Search Rutgers Law Library N.J. Court Opinions

2146 STATE OF NEW JERSEY v. JAMES R. STEWART -- rank: 362

... JAMES R. STEWART, Defendant-Appellant. ___________________________ December 13, 2016 Submitted November 2, 2016 – Decided Before Judges Accurso and Higbee. On appeal ... Early Release Act, N.J.S.A. 2C:43-7.2. The judgment of conviction reflects the judge's consent to ... and unarmed robbery, N.J.S.A. 2C:15-1a(2). The jury convicted defendant of armed robbery of the gas ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). It is axiomatic that "[n]o defendant should be convicted ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). When a defendant requests a ...

docket:	a4991-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-13
status:	unpublished
citation:
Document Size:	34176

2147 Maria Perreira and Luciano Perreira v. Michael C. Rediger et als. -- rank: 362

... payment from such other sources was inadmissible. (Pp. 7-9) 2. In the early to mid-1980's, state legislatures began ... the Collateral Source Rule: A Good Bet? , 22 U. Tol. L. Rev. 39, 40 (1990)(citing The Propeller Monticello v. Mollison ... evidence. Ibid.     According to the Restatement (Second) of Torts § 920A(2) (1977), under the collateral source rule, payments made to an ... and a Proposal for Practical Application , 47 Case W. Res. L. Rev. 1075, 1080 (1997). Indeed, in 1986, a report commissioned ... legislative initiatives. Christian D. Saine, supra , 47 Case W. Res. L. Rev. at 1075. No universal approach was adopted in all ... 070(a)(Michie 1998); Colo. Rev. Stat. Ann. § 13-21-111.6 (West 2001); Conn. Gen. Stat. Ann. § 52-225a ( ...

docket:	a-145-99
court:	njsupreme
decided:	2001-06-26
status:
citation:	169 N.J. 399
Document Size:	57039

2148 Roy Steinberg, Ph.D. v. Sahara Sam’s Oasis, LLC -- rank: 362

... and the precautions he should have taken to avoid injury. 2 In February 2009 , one month before the FlowRider opened to ... in a common-law cause of action. (pp. 18-21) 2. Certain regulations promulgated under the Safety Act are intended to ... for proceedings consistent with this opinion. CHIEF JUSTICE RABNER; JUSTICES L a Vecchia , PATTERSON, FERNANDEZ-VINA, and SOLOMON; and JUDGE CUFF ... Sahara Sam’s. 1 Plaintiff’s wife, Tami Bogutz-Steinberg, 2 filed a consortium claim. Both are seeking monetary damages. Sahara ... material fact on his claim of gross negligence. See R. 2:2-1(a)(2). We also granted plaintiff’s petition ...

docket:	a-41-14
court:	New Jersey Supreme Court
decided:	2016-08-23
status:
citation:
Document Size:	84462

2149 STATE OF NEW JERSEY v. PRISCILLA STAFFORD -- rank: 362

... at 365 N.J. Super. 6 or 837 A.2d 111. (NOTE: The status of this decision is Published .) (NOTE: This ... was imposed, together with court costs of $30 and a $2 ACS assessment.     Defendant appeals, raising these arguments: POINT ONE SPARTA ... Stafford upon the requisite findings of probable cause. R. 7:2-2(a)(1).     Complaint No. 5208 alleged violation of "Sparta Twsp ... the ordinance authorized by N.J.S.A. 40:48-2 and N.J.S.A. 40:49-5 (penalty provisions ... 1.3, 11-1.4, 11-5.1, 11-5.2 and 11-5.3. See footnote 2 During the ...

docket:	A1564-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-15
status:	published
citation:	365 N.J. Super. 6 837 A.2d 111
Document Size:	28138

2150 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 362

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4), and third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-2(a)(4). The State voluntarily dismissed an additional count that ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The sentence was to run consecutively to a sentence defendant ... to be used for impeachment, if defendant chose to testify. 2 As we have already noted, defendant elected to testify. On ... for defendant to be brought on March 20, 2012 at 2:30 a.m. from the Passaic County Jail to the ... statement[s] occurred, and the reasons given, if any, therefore." 2. On appeal, defendant urges that the State was improperly ...

docket:	a1518-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	74630

2151 STATE OF NEW JERSEY v. LESTER R. JONES -- rank: 359

... Law Division, Somerset County, Indictment No. 10-05-0286. Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant ... attorney; Mr. Wilensky, of counsel and on the brief). James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... facilities, N.J.S.A. 2A:159A-3(d); and (2) require that all pending charges against an inmate be resolved ... another State." New York v. Hill , 528 U.S. 110, 111, 129 S. Ct. 659 , 662, 145 L. Ed.2d 560 , 564 (2000). Its purpose is "to encourage ...

docket:	a3072-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	unpublished
citation:
Document Size:	24926

2152 STATE OF NEW JERSEY v. R.R. -- rank: 359

... Vincent Molitor, Assistant Prosecutor, argued the cause for appellant (Robert L. Taylor, Jr., Cape May County Prosecutor, attorney; Mr. Molitor, on ... contrary to N.J.S.A. 2C:12-1(c)(2). The State argues that the motion judge erred by ordering ... We agree and reverse. The evidence reflects that, at approximately 2:30 a.m. on May 25, 2009, R.R. was ... R.R. to police headquarters where he waived his Miranda 2 rights and gave a statement. R.R. explained he had ... auto under N.J.S.A. 2C:12-1(c)(2). R.R. entered a plea of not guilty, and filed ... argument to four points: (1) the victim suffered serious injury; (2) an example should be set by prosecuting a defendant ...

docket:	a1245-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	41341

2153 KEVIN FAY v. BELMAR ZONING BOARD OF ADJUSTMENT -- rank: 359

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3606-06. Shamy, Shipers & Lonski, P.C., attorneys for appellant ... each front yard where 20 feet was required, a 28.2-foot rear yard where 35 feet was required, and a ... would maintain the 3.3 feet side yard and 28.2 feet rear yard setbacks of the existing single-family house ... of the house to be "set back, in a stagger[ed] fashion, so as to minimize the 'massing' affect of the ... the ability of the parties to see or effect their [l]ight and air." He found that the design as allowed ... variances whether analyzed as c(1), 335 N.J. Super. 111, 120 (App. Div. 2000). A board's decision is ...

docket:	a4695-06
court:	njappellate
decided:	2008-05-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51320

2154 STATE OF NEW JERSEY v. MARK HUERTAS -- rank: 359

... any special deference[,]' and are therefore 'reviewed de novo.' Ibid. 2 A-4543-15T4 The Law Division judge found Wanaque Borough ... operator's 'driving [was] erratic' and that the driver 'fail[ed] to maintain a lane.' The judge credited evidence that Spillane ... denied, 556 U.S. 1237, 129 S. Ct. 2402, 173 L. Ed. 2d 1297 (2009). Police officers are permitted to stop an ... denied, 537 U.S. 850, 123 S. Ct. 194, 154 L. Ed. 2d 81 (2002)). 4 A-4543-15T4 The call ...

docket:	a4543-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	unpublished
citation:
Document Size:	23813

2155 STATE OF NEW JERSEY v. JEROME D. BROOKS -- rank: 359

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... denied , 364 U.S. 936 , 81 S. Ct. 383 , 5 L. Ed.2d 367 (1961)); State v. Johnson , 42 N.J. 146 ... charge was "clearly capable of producing an unjust result . . . ." R. 2:10-2. The trial judge instructed the jury that "for a defendant ... Once again, these contentions are raised as plain error. R. 2:10-2. First, regarding the felony murder charge in ...

docket:	a4760-06
court:	superior court appellate division
decided:	2009-10-22
status:	unpublished
citation:
Document Size:	41352

2156 IN THE MATTER OF THE LIQUIDATION OF INTEGRITY INSURANCE COMPANY THE CLASS/ROBERT A KEASBEY COMPANY -- rank: 359

... Bergen County, Docket No. C-0063-03. Richard Shore (Gilbert L.L.P.) of the D.C. Bar, admitted pro hac vice ... as Liquidator of Integrity Insurance Company (Mazie Slater Katz & Freeman, L.L.C., attorneys; Mr. Freeman, of counsel; Mr. Freeman and John ... J.S.A. 17:30C-28a. Id. at 95 n.2. In barring first-party contingent claims, the Court stated: Because ... judgment upon such cause of action against such insured; and (2) If such person shall furnish suitable proof, unless the ...

docket:	a4769-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	44215

2157 S. MOUNTAIN HILL, LLC v. MIDDLETOWN TOWNSHIP -- rank: 359

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3991-01 and L-3938-01.         Bernard M. Reilly argued the cause for appellant ... to the proposed ordinance. At the public hearing on July 2, 2001, the Township's attorney announced that one of the ... point on appeal:         ORDINANCE 2001-2644 WAS VALIDLY ADOPTED BY 2/3 OF THE MEMBERS OF THE GOVERNING BODY.      We concur ... by use of the expression "full authorized membership." See footnote 2 2 Because these sections require enhanced majority votes, as does ...

docket:	A2637-01
court:	NJ Superior Court Appellate Division
decided:	2002-07-05
status:	published
citation:
Document Size:	28180

2158 STATE OF NEW JERSEY v. DOUGLAS FARMER -- rank: 359

... who the trial judge himself had previously sentenced to prison," (2) the trial judge "impermissibly intruded on the deliberations of the ... clearly without merit and warrant only the following discussion. R. 2:11-3(e)(2). I.     The proofs adduced at trial revealed that on October ... denied , 493 U.S. 936 , 110 S. Ct. 330 , 107 L. Ed.2d 320 (1989); State v. Valencia , 93 N.J. 126 ... Matlock , 415 U.S. 164 , 94 S. Ct. 988 , 39 L. Ed.2d 242 (1974); State v. Maristany , 133 N. ...

docket:	A2171-01
court:	NJ Superior Court Appellate Division
decided:	2004-01-28
status:	published
citation:	366 N.J. Super. 307 841 A.2d 420
Document Size:	37918

2159 DIVISION OF YOUTH AND FAMILY SERVICES v. M.M. -- rank: 359

... S. and K.S., minors. ___________________________________ April 23, 2009 Argued March 2, 2009 - Decided Before Judges Carchman and Sabatino. On appeal from ... of an open container, and driving with a cancelled license. 2 M.S. was subsequently convicted in 2006 of aggravated battery ... M.M. and was "protective of the children." On March 2, 2006, M.M. was arrested for assaulting W.R., following ... M.S. that "both of his concerns will be discuss[ed] with the DAG [Deputy Attorney General] and he will receive ... provided proof that he had attended therapy sessions from November 2, 2007 through March 14, 2008, and that he was scheduled ... agreed to schedule an evaluation with Dr. Figurelli for April 2, 2008. The trial court stressed that this would be ...

docket:	a5291-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-23
status:	Published
citation:
Document Size:	93536

2160 STATE OF NEW JERSEY v. IRVIN J. FRAZIER -- rank: 359

... In support of the PCR application, the Law Division judge 2 was provided with a ten-page evaluation dated February 19 ... 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. Defendant argues that his trial attorney ...

docket:	a2195-07
court:	superior court appellate division
decided:	2010-11-09
status:	unpublished
citation:
Document Size:	27566