Search Rutgers Law Library N.J. Court Opinions

1621 STATE OF NEW JERSEY v. HENRY TORRES -- rank: 414

... to the Hillside Police Department where he waived his Miranda 2 rights, confessed to selling cocaine, and told the police he ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation of that ... by demonstrating that: (1) counsel's performance was deficient, and (2) the deficient performance actually prejudiced the accused's defense. Ibid ... U.S. at 690, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695. Whether a hearing on an ineffective ...

docket:	a5029-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	21229

1622 STATE OF NEW JERSEY v. WALTER R. KAWKO, IV -- rank: 414

... the State failed to (1) provide complete electronic data files; (2) use an Ertco-Hart digital thermometer during calibration; and (3 ... denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the State must disclose twelve "foundational" documents ... and the credentials of the operator who performed that change; (2) Certificate of Analysis for the 0.10 percent solution used ... and the credentials of the coordinator who performed the calibration; (2) the most recent New Standard Solution Report prior to a ... U.S. 538 , 539, 109 S. Ct. 1289 , 1291, 103 L. Ed.2d 550 , 554 (1989), the United States Supreme ...

docket:	a5391-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	22799

1623 STATE OF NEW JERSEY v. KHALIF MCKINNON -- rank: 414

... in the second degree, N.J.S.A. 2C:5-2 and 2C:11-3; first-degree purposeful and knowing murder ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). A request to charge a lesser-related ... N.J. Super. 231, 242-43 (App. Div.), certif. denied , 111 N.J. 653 (1988) , two cases in which we concluded ... notice and an opportunity to be heard on those charges; 2) because aggravated assault is not a lesser-included offense of ... the jury. In relevant part, N.J.S.A. 2C:2-3 provides, a. Conduct is the cause of a ...

docket:	a4152-05
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65998

1624 STATE OF NEW JERSEY v. CHARLES PARKER -- rank: 414

... Defendant-Appellant. ________________________________ Submitted: December 17, 2008 - Decided: Before Judges C.L. Miniman and King. On appeal from the Superior Court of ... Paula T. Dow, Essex County Prosecutor, attorney for respondent (Luanh L. Lloyd, Assistant Prosecutor, on the brief). PER CURIAM Defendant Charles ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the armed-robbery conviction and five concurrent years in ... relying on State v. King , 117 N.J. Super. 109 , 111 (App. Div. 1971). After the PCR judge assigned counsel, defendant ... remain silent or to testify, contrary to the above finding; (2) the Arthur decision relates only to witnesses, not defendants; (3 ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984), the U.S. Supreme ...

docket:	a3362-07
court:	njappellate
decided:	2009-01-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32815

1625 JANICE CERRA v. TOWNSHIP OF FRANKFORD LAND USE BOARD -- rank: 414

... Court of New Jersey, Law Division, Sussex County, Docket No. L-390-08. Kevin Campbell argued the cause for appellants. Michael ... respondent Township of Frankford Land Use Board (Laddey, Clark & Ryan, L.L.P., attorneys; Richard I. Clark, on the brief). PER CURIAM ... and is located in the Agricultural/Residential zone (AR Zone). 2 Sargent purchased the property in 2007 from its previous owner ... proper lanes when turning west onto Upper North Shore Road; 2) the bank/hillside in front of the applicant's lot ... Board by [Sargent and his witnesses] at the public hearing"; 2) the variance generally incorporated the 1 992 Resolution; and ...

docket:	a0496-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-22
status:	unpublished
citation:
Document Size:	54839

1626 STATE OF NEW JERSEY VS SAMUEL MONTESANO -- rank: 414

... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968). Neither the United States Constitution nor the ... U.S. 411 , 417, 101 S. Ct. 690 , 695, 66 L. Ed.2d 621 , 628 (1981)(footnote omitted). The United States Supreme ... Id. at 417-18, 101 S. Ct. at 695, 66 L. Ed. 2d at 629 (citations omitted).] The New Jersey Supreme ...

