Search Rutgers Law Library N.J. Court Opinions

2221 STATE OF NEW JERSEY v. WILLIAM SCHADEWALD -- rank: 354

... 120 N.J. 1 , cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). During his plea colloquy, defendant acknowledged that ... for post-conviction relief (PCR) pursuant to R. 7:10-2. In Laurick , our Supreme Court addressed the issue of enhanced ... upon prior uncounseled DWI convictions. 120 N.J. at 1-2. The Court held that with the exception that a prior ... Hamlin , 407 U.S. 25 , 92 S. Ct. 2006 , 32 L. Ed.2d 530 (1972)). In Laurick , the Court established ...

docket:	A1191-06
court:	NJ Superior Court Appellate Division
decided:	1007-10-10
status:	unpublished
citation:
Document Size:	56736

2222 STATE OF NEW JERSEY v. MARCUS PETTIFORD -- rank: 354

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following issues for our consideration ... trial, because they were taken in violation of his Miranda 2 rights. At a Miranda hearing conducted by the trial judge ... 225 N.J. Super. 66 , 76 (App. Div.), certif. denied , 111 N.J. 609 (1988); R. 2:10-2. Even if the transcription was accurate, it could not have ... time did your last class let out on Friday? A 2:45. Q 2:45. And how long did the ...

docket:	a5241-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	59633

2223 /usr/local/share/www/libweb/collections/courts/appellate/a2078-14resubmit.opn.html -- rank: 354

... two and three charged both men with burglary. Count four 2 A-2078-14T3 charged defendant with murder, count five with ... 2078-14T 3 N.J.S.A. 2C:43-7.2. The first judge accepted the factual basis placed on the ... N.J.S.A. 2C:11-3(a)(1) and (2), to a sixty- year term of incarceration, with eighty-five ... DELIBERATIONS WAS IN VIOLATION OF R. 1:8-3(B)(2) AND VIOLATED DEFENDANT'S RIGHT TO A FAIR TRIAL. (Raised ... court's reasons for considering the trial evidence were flawed. 2. Out-of-state cases further demonstrate that the remand court ... defendant had previously told police, which, Dr. Simring testified, 'comport[ed] very, very closely' to other evidence in the case ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61361

2224 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE ADOPTI -- rank: 354

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-3365-15. Carl R. Woodward, III, argued the cause for ... Information, including but not limited to any communications with Burchell[ 2 ] or any draft reports from Burchell with any counsel, planner ... to be made by the judge regarding Rule 4:10 2(c), the attorney-client privilege, the work product doctrine, and ... denied , 552 U.S. 1146, 128 S. Ct. 1074, 169 L. Ed. 2d 817 (2008). A party who wishes to call an ... hardship, to obtain them by other means. R. 4:10-2(c). When an expert has been retained by an ...

docket:	a2471-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-17
status:	unpublished
citation:
Document Size:	37990

2225 WILLIE WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 354

... WILLIAMS, Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. _______________________________ February 2, 2011 Submitted December 8, 2010 - Decided Before Judges R. B ... ARTICLE I, ¶ 1, AND ARTICLE V, § II ¶ 2 OF THE NEW JERSEY CONSTITUTION. POINT II THE PAROLE BOARD ... ARTICLE I, ¶ 1, AND ARTICLE V, § II ¶ 2 OF THE NEW JERSEY CONSTITUTION. POINT III THE PAROLE BOARD ... CONSTITUTION, ARTICLE I, ¶ 1, ARTICLE V, