Search Rutgers Law Library N.J. Court Opinions

1 State v. Robert O. Marshall -- rank: 1000

... This case can also be found at 130 N.J. 109. SYLLABUS (This syllabus is not part of the opinion of ... to murder his wife, and sentenced to death. The State's theory at trial was that defendant had hired another to ... that court a petition for post-conviction relief (PCR). Defendant's amended petition contained a total of 548 grounds for reversal ... would be taken except on five claims involving defense counsel's representation in opening statement that defendant would testify, and defendant's competence to take part in the penalty-phase proceeding after ... defendant to present documentary evidence only.     The court denied defendant's petition for PCR, finding defendant's legal arguments to ...

docket:	a-38-95
court:	njsupreme
decided:	1997-03-05
status:
citation:	130 N.J. 109
Document Size:	586551

2 Philip A. Besler, et al. v. Board of Education of West Windsor-Plainsboro Regional School District, et al. -- rank: 978

... Court with two primary issues. First, whether plaintiff Philip Besler's right to free speech under the First Amendment was violated ... School District (Board). Second, whether the evidence supported the jury's award of $100,000 for plaintiff's pain-and-suffering. In the spring of 1996 Philip Besler ... public comment period began with a statement by the Board's President, Dr. Lester Bynum. Dr. Bynum stated that the public ... the Board, the girls high school basketball coach, the District's Superintendent, the high school Principal, and others. Only one of the twelve counts dealt with Mr. Besler's federal civil rights claim pursuant to 42 U.S. ...

docket:	a-81-08
court:	supreme
decided:	2010-05-17
status:
citation:	201 N.J. 544 993 A.2d 805
Document Size:	263597

3 Frank Schneider, Jr. v. State Investigator Donald Simonini -- rank: 978

... J., writing for the Court on the issue of Simonini's qualified immunity . The events that led to the mistaken arrest ... by Schneider and his wife for the violation of Schneider's constitutional rights occurred in 1989. The New Jersey Division of ... His supervisor was Robert Buccino, the head of the DCJ's Organized Crime Bureau. In April 1989, Simonini was told by ... be endangered and the investigation jeopardized. Shortly thereafter, the DCJ's investigation ended. After reviewing the evidence he had against Schneider ... lawsuit Schneider and his wife filed pursuant to 42 U.S.C.A. §1983 (Section 1983) against Simonini, Buccino, Post and ... cause, he is entitled to qualified immunity. Buccino, as Simonini's supervisor, is not liable because there was no evidence ...

docket:	a-84-98
court:	njsupreme
decided:	2000-03-06
status:
citation:	163 N.J. 336
Document Size:	138388

4 Frank Schneider, Jr. v. State Investigator Donald Simonini -- rank: 978

... J., writing for the Court on the issue of Simonini's qualified immunity . The events that led to the mistaken arrest ... by Schneider and his wife for the violation of Schneider's constitutional rights occurred in 1989. The New Jersey Division of ... His supervisor was Robert Buccino, the head of the DCJ's Organized Crime Bureau. In April 1989, Simonini was told by ... be endangered and the investigation jeopardized. Shortly thereafter, the DCJ's investigation ended. After reviewing the evidence he had against Schneider ... lawsuit Schneider and his wife filed pursuant to 42 U.S.C.A. §1983 (Section 1983) against Simonini, Buccino, Post and ... cause, he is entitled to qualified immunity. Buccino, as Simonini's supervisor, is not liable because there was no evidence ...

docket:	a-84-98
court:	njsupreme
decided:	2000-03-06
status:
citation:	163 N.J. 336
Document Size:	138347

5 State v. Carlton Harris -- rank: 969

... appeal, the Court determines whether weapons recovered from a defendant’s premises during a search conducted pursuant to a warrant issued ... cause” under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, may be admitted in ... prosecution if their illegal nature is immediately apparent. A firearm’s serial number is visible simply by looking at the weapon ... bodily injury,” the officer must seize it. N.J.S.A. 2C:25-21(d)(1). Another part of the ... states that the alleged abuser may have weapons. N.J.S.A 2C:25-28(j) provides that the court may ... Here, the search and seizure was conducted under N.J.S.A 2C:25-28(j). (pp. 13-15) 2. ...

docket:	A-111-10
court:	NJ Supreme Court
decided:	2012-08-16
status:
citation:
Document Size:	148149

6 E&J EQUITIES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 953

... the Ordinance), which prohibited such billboards. 1 After E&J's application for a variance to erect an electronic billboard was ... court affirmed the denial of the variance, finding the Township's decision to deny E&J's application was not arbitrary, capricious or unreasonable. The court also rejected E&J's equal protection argument. But, relying upon language in Bell v ... N.J. 384 (1988), the trial court found the Ordinance's ban violated the First Amendment . The sole issue presented by the Township's appeal is whether the Ordinance's ban on digital ...

docket:	a2432-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-17
status:	published
citation:	437 N.J.Super. 490 100 A.3d 539
Document Size:	85041

7 State v. Felicia Stovall -- rank: 941

... requires the Court to determine whether a law enforcement officer's investigatory stop at Newark International Airport was justified by a ... at their office in Newark Airport. They confirmed the flight's arrival time, obtained the services of a Spanish-speaking officer ... posted in the baggage handling area. Although matching Agent Cahill's general descriptions, the women were African-American, not Hispanic.     As ... where they were was fine. Detective Benoit asked where Stovall's flight had originated from, and Stovall responded “Los Angeles.” At Benoit's request, Stovall produced her airline ticket bearing the name “Roberta ... because “most people carry more substantial identification, specifically a driver's license.” Benoit also found the identification suspicious because the ...

