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1636 State v. Ellen Gartland -- rank: 414

... filing of her petition for certification renders her appeal moot; (2) whether the trial court erred in instructing the jury that ... of a dead defendant is rarely exercised. (pp. 5-9) 2. New Jersey is among the minority of jurisdictions that impose ... Assistant Deputy Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Catherine A. Foddai , Deputy Attorney General ... should be dismissed because it became moot upon her death; (2) whether the trial court erred in instructing the jury under ... Pending Appeal in Wisconsin -- The Appeal Survives , 1 989 Wis. L. Rev. 811, Lynne J. Splitek sets forth the prevailing American ... States , 423 U.S. 325 , 96 S. Ct. 579 , 46 L. Ed.2d 531 (1976), the United States Supreme Court ...

docket:	a-80-96
court:	njsupreme
decided:	1997-06-19
status:
citation:	149 N.J. 456
Document Size:	60820

1637 STATE OF NEW JERSEY VS MANUEL JENKINS -- rank: 412

... Assistant Deputy         Public Defender, argued the cause for         appellant (Susan L. Reisner, Public         Defender, attorney; Ms. Turner, of         counsel and on ... 2C:5-1 and N.J.S.A. 2C:18-2. The trial court, based on the proofs before the jury ... U.S. 610 , 619, 96 S. Ct. 2240 , 2245, 49 L. Ed.2d 91 , 98 (1976) held that "the use for impeachment ... at 617-18, 96 S. Ct. at 2244-45, 49 L. Ed. 2d at 97-98 (footnotes and citations omitted).]     An ...

docket:	a6664-94
court:	njappellate
decided:	1997-03-21
status:	published
citation:	299 N.J.Super. 61
Document Size:	41686

1638 VRG CORPORATION V. GKN REALTY CORPORATION -- rank: 412

... for the payment of VRG's commissions. (pp. 9-17) 2.    There is no basis for the imposition of an equitable ... Plaintiff-Respondent,         v. GKN REALTY CORP. and HEATHER CROFT ASSOCIATES, L.P.,     Defendants-Appellants,      and GOLDEN REEF CORPORATION, PERLMAN ENTERPRISES, INC ... Treatise on Equity Jurisprudence § 1234, at 695 (Spencer W. Symons ed., 5th ed. 1941); see Bergen Co. Welf. Bd. v. Gross , 96 N ... to be, and ought to have been, done." Rutherford Nat'l Bank v. H.R. Bogle Co. , 114 N.J. Eq. 571 (Ch. 1933); see Hadley v. Passaic Nat'l Bank , 113 N.J. Eq. 548 , 551 (Ch. 1933).      ...

docket:	a-31-93
court:
decided:	1994-05-18
status:
citation:	135 N.J. 539
Document Size:	87753

1639 State v. Amir Randolph -- rank: 412

... as a supplement to its standing rule. (pp. 16-20) 2. The automatic standing rule, however, is subject to reasonable exceptions ... proceedings consistent with this opinion. CHIEF JUSTICE RABNER and JUSTICES L a Vecchia , PATTERSON, FERNANDEZ-VINA, SOLOMON, and TIMPONE join in ... amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney; Mr. Shalom , Mr. Barocas , and Jeanne ... s request to call Detective Matthew Stambuli as a witness. 2 The defense then rested. The prosecutor argued that the warrantless ... U.S. 83 , 93, 100 S. Ct. 2547 , 2553, 65 L. Ed.2d 619 , 629 (1980)). We explained in Alston , supra , ...

docket:	A-70-15
court:	NJ Supreme Court
decided:	2017-05-03
status:
citation:	228 N.J. 566 159 A.3d 394
Document Size:	91767

1640 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.R. -- rank: 412

... terminated in the same judgment, which she has not appealed. 2 In this appeal, defendant argues the Division failed to prove ... by the Court in In re Adoption of Children by L.A.S. , 134 N.J. 127 (1993), for applying the ... her life, defendant had no meaningful relationship with Anna; and (2) at the time of trial, Anna had only lived briefly ... S. 745 , 753, 102 S. Ct. 1388 , 1394-95, 71 L. Ed.2d 599 , 606 (1982). However, these constitutional protections may be ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a3719-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-18
status:	unpublished
citation:
Document Size:	55345

