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46 State v. Joseph Schubert, Jr. -- rank: 780

... Jersey State Parole Board notified the trial court that defendant’s sentence omitted the statutorily mandated community supervision for life. On ... his sentence constituted double jeopardy. The trial court denied defendant’s petition. The Appellate Division reversed, concluding that the trial court’s action in amending the judgment of conviction violated defendant’s double-jeopardy rights. The Court granted the State’s petition for certification. 208 N.J. 368 (2011). HELD : The trial court’s action in amending defendant’s judgment of conviction to ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

47 CARLA ENRIQUEZ, M.D. v. WEST JERSEY HEALTH SYSTEMS -- rank: 773

... handicap under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 through -49 ("LAD"), and whether the ... precludes an employer from discriminating on the basis of someone's sexual identity or gender. We answer both questions in the ... notice.     In September 1996, less than a year after plaintiff's employment with West Jersey commenced, she began the external transformation ... regarding their discomfort over her transformation. Cossa was West Jersey's vice president and president and chief executive officer of defendant ... Physicians' Associates"), the entity which assumed control of the Center's professional staff in September 1997. Miller was vice president of ... on October 22, 1997. According to this letter, the Center's program was being assumed by Physicians' Associates as of ...

docket:	A2017-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-03
status:	published
citation:	342 N.J. Super. 501
Document Size:	57998

48 CARLA ENRIQUEZ, M.D. v. WEST JERSEY HEALTH SYSTEMS, et al. -- rank: 773

... handicap under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 through -49 ("LAD"), and whether the ... precludes an employer from discriminating on the basis of someone's sexual identity or gender. We answer both questions in the ... notice.     In September 1996, less than a year after plaintiff's employment with West Jersey commenced, she began the external transformation ... regarding their discomfort over her transformation. Cossa was West Jersey's vice president and president and chief executive officer of defendant ... Physicians' Associates"), the entity which assumed control of the Center's professional staff in September 1997. Miller was vice president of ... on October 22, 1997. According to this letter, the Center's program was being assumed by Physicians' Associates as of ...

docket:	a5581-99
court:	njappellate
decided:	2001-07-03
status:	published
citation:	342 N.J. Super. 501
Document Size:	53928

49 STATE OF NEW JERSEY V. BRIAN L. SMITH -- rank: 770

... put him in fear for his own and his partner's safety. Because Trooper Gacina wanted to secure the scene in ... well lit, Trooper Gacina was able to observe, underneath Muhammad's open jacket, a very large bulge protruding from under her ... became very nervous, started to cry, and stated that "It's not mine, they made me put it in there." Trooper ... a gun. When Gacina removed the object from underneath Muhammad's shirt, he discovered that it was a clear plastic bag ... both moved to suppress the crack cocaine found on Muhammad's person and the additional evidence found incident to the arrest ... ten years.     Muhammad and Smith separately appealed the trial court's denial of their motions to suppress. The Appellate Division ...

docket:	a-28-93
court:	njsupreme
decided:	1994-01-26
status:
citation:	134 N.J. 599
Document Size:	61684

50 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 770

... Decided May 23, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... that home and a warrantless search of a power company's records of the use of electricity there. Because the trial ... judge erroneously excluded polygraph evidence regarding the truthfulness of defendant's claim that he did not consent to the later search ... violation of See footnote 1 raising the following arguments: DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SHOULD HAVE BEEN GRANTED BECAUSE THE POLICE ENTRY INTO DEFENDANT'S HOME AND THE SEARCH OF HIS HOME VIOLATED THE UNITED ... JERSEY CONSTITUTIONS. A. The Warrantless Thermal-Imaging Scan Of Defendant's Home Constituted An Unreasonable Search. B. The Warrantless Seizure ...

docket:	a6101-02
court:	njappellate
decided:	2005-05-23
status:	published
citation:	377 N.J. Super. 515
Document Size:	128906