docket:	a4478-95
court:	njappellate
decided:	1997-03-17
status:	published
citation:	298 N.J.Super. 597
Document Size:	55250

1627 State v. Bennie Anderson -- rank: 414

... the Eighth Amendment or the State Constitution. (pp. 13-17) 2. For many years, the seminal case on pension forfeiture was ... receipt of a pension on the rendering of uniformly honorable 2 service. Defendant committed his offense after the 2007 amendment to ... not lose that to which one did not have a 2 right to begin with. The Appellate Division disagreed with the ... fine that was “the greatest of: (1) $250,000; (2) twice the gross amount of any pecuniary gain that any ... pursuant to N.J.S.A. 43:1-3.1. 2 2 According to the State, the federal offense of which ...

docket:	a-15-16-20
court:	NJ Supreme Court
decided:	2021-08-11
status:
citation:
Document Size:	80979

1628 STATE OF NEW JERSEY v. ROBERT E. WILLIAMS -- rank: 414

... persons who might be planning the shooting. A-4530-07T4 2 When Officer Delaprida arrived at the housing complex with his ... of 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). A-4530-07T4 4 Defendant subsequently entered ... 1994) (quoting Florida v. Bostick, 501 U.S. 429, 439, 111 S. Ct. 2382, 2389, 115 L. Ed. 2d 389, 402 (1991)). It is undisputed that defendant ...

docket:	a4530-07
court:	superior court appellate division
decided:	2009-11-23
status:	published
citation:	410 N.J. Super. 549 983 A.2d 1114
Document Size:	33929

1629 KAMIE S. KENDALL v. HOFFMAN-LA ROCHE, INC. -- rank: 414

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-8213-05. Paul W. Schmidt (Covington & Burling LLP) of the ... stimates of the incidence of Crohn's disease are approximately 2 per 100,000 population per year.[] Since introduction of [Accutane ... 31, 1997. During that period, it was estimated that 1.2 to 1.5 million patients had used Accutane, and that ... the plaintiff in McCarrell v. Hoffman-La Roche, Inc. , No. L-1951-03 (Law Div. Mar. 12, 2008), the first of ... included: (1) reference to the positive challenge/dechallenge/rechallenge events, (2) revealed the results its internal causation assessments, and (3) listed ... warnings was scientifically accurate, and that those warnings conservatively "err[ed] on the side of patient safety." With respect to ...

docket:	a2633-08
court:	superior court appellate division
decided:	2005-12-21
status:	unpublished
citation:
Document Size:	219553

1630 STATE OF NEW JERSEY v. WOOJIN HWANG -- rank: 414

... Foddai, Senior Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; AnnMarie Cozzi, Senior Assistant Prosecutor ... degree unlawful possession of credit cards, N.J.S.A. 2:21-6(c)(2) (count five) . In December 2011, Castillo pled guilty to counts ... denied , 556 U.S. 1237 , 129 S. Ct. 2402 , 173 L. Ed.2d 1297 (2009). Among the exceptions created by the United ... S. 752 , 762-63, 89 S. Ct. 2034 , 2040, 23 L. Ed.2d 685 , 694 (1969)) (overruled on other grounds ...

docket:	a2236-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-19
status:	unpublished
citation:
Document Size:	32955

1631 S. ENRON (THRACE) EXPLORATION& PRODUCTION BV et al. v. ANN. K. CLAPP, DAVID S. CLAPP and HARVEY R. CLAPP, III -- rank: 414