1641 STATE OF NEW JERSEY v. RAFAEL BAEZ -- rank: 412

... 05T4 (Alan I. Smith, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent, State of New ... Harkov, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent, State of New ... degree charge of burglary, N.J.S.A. 2C:18-2 (count one), and convicted on charges of fourth-degree theft ... s sentence. On January 9, 2006, Fernandez received oral Hudson 2 warnings and signed a waiver containing those warnings. Nonetheless, he ... any information about the race of the suspects. At about 2 p.m. during this assignment, Detective Von Schalscha observed a ... denied , 414 U.S. 876 , 94 S. Ct. 83 , 38 L. Ed.2d 121 (1973). We review his decision to ...

docket:	a0105-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-29
status:	unpublished
citation:
Document Size:	45056

1642 STATE OF NEW JERSEY v. PAOLA D'OTTAVIO -- rank: 412

... prescription drug, Hydrocodone, by fabricating "phone-in" prescriptions between January 2, 2004 and June 5, 2005. A jury found defendant guilty ... third-degree range, N.J.S.A. 2C:44-1f(2). Accordingly, the judge imposed the minimum term of imprisonment, five ... second-degree crime. N.J.S.A. 2C:43-6a(2). In addition, the judge sentenced defendant to a consecutive minimum ... ENTITLED TO A [NEW] TRIAL PURSUANT TO RULE 3:20. 2 V. THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S MOTION FOR ... of facts supporting a lesser-included charge. State v. Sloane , 111 N.J. 293, 303 (1988) . . . . Only if the record clearly ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004).] [ State v. Denofa , 187 N. ...

docket:	a0289-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-18
status:	unpublished
citation:
Document Size:	33025

1643 GERALD COHEN v. COMMUNITY MEDICAL CENTER, et al. -- rank: 412

... the Superior Court of New Jersey, Law Division, Ocean County, L-818-99. Brian D. Drazin argued the cause for appellant ... about it. The court agreed "to do whatever counsel want[ed]." Plaintiff's counsel, however, remained steadfast in his position that ... the court question jurors about whether they had been expos ed to media coverage during the recess. The judge declined to ... S. 539 , 565, 96 S. Ct. 2791 , 2805-06, 49 L. Ed.2d 683 , 701 (1976)). In addition, a trial judge cannot ... avoided by the exercise of ordinary care. Ostrowski v. Azzara , 111 N.J. 429 , 437, 446-47 (1988). The doctrine " ...

docket:	a4499-02
court:	njappellate
decided:	2006-06-30
status:	published
citation:	*CITE_PENDING*
Document Size:	67429

1644 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.P.T and J.R.W -- rank: 412

... under Rule 1:38-3(d)(12). A-2976-21 2 defendant's parental rights is in Jack's best interests ... protection plan requiring supervision of Yolanda's contact with Jack. 2 Yolanda's mother advised the Division she could no longer ... placing the child with his maternal aunt, Yvonne, who has 2 Yolanda continued to test positive for PCP through January 2019 ... be referred for an evaluation to determine if he need ed substance abuse treatment. 3 A 'Dodd removal' is an emergency ... hearing, but 'grew impatient and frustrated' because the hearing 'start[ed] late.' He spoke to someone on the phone, stating he ... building or were informed defendant was not present. On April 2, 2019, a caseworker traveled to defendant's mother's ...

docket:	a2976-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	48745

1645 STATE OF NEW JERSEY v. JOHN ALEXANDER -- rank: 412

... Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Bethany L. Deal, Assistant Prosecutor, on the brief). PER CURIAM Defendant appeals ... reflect that the sanction be imposed pursuant to Rule 1:2-4(a). On July 23, 2009, defendant received a ticket ... May 17, 2010. The court scheduled the matter for June 2, 2010, and then rescheduled for June 28, 2010. On June ... the JOC for contempt pursuant to Rule 1:10-1. 2 On appeal, defendant argues that there is insufficient evidence in ... we may enter any order that we deem just. R. 2:10-4; Amoresano v. Laufgas , 171 N.J. 532 , 560 ... frivolous, or clearly inadequate." In re Yengo , 84 N.J. 111 , 126-27 (1980), cert. denied , 449 U.S. 1124 , ...

