
In this premises liability case, we reverse a Law Division order granting a directed verdict to defendants, a condominium association and its property manager, and dismissing with prejudice the negligence claim of plaintiff, a condominium resident. We hold that the association had a statutory duty to maintain the common areas, including a duty to identify and correct dangerous conditions, and that duty extended to residents of the condominium building, regardless of their characterization as licensees or invitees. While the condominium association has a statutory right to adopt a by-law precluding residents from suing the association for negligence, the association did not adopt such a by-law. Because plaintiff's evidence, if credited by the jury, established a prima facie case of negligence, we reverse and remand for a new trial. |
Appellate |
Dec. 29, 2017 |
JOHN WATSON VS. NEW JERSEY DEPARTMENT OF THE TREASURY (L-0889-16, MERCER COUNTY AND STATEWIDE)
(A-5627-15T4)
Plaintiff appealed the dismissal of his complaint under N.J.S.A. 52:4C-1, the Mistaken Imprisonment Act. Plaintiff was convicted in 1988 of possession of cocaine and weapons. He served five and one half years and was released from prison in 1996. In April 1999, the New Jersey Office of the Attorney General issued a report acknowledging the State Police's use of racial profiling on the Turnpike from 1988 to 1999 and in 2000, agreed to vacate convictions and dismiss charges for certain cases. In November 2011, plaintiff was convicted in the United States District Court for the Middle District of Pennsylvania for another narcotics offense and sentenced to thirty years. The federal court used plaintiff's New Jersey convictions to enhance his federal sentence because he qualified as a three-strike "career offender". On May 2, 2014, the New Jersey court consented to order vacating defendant's 1988 New Jersey conviction because it was subject to inclusion in the aforementioned State Police racial profiling consent order. In light of the vacated conviction, the federal court resentenced plaintiff to a shorter term as he no longer qualified as a "career offender." Plaintiff filed suit under the Act on April 27, 2016. The trial judge dismissed plaintiff's complaint. The panel affirmed the dismissal of plaintiff's complaint because the plain language of N.J.S.A. 52:4C-4 identifies two triggering events from which to calculate the two-year statute of limitations: release from imprisonment or a pardon. Because plaintiff's complaint was filed beyond the two years after his release from prison in New Jersey and the vacatur of his conviction was not a pardon, his complaint was not timely filed. |
Appellate |
Dec. 26, 2017 |
STATE OF NEW JERSEY VS. ANWAR H. BELTON (10-09-2272, ATLANTIC COUNTY AND STATEWIDE)
(A-0971-16T1)
In this PCR appeal, defendant collaterally challenged his conviction, after a guilty plea, to aggravated manslaughter. The panel concludes that defendant, in the course of his allocution, suggested a defense of others that was inconsistent with guilt; his waiver of that defense was not knowingly made; therefore, he did not present a sufficient factual basis of guilt. In reaching this conclusion, the panel applies the principles set forth in State v. Urbina, 221 N.J. 509 (2015), although that case involved a claim of self-defense, rather than the defense of others, suggested in the course of a guilty plea. In view of defendant's contemporaneous claim of innocence, the panel held that the failure to elicit a sufficient factual basis was of constitutional dimension and warrants PCR. |
Appellate |
Dec. 21, 2017 |
New Jersey Division of Child Protection and Permanency v. A.B.