51 Paul M. DePascale v. State of New Jersey -- rank: 767

... After the trial court and Appellate Division denied the State’s requests for a stay, plaintiff filed a motion for direct ... sitting justices and judges, diminishes judicial salaries during a jurist’s term of appointment in violation of Article VI, Section 6 ... confidence in the integrity of the judiciary , and Article VI's No-Diminution Clause promotes that goal in perception and reality ... fear of economic retaliation. (pp. 3-5) 3. New Jersey's No-Diminution Clause serves the same purposes as the No ... separation of powers and preserving an independent judiciary. New Jersey's 1844 Constitution included a clause that mirrored the federal No ... and import of the federal language adopted in New Jersey’s 1844 Constitution was well-understood by the people of ...

docket:	A-34-11
court:	NJ Supreme Court
decided:	2012-07-24
status:
citation:	211 N.J. 40 47 A.3d 690
Document Size:	196419

52 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 761

... orders appealed from are final because, ultimately, all of plaintiff's claims against all remaining parties were disposed of. We affirm ... as City Cemetery but was also referred to as Potter's Field, a burial ground for indigent persons. Plaintiff learned of her father's death from a newspaper but was never told where he ... is her brother, tried for years to locate their father's grave. In the 1960s they visited the Hall of Records ... Newark, in search of details. These efforts were unsuccessful. Plaintiff's sister also hired a detective to locate their father's grave, but the detective provided no information.     Ultimately, plaintiff ...

docket:	A1438-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	353 N.J. Super. 475 793 A.2d 731
Document Size:	92195

53 FREDERICK HAMILTON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 761

... Because in this administrative proceeding, no motion was made, Hamilton's claim of unlawfulness may have been waived. Cf. State v ... result of our substantive resolution of the issues raised.     Hamilton's argument fails on substantive grounds. A state-compelled urinalysis constitutes ... purposes of the Fourth Amendment . Joye v. Hunterdon Central H.S. , 176 N.J. 568 , 589-95 (2003); New Jersey Transit ... g. , Skinner v. Railway Labor Exec. Ass'n. , 489 U.S. 602 , 617, 109 S. Ct. 1402 , 1413, 103 L. Ed.2d 639 , 660 ( ...

docket:	A1306-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-28
status:	published
citation:	366 N.J. Super. 284 841 A.2d 94
Document Size:	30890

54 Tammy S. Blakey v. Continental Airlines, Inc., et als. -- rank: 761

... portions of any opinion may not have been summarized). Tammy S. Blakey v. Continental Airlines, Inc., et als. (A-5-99 ... to the jurisdiction of New Jersey.     In December 1989, Tammy S. Blakey became Continental's first female captain to fly an Airbus or A300 Aircraft ... her that appeared in the workplace, specifically in her plane's cockpit and other work areas.     In February 1993, Blakey filed ... home state. She simultaneously filed a complaint in the U.S. District Court in Seattle against Continental for its failure to ... hostile work environment. That action was transferred to the U.S. District Court for the District of New Jersey on ...

docket:	a-5-99
court:	njsupreme
decided:	2000-06-01
status:
citation:	164 N.J. 38
Document Size:	96857

55 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 758

... prosecuted for various offenses including a violation of N.J.S.A. 2C:35-9 is constitutional in all respects. In addition, a conviction under N.J.S.A. 2C:35-9. A defendant convicted of distribution or ... that the death was neither too remote from the defendant's actions nor too dependent on another's conduct to make the conviction unjust.      N.J.S.A. 2C:35-9 (section 9) reads as follows:          a ... analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death ...

docket:	a-25-92
court:	njsupreme
decided:	1994-08-01
status:
citation:	137 N.J. 536
Document Size:	105572

56 MURRAY V. LAWSON -- rank: 755

... protestors from picketing within 300 feet of Dr. Elrick Murray's residence. Dr. Murray, a New Jersey-licensed obstetrician and gynecologist ... and three children. Dr. Murray performs abortions at the Women's Medical Center in Howell and other hospitals. The defendants, Michael ... also spoke to several neighbors in respect of Dr. Murray's abortion activities.     In February 1991 the Murrays filed suit in ... free speech rights and is unwarranted because of Dr. Murray's "unclean hands" resulting from the assault on Lawson. The Appellate ... from picketing in the immediate vicinity of Dr. Daryl Bofford's residence. Dr. Boffard, a New Jersey-licensed obstetrician and gynecologist ... depicting fetuses on the placards and from publishing the Boffard's address. The order also limited to six the number ...