docket:	a-15-00
court:	njsupreme
decided:	2002-01-28
status:
citation:	170 N.J. 346
Document Size:	109373

8 State of New Jersey v. Jesse Timmendequas -- rank: 925

... earlier in the evening. After determining that Joseph Cifelli, Timmendequas's roommate, was a prior sex offender, police obtained his consent ... shaking and perspiring heavily throughout his interview. Based on Timmendequas's nervousness, and his assertion that he was alone at the time of Megan's disappearance, the officers asked him to come to headquarters for ... waiver form. Timmendequas denied having anything to do with Megan's disappearance. He left the station at 4:00 a.m.     The next morning, detectives went to Cifelli's house to search the premises again. While the search was ... walk and brought out the garbage. The officers obtained Cifelli's consent to search the garbage. They found a waistband ...

docket:	a-172-97
court:	njsupreme
decided:	1999-08-10
status:
citation:	161 N.J. 515
Document Size:	446325

9 Lula M. Henry v. New Jersey Department of Human Services -- rank: 922

... complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). 2 In early ... on which to extend the statute of limitations on Henry’s retaliation claim. That cause of action accrued at or before ... If none exists, the court decides whether the trial court’s ruling on the law was correct. (pp. 9-10) 2 ... then shifts back to the employee to prove the employer’s stated reason was false and motivated by discriminatory intent. A ... 200 N.J. 555 (2010), the Court considered a plaintiff’s argument that cancellation of his insurance after he was terminated ... light of Roa , the Court affirms the judgment dismissing Henry’s retaliation claim because there is no equitable basis on ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

10 State v. Brian WakefieldRIVERA-SOTO, J., writing for the Court.Brian Wakefield pled guilty to two counts of capital murder.In this appeal,Wakefield raises fourteen assignments of error in respect of the penalty phase trialthat resulted in his death senten -- rank: 913

... death. Through relatives, it was also determined that Mrs. Hazard’s car, a Lincoln Continental, was missing. The Lincoln was later ... approximate time of the homicides, so it was the State’s position that Wakefield committed the crimes by his own conduct ... was committed while Wakefield was engaged in murder (Mr. Hazard’s), robbery and/or burglary, and it was committed for the ... was granted leave to appear as amicus curiae. HELD : Wakefield’s penalty phase proceedings were fair, the death sentence was properly ... themselves; photographs of the crime scene; and evidence of Wakefield’s post-crime behavior. Underlying these claims is Wakefield’s contention that his unconditional guilty plea obviated any need ...

docket:	a-37-04
court:	njsupreme
decided:	2007-05-07
status:
citation:	190 N.J. 397
Document Size:	487750

11 State of New Jersey v. P.Z. -- rank: 894

... This case can also be found at 143 N.J. 480. SYLLABUS (This syllabus is not part of the opinion of ... related to a child abuse investigation.     In November 1993, defendant's seven-week-old daughter, C.Z., was admitted to Jersey ... in both eyes. The hospital notified DYFS about C.Z.'s injuries as mandated by statute. DYFS commenced a Title Nine ... investigation and reported the case to the Ocean County Prosecutor's Office.     Initial interviews by a DYFS caseworker with defendant, his wife, and defendant's father did not reveal a plausible explanation for C.Z.'s injuries. The Attorney General instituted a civil action against ...

docket:	a-21-96
court:	njsupreme
decided:	1997-11-26
status:
citation:	143 N.J. 480
Document Size:	140018

12 HORIZON HEALTH CENTER V. FELICISSIMO -- rank: 894

... trimester abortions. In August 1990, members of Helpers of God's Precious Infants (Helpers), an anti-abortion group, began holding prayer ... 9:30 that morning, at the height of the clinic's scheduled appointments, 120 to 140 demonstrators had arrived. The demonstration ... of the commotion in front of the clinic.     The Center's Executive Director filed a complaint that morning, seeking to enjoin ... directing any obscene, abusive, or loud language toward the Center's staff or patients. In support of the issuance of a ... determined that it could place reasonable restraints on the demonstrator's activities. Moreover, the trial court found that the noise of ... front of the Center. The court found that the government's interest in controlling traffic and promoting public safety justified ...

docket:	a-63-93
court:	njsupreme
decided:	1994-04-06
status:
citation:	135 N.J. 126
Document Size:	76117

13 STATE OF NEW JERSEY V. ANTHONY DIFRISCO -- rank: 891

... who was partial sat as a result of the defendant's exhaustion of peremptories. Erroneous advice from counsel did not constitute ... capital murder charge. (pp. 7-13) 2. Original trial counsel's erroneous sentencing prediction -- that DiFrisco would not receive the death ... the constitutional guarantee of an impartial jury. The trial court's failure to excuse a particular juror for cause was harmless ... court to instruct the jury that it could consider DiFrisco's exercise of his right of allocution insofar as it impacted ... not in any way prohibit the jury from considering DiFrisco's statement as an indication of his remorse. (pp. 43-49 ... hired DiFrisco and also the devastating emotional effect that DiFrisco's execution would have on his mother. Neither of those ...

docket:	a-98-93
court:	njsupreme
decided:	1994-07-27
status:
citation:	137 N.J. 434
Document Size:	242186

14 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 891

... Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg argued the cause for respondents in A-2320-04T3 ... Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Gitanjali S. Gutierrez, on the brief). American Civil Liberties Union of New ... Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended ... biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20 g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide ... investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., ...

docket:	A2671-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121823

15 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 891

... Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg argued the cause for respondents in A-2320-04T3 ... Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Gitanjali S. Gutierrez, on the brief). American Civil Liberties Union of New ... Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended ... biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide ... investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., ...

docket:	A2320-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121848