(A-27-16 ; 077664)
The Division met its burden of proof concerning A.B.’s abuse or neglect of A.F. under N.J.S.A. 9:6-8.21(c)(4). The Court finds insufficient proof of willful abandonment under N.J.S.A. 9:6-8.21(c)(5) and reverses on that issue. The hearsay evidence was properly suppressed. |
Supreme |
Dec. 19, 2017 |
State v. William Burkert
(A-6-16 ; 077623)
To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy. |
Supreme |
Dec. 19, 2017 |
DCPP VS. N.B. IN THE MATTER OF D.B. (FN-12-0185-15, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
(A-4562-15T1)
Defendant appealed from an order terminating litigation after a fact-finding hearing wherein a Family Part judge determined she had abused or neglected her son by exposing him to domestic violence and suggesting she wanted to commit suicide. The panel reversed because the trial judge impermissibly admitted and relied on insufficiently corroborated statements of the child, as well as facts and complex diagnoses within a hearsay report of a psychologist consultant of the Division of Child Protection and Permanency. In particular, the panel noted the corroboration necessary to rely on the hearsay statements of the child, N.J.S.A. 9:6-8.46(a)(4) must be direct or circumstantial and corroboration should not be conflated with reliability. The panel also reiterated when an expert is not produced as a witness, N.J.R.E. 808 requires exclusion of the expert's complex disputed opinion, even if the opinion is contained in a business record, unless the trial judge makes specific findings regarding trustworthiness. |
Appellate |
Dec. 18, 2017 |
State v. Akeem Boone
(A-3-16 ; 077757)
Because the warrant affidavit failed to provide specific information as to why defendant’s apartment and not other units should be searched, the warrant application was deficient. |
Supreme |
Dec. 14, 2017 |
A.T. v. M. Cohen, M.D.
(A-12-16 ; 077821)
The Court reverses the grant of summary judgment to defendants and remands the matter for further proceedings, finding that the equities militate in favor of permitting a facially meritorious action to proceed here. The Court declines to approve recourse to a voluntary dismissal without prejudice under Rule 4:37- 1(b) as an appropriate avenue for addressing failures to comply with the affidavit of merit requirement, including when a minor is involved. Rather, the Court will require modification of the Judiciary’s electronic filing and notification case management system to ensure that, going forward, necessary and expected conferences are scheduled to enhance parties’ compliance with requirements under the Affidavit of Merit Statute, in furtherance of the statutory policy goals. |
Supreme |
Dec. 11, 2017 |
JENNIFER KOCANOWSKI VS. TOWNSHIP OF BRIDGEWATER (DIVISION OF WORKERS' COMPENSATION, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT)
(A-3306-15T2)
Appellant was a volunteer firefighter when she was injured responding to a fire. She was unemployed at the time of the injury and received no wages. Following a hearing, a Workers' Compensation judge denied appellant's application for temporary total disability benefits. The panel agreed that payment of temporary disability benefits depended upon proof of lost wages. Temporary disability is intended to replace lost wages. Without proof of lost wages, appellant had no entitlement to temporary disability benefits under the Workers' Compensation Act. |
Appellate |
Dec. 11, 2017 |
Philip Vitale v. Schering-Plough Corporation
(A-20-16 ; 078294)
The Disclaimer is void because it is contrary to the public policy expressed in sections 39 and 40 of the Workers’ Compensation Act. |
Supreme |
Dec. 11, 2017 |
DCPP VS. C.J.R. AND C.R.A. IN THE MATTER OF THE GUARDIANSHIP OF A.A.R., C.L.A., AND C.A. (FG-07-0117-16, ESSEX COUNTY AND STATEWIDE)(CONSOLIDATED)(RECORD IMPOUNDED)
(A-3884-15T1/A-3885-15T1)
Defendants appeal from an April 27, 2016 judgment of guardianship terminating their parental rights to their three biological children. Because the trial court erred in giving preclusive effect, in the guardianship proceeding, to the prior finding of abuse and neglect based upon the burden shifting provisions of Title Nine, the panel reverses and remands for a new guardianship trial. N.J.S.A. 9:6-8.46(a)(2) provides proof of injuries sustained by a child or of the condition of a child of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent or guardian shall be prima facie evidence that a child of, or who is the responsibility of such person is an abused or neglected child. In such circumstances, the burden shifts to those who have had access to the child to prove non-culpability. Title Thirty contains no such similar burden shifting provisions. Therefore, the trial court's decision to give the Title Nine fact-finding preclusive effect in the Title Thirty proceedings, shifting the burden to defendants and requiring them to rebut the presumption of abuse and neglect through their own evidence, created an unconstitutional asymmetry that the panel considers plain error on a critical question of law warranting reversal.
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Appellate |