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166 STATE OF NEW JERSEY v. SILAS QUIXAL -- rank: 692

... No. 06-11-02010. Silas Quixal, appellant pro se. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... J.A.D. Defendant Silas Quixal appeals from the April 2, 2012 order denying his second petition for post-conviction relief ... six-year-old child, N.J.S.A. 2C:14-2(a)(1), and various other related charges. He was sentenced ... Early Release Act, N.J.S.A. 2C:43-7.2. In an unpublished opinion we affirmed his conviction, indicating that ... pointing to her vaginal area. Subsequent forensic testing confirmed DNA 2 on the victim's underwear that matched defendant's DNA ... was not well-educated, his first petition was "improperly fil[ed]." The judge denied this second PCR petition because he ...

docket:	a4692-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-01
status:	published
citation:	431 N.J.Super. 502 70 A.3d 749
Document Size:	42277

167 Tammy S. Blakey v. Continental Airlines, Inc., et als. -- rank: 692

... Continental Airlines, Inc., et als. (A-5-99) Argued February 2, 2000 -- Decided June 1, 2000 O'HERN , J., writing for ... outside of the workplace can be actionable. (pp. 20-22) 2. An employer who fails to prevent and promptly correct offending ... s operations so as to provide a benefit to it; (2) the employer had notice of the conduct; and (3) the ... STEVE ABDU and JOHN DOES (1-100),     Defendants. Argued February 2, 2000-- Decided June 1, 2000 On certification to the Superior ... employees are not harassing one another?” See footnote 1 1 2. May “a Continental pilot living in Seattle, based out of ... network because Continental was headquartered in New Jersey?” See footnote 2 2     The answers to those questions are easy. The ...

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

168 STATE OF NEW JERSEY IN THE INTEREST OF A.R., a minor -- rank: 692

... Washington , 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004), and its progeny. Appellant contends that he ... S. 813 , 822, 126 S. Ct. 2266 , 2273-74, 165 L. Ed.2d 224 , 237 (2006). Here, the circumstances reflect that the ... second-degree sexual assault, N.J.S.A. 2C:14-2(b). The State moved to admit J.C.'s statements ... years hearsay exception, N.J.R.E. 803(c)(27). 2 The defense filed opposition, and the assigned Family Part ...

docket:	a2238-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	published
citation:	447 N.J.Super. 485 149 A.3d 297
Document Size:	121747

169 THOMAS B. DUFFY v. THE HON. VALERIE H. ARMSTRONG A.J.S.C. -- rank: 692

... dismissed all of his claims pursuant to Rule 4:6-2(e) and closed his case without granting him leave to ... as pro bono counsel in the Margate Municipal Court and (2) when he sought to have his resume included in the ... to be relieved as counsel pursuant to Rule 1:11-2 and Rule 7:7-2(a), Duffy wrote a letter to defendant Assignment Judge Valerie H. Armstrong on April 2, 2004, complaining about his pro bono assignment and about the ... no longer C.G.'s attorney. See R. 7:3-2(b). C. On August 25, 2005, due to the ...

docket:	a1285-07
court:	superior court appellate division
decided:	2010-01-13
status:	unpublished
citation:
Document Size:	151284

170 State v. Roosevelt Grey -- rank: 690

... be the result of leniency or nullification. (pp. 6-9) 2. The Dunn / Powell rule, however, applies only when the reason ... Division, whose opinion is reported at 281 N.J. Super . 2 (1995). Mark H. Friedman , Assistant Deputy Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Marcy H. Geraci , Deputy Attorney General ... is not permitted on that basis. 281 N.J. Super. 2 (App. Div. 1995). We granted defendant's petition for certification ... States , 284 U.S. 390 , 52 S. Ct. 189 , 76 L. Ed. 356 (1932), the government charged Dunn with (1) maintaining ...

docket:	a-1-96
court:	njsupreme
decided:	1996-12-11
status:
citation:	147 N.J. 4
Document Size:	101068

171 /usr/local/share/www/libweb/collections/courts/supreme/a2182-14.opn.html -- rank: 690