docket:	a-42-93
court:	njsupreme
decided:	1994-04-06
status:
citation:	138 N.J. 206
Document Size:	68371

57 HOWARD GOLDSON, CONTINENTAL INS., CO., VS CARVER BOAT CORP., ET AL -- rank: 752

... MASSEY YACHT SALES, INC., POINT PLEASANT IRON WORKS and CLARK'S LANDING MARINA, jointly, severally and/or in the alternative,         Defendants ... The district court subsequently approved the sale of Trojan Division's name and assets to Carver, "free and clear of any ... for scrap to several different salvage companies.     Paul Tobin, plaintiff's adjuster and expert, examined the remains of the boat and ... defendant. Plaintiff asserted that Johnson & Towers improperly "marinized" the boat's engines, which had been manufactured by General Motors Corp. Plaintiff's claims against Johnson & Towers mirrored those he advanced against Carver ... was to the product itself. Carver contended additionally that plaintiff's action for breach of warranty should be dismissed because ...

docket:	a6443-96
court:	njappellate
decided:	1998-03-31
status:	published
citation:	309 N.J. Super. 384
Document Size:	40883

58 DelaCruz v. Borough of Hillsdale -- rank: 752

... Div. 2004). As a result, the panel held that plaintiff's § 1983 claims were not barred by the doctrine of qualified ... petition and the cross-petition. HELD : The Tort Claims Act's verbal threshold applies to common-law false arrest/false imprisonment claims. Furthermore, under N.J.S.A. 59:3-3, a police officer's subjective good-faith belief as to the propriety of his ... inquiry is whether, on an objective basis, the police officer's actions were proper. Finally, a police officer's subjective good faith belief may not constitute a defense ...

docket:	a-72-03
court:	njsupreme
decided:	2005-04-12
status:
citation:	*CITE_PENDING*
Document Size:	67192

59 STATE OF NEW JERSEY v. RILEY K. JEFFERSON -- rank: 752

... 44 N.J. 151 , 163 (1965), cert. denied , 384 U.S. 1021 , 86 S. Ct. 1929 , 16 L. Ed.2d 1022 (1966). In this case, the trial court's findings of fact are well-supported by the evidential record ... which defendant Jefferson and his family lived. According to defendant's testimony, he had recently arrived home from visiting relatives in ... and came downstairs. The police witnesses testified they saw defendant's head and shoulder at the front door peering out. ...

docket:	a1945-06
court:	superior court appellate division
decided:	2010-05-21
status:	published
citation:	413 N.J. Super. 344 994 A.2d 1067
Document Size:	75496

60 DONALD C. BAYER, JR v. TOWNSHIP OF UNION, NEW JERSEY OFFICER CHRISTOPHER DONNELLY OFFICER ROBERT DONNELLY, III OFFICER EDWARD KOSTER, OFFICER THOMAS OLLEMAR, OFFICER CARLOS TURNER, SERGEANT MARC A. BRUNO SERGEANT J. DILGINIS, SERGEANT SHAWN HERRIGHTY, DETECTIVE WILLIAM FUENTES, DETECTIVE THOMAS RONAN, DETECTIVE GREGORY ROSSI, DETECTIVE LIEUTENANT RONALD BERRY and CAPTAIN EDWARD SHAPIRO - -- rank: 752

... robbery he did not commit, based on a bank teller's misidentification of him at a showup conducted by the Union ... imprisonment under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (TCA), and for violation of his constitutional rights pursuant to 42 U.S.C.A. § 1983. His TCA claims were dismissed after his ... put the money from both her drawers into the man's bag and gave it to him, he quickly left the ... returned to his car, Luis exclaimed, "Oh, my God, that's him. I can't believe you got him so quick ... her that they had found somebody that matched the robber's description, and they wanted to see if she could ...

docket:	a1482-07
court:	superior court appellate division
decided:	2010-07-07
status:	published
citation:	414 N.J. Super. 238 997 A.2d 1118
Document Size:	119423