... of New Jersey, Law Division, Monmouth County, Docket Nos. MON-L-798-04; DJ-31866-04; DJ-31880-04. Pitney Hardin ... denied in view of the pendency of these appeals. R. 2:9-1(a). II. Defendants first argue that the appeals ... U.S. 113 , 164, 16 S. Ct. 139 , 143, 40 L. Ed. 95 , 108 (1895)). Generally the law governing the recognition of ... procedures compatible with the requirements of due process of law; (2) the foreign country court did not have personal jurisdiction over ... to follow that procedure. Id. (citing N.Y.C.P.L.R. §5303). IV. Citing Fuentes v. Shevin , 407 U. ...

docket:	A4042-03
court:	NJ Superior Court Appellate Division
decided:	2005-05-31
status:	published
citation:	378 N.J. Super. 8 874 A.2d 561
Document Size:	70406

1632 INDIAN FIELD HOMEOWNERS ASSOCIATION, INC v. MR. FRANK CICERALE -- rank: 414

... cause for respondent Frank Cicerale, Jr. (Law Offices of Clark L. Cornwell, III, and Simio & Jones, LLP, attorneys; Clark L. Cornwell, III, on the brief). Cara A. Parmigiani argued the ... Noel Lesica, on the brief). PER CURIAM A-3687-20 2 Plaintiff, Indian Field Homeowner's Association (the 'Association'), appeals from ... conveyance in the regular course of business of the last [l]ot incorporated as part of the development to an individual ... s reserved right to incorporate portions of the [a]dditional [l]ands as part of the property, whichever shall occur first ... which are not within, part of or appurtenant to the [l]ots subjected to this Declaration and which have been ...

docket:	a3687-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-09
status:	Unpublished
citation:
Document Size:	56161

1633 Zirger v. General Accident Insurance Company -- rank: 414

... Green v. Selective Insurance Co. also decided today.) Argued January 2, 1996 -- Decided June 12, 1996 STEIN, J., writing for a ... the policy included an enforceable arbitration clause. (pp. 6-13) 2. The doctrine of collateral estoppel bar the relitigation of any ... Appellant,         v. GENERAL ACCIDENT INSURANCE COMPANY,     Defendant-Respondent.         Argued January 2, 1996 -- Decided June 12, 1996 On certification to the Superior ... of an "uninsured motor vehicle" or an "underinsured motor vehicle."         2.    Any judgment for damages arising out of a "suit" brought ... coverage is statutory. Prior to the amendments enacted in 1983, L. 1983, c. 65, § 5, and L. 1983, c. 362, § 1, N.J.S.A. 17: ...

docket:	a-68-95
court:	njsupreme
decided:	1996-06-12
status:
citation:	144 N.J. 327
Document Size:	54637

1634 DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.R. -- rank: 414

... J.R., a minor. __________________________________ April 29, 2016 July 18, 2016 2 Resubmitted June 28 , 2016 – Decided Before Judges Lihotz and ... 6). Upon receipt of the judge's findings, dated June 2, 2016, the parties were permitted to file supplemental briefs. The ... review." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (quoting J.T. , supra ... of the mark that the judge was clearly mistaken." G.L. , supra , 191 N.J. at 605. However, t his court ... the legal consequences that flow from established facts[,]" Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972). Parental rights, while ...

docket:	a0054-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	37077

1635 Black Whale, Inc. v. Dir, Div of Taxation -- rank: 414

... could not be resolved by examining affidavits. R. 4:46-2 and Judson v. Peoples Bank & Trust Co. of Westfield , 17 ... pack") on which tax had not been paid or assessed, (2) Black Whale II, a boat on which tax has never ... for Black Whale IV with Trump's Castle hotel (D-2), various purchase invoices for the boats and supplies, and coast ... of a tax. (Amended by the Taxpayers' Bill of Rights, L. 1992, c. 175, §32, to provide for a four ... to be due pursuant to the provisions of section 19 2 where he has had a hearing or an opportunity for ... Corporation Business Tax N.J.S.A. 54:10A-19.2(a). 4 By the time the Division reversed its ...

docket:	00470-93
court:
decided:	1995-06-19
status:
citation:	15 N.J. Tax 338
Document Size:	87504