... provocation manslaughter, N.J.S.A. 2C:11-4(b)(2) as a lesser-included offense of murder (count one); second ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count four); and a second-degree "certain persons" weapons ... period pursuant to N.J.S.A. 2C:43-7.2, a four-year concurrent flat sentence on count four, and ... Arizona , 451 U.S. 477, 101 S. Ct. 1880, 68 L. Ed. 2d 378 (1981), and other case law that substantially restricts ... walking ahead of him. He saw Miller "tussling with somebody," 2 and then heard a gunshot. Bailey then saw Miller ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	115996

172 Board of Trustees of Operating Engineers Local 825 v. L.B.S. Construction Co. -- rank: 687

... summarized). Board of Trustees of Operating Engineers Local 825 v. L.B.S. Construction Co. (A-72-96) and Board of ... found State laws to survive ERISA preemption. (pp. 6-9). 2. There is a trend in recent federal precedent that has ... LOCAL 825 FUND SERVICE FACILITIES,     Plaintiff-Respondent,         v.                                (A-72) L.B.S. CONSTRUCTION CO., INC.; and "A" COMPANY,; AND "B ... First Indemnity     Local 825 had a collective bargaining agreement with L.B.S. Construction Co., Inc. (LBS) similar to that which ... denied , 479 U.S. 820 , 107 S. Ct. 84 , 93 L. Ed.2d 38 (1986). Congress enacted ERISA in 1974 "to ...

docket:	a-72-96
court:	njsupreme
decided:	1997-04-09
status:
citation:	148 N.J. 561
Document Size:	60106

173 JOSEPH A. QUIGLEY v. KPMG PEAT MARWICK, LLP., -- rank: 687

... and by "invoking the litigation machinery of the court," and (2) plaintiff did not knowingly and voluntarily waive his right to ... the revocation of [the] contract." 500 U.S. 20 , 23, 111 S.Ct. 1647 , 1650, 114 L.Ed.2d 26 , 35 (1991), the Court held that plaintiff's ... claim would be heard. Id. at 500 U.S. 26 , 111 S.Ct. at 1651, 114 L.Ed. 2d at 37.     The Court scrutinized the ADEA ...

docket:	a2900-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:	<a href=
Document Size:	59951

174 Trantino v. New Jersey State Parole Board -- rank: 687

... or implied legislative policy (did the agency follow the law?); (2) whether the record contains substantial evidence to support the findings ... second prong of that three-part standard. (Pp. 87-92) 2. The Board's heavy reliance on Trantino's inconsistent testimony ... J. 358 (1965), cert. denied , 382 U.S. 993 , 15 L. Ed.2d 479 , 86 S. Ct. 573 (1966), reh'g. denied , 383 U.S. 922 , 15 L. Ed.2d 679 , 86 S. Ct. 901 (1966). In 1982, ...

docket:	a-136-99
court:	njsupreme
decided:	2001-01-18
status:
citation:	166 N.J. 113
Document Size:	293689

175 State of New Jersey v. Michael W. Lamb -- rank: 687

... of the law, which is reviewed de novo. (p. 14) 2. Under the automatic standing rule, virtually all defendants are permitted ... 2014 On certification to the Superior Court, Appellate Division. Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ... v. California , 571 U.S. ___, 134 S. Ct. 1126 , 188 L. Ed.2d 25 (2014). Furthermore, the initial opposition expressed by defendantâ ... Randolph , 547 U.S.  103, 126 S. Ct.  1515, 164 L. Ed.2d 208 (2006). Defendant maintains that there is a ...

docket:	A-37-12
court:	NJ Supreme Court
decided:	2014-05-19
status:
citation:	218 N.J. 300 95 A.3d 123
Document Size:	80963