docket:	a4075-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-12
status:	unpublished
citation:
Document Size:	19274

1646 JOHNSON & JOHNSON PHARMACEUTICAL CO. V. AETNA CASUALTY CO. -- rank: 412

... denied , 469 U.S. 965 , 105 S.Ct. 365 , 83 L.Ed.2d 301 (1984); Racer v. Utterman , 629 S.W.2d ... denied , 459 U.S. 803 , 103 S.Ct. 26 , 74 L.Ed.2d 42 (1982). In Wooderson , supra , 681 P. 2d at ... others from like conduct .         [Emphasis added.] The jury awarded plaintiff $2 million in compensatory damages and $2.75 million in punitive damages. The Kansas Supreme Court ...

docket:	a182-94
court:	njappellate
decided:	1995-12-11
status:	published published
citation:	285 N.J.Super. 575
Document Size:	38228

1647 DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.W IN THE KINSHIP MATTER OF R.H., JR J.M.H. AND D.J.H, minors -- rank: 412

... and son, D.J.H. (Dan), 1 born in 2000. 2 Three previous motions filed by defendant seeking this relief were ... with them because she did not "feel that [she] need[ed] to." V.K. testified that P.W. had only asked ... discretion of the minors)." The Division's expert, Mark Singer, Ed. D., conducted a psychological evaluation of P.W. and bonding ... bonding evaluation with their current caregiver [S.K.] should occur. 2. [The Division] must insure that [P.W.'s husband] is ... relapse. Combined with her maintaining a stable relationship, this "suggest[ed] that the impediments that resulted in the loss of custody ... child by the court[.]" N.J.S.A. 3B:12A-2. The kinship legal guardian receives the same rights, authority, ...

docket:	a0442-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	46509

1648 GINO S. RAMUNDO v. RITA RAMUNDO -- rank: 412

... D'Amato, Beane & Buckner P.A., attorneys for respondent (Christian L. Beane, on the brief). PER CURIAM Plaintiff Gino S. Ramundo ... another extension of discovery. In accordance with [ Rule ] 4:23-2, I am going to limit plaintiff's participation at trial ... frame, and four of them had revenue of about $1.2 million. Reck also used two other databases, Biz Comps and ... defendant did produce, Reck was unable to account for approximately $2,779,566 to $5,822,109 in missing investment funds ... give rise to the appearance of impropriety, contrary to Canon 2. Judges routinely preside over matters where negative information about one ... does not warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). IV. Plaintiff contends both ...

docket:	a4729-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-24
status:	unpublished
citation:
Document Size:	81442

1649 STATE OF NEW JERSEY v. MALIK NELSON -- rank: 412

... 36, 53-54, 124 S. Ct. 1354 , 1365-66, 158 L. Ed.2d 177 , 194 (2004). Scurry's counsel argued that Scurry ... U.S. 1, 21, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968). New Jersey adopted the Terry standard ... U.S. 213 , 238, 103 S. Ct. 2317 , 2332, 76 L. Ed.2d 527 , 548 (1983)). Finally, the reasonableness of the ...

docket:	a5050-06
court:	njappellate
decided:	2009-02-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49372

1650 STATE OF NEW JERSEY v. KENNETH WICKLIFF -- rank: 412

... the crime charged. Cannel, New Jersey Criminal Code Annotated , Comment 2 on N.J.S.A. 2C:2-4 (2005). In Sexton , supra , the Supreme Court concluded that ... to conform the language of N.J.S.A. 2C:2-2, excusable only under the narrow terms available under subsection (c) of N.J.S.A. 2:2-4, and a mistake as to some external body ...

docket:	A0142-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-17
status:	published
citation:
Document Size:	47972