176 Ellen Nobrega et als. v. Edison Glen Associates, et als. -- rank: 685

... contract within five days after its execution. (pp. 7-10) 2. Although the Disclosure Act provides that a seller has discharged ... statutory claims is clear. (pp. 10-13) 3. Because Sections 2, 10(a), 10(b), and 10(d) of the Disclosure ... Law Division on the basis of a Rule 4:6-2(e) motion to dismiss that was converted into a motion for summary judgment, Rule 4:46-2, by the submission of certifications, with the result that the ... of any . . . real estate.” N.J.S.A . 56:8- 2.     In Strawn , Justice O'Hern, writing for a unanimous Court ... after we decided Strawn , the Legislature enacted the Disclosure Act. L. 1995, c. 253 (eff. Sept. 12, 1995). Section 2 ...

docket:	a-130-99
court:	njsupreme
decided:	2001-05-22
status:
citation:	167 N.J. 520
Document Size:	77430

177 STATE OF NEW JERSEY IN THE INTEREST OF L.R. -- rank: 685

... 03T43397-03T4 STATE OF NEW JERSEY IN THE INTEREST OF L.R., Juvenile-Appellant. __________________________________ Submitted December 5, 2005 - Decided January 30 ... the Cumberland County Prosecutor's Office filed juvenile complaints charging L.R., K.W., and R.N. with acts which, if ... disposition was for a third-degree offense, the judge ordered L.R. to provide a DNA sample. Reserving his right to ... requirement, the following colloquy took place between the judge and L.R.'s counsel, culminating in the granting of L.R.'s request for a stay of the order requiring ... will have to be fingerprinted and have a DNA sample? [L.R.] Yes. THE COURT: Does that change your mind ...

docket:	a3397-03
court:	njappellate
decided:	2006-01-30
status:	published
citation:	*CITE_PENDING*
Document Size:	82428

178 EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT -- rank: 685

... Court of New Jersey, Law Division, Essex County, Docket No. L-1745-11. John M. Bowens argued the cause for appellant ... told him: "I know the guy. I know him as Ed" and he was in the pictures. Prachar did not reference ... driving the car that night and that his name was "Ed." However, on cross-examination, he stated that the first time she identified the driver as "Ed" was at the second photo display. Prachar also admitted that ... went on to state that she knew the male as "Ed" and was previously in a relationship with him for approximately ... years. Due to the intimate relationship the witness had with "Ed" and her past experiences with him, she was in ...

docket:	a1589-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-11
status:	unpublished
citation:
Document Size:	106366

179 State v. Hector Feliciano -- rank: 685

... k/a Hector Feleciano) (A-24-14) (074395) Argued December 2, 2015 -- Decided March 9, 2016 RABNER, C.J., writing for ... a judge, N.J.S.A. 2A:156A-9(g)(2). N.J.S.A. 2C:35-3. Defendant was also ... N.J. Const. art. I, ¶ 7. (pp. 16-18) 2. The Fourth Amendment governs electronic interception of phone conversations. In ... judgment of the Appellate Division is AFFIRMED AS MODIFIED . JUSTICES L a Vecchia , ALBIN, PATTERSON, and SOLOMON, and JUDGE CUFF (temporarily ... FELICIANO (a/k/a HECTOR FELECIANO), Defendant-Appellant. Argued December 2, 2015 – Decided March 9, 2016 On certification to the ... amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney). CHIEF JUSTICE RABNER delivered the ...

docket:	A-24-14
court:	NJ Supreme Court
decided:	2014-03-09
status:
citation:	224 N.J. 351 132 A.3d 1245
Document Size:	114736

180 WHIRLPOOL PROPERTIES, INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 682

... brief; Mitchell A. Newmark (Morrison & Foerster), on the brief). Peter L. Faber (McDermott Will & Emery) of the New York bar, admitted ... the Legislature added the "Throwout Rule" to the statutory scheme. L. 2002, c. 40, § 8. It addressed what the Legislature ... shall be excluded from the denominator of the sales fraction. [ L. 2002, c. 40, § 8.] Thus, the formula was altered ... after the date of the operative facts in these cases. 2 This decision by the Legislature plays no role in this ... s legal conclusions or the Division of Taxation's interpretations;" (2) "the Tax Court erred when it applied the wrong standard ... the legal consequences that flow from established facts. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a1180-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-12
status:	Published
citation:
Document Size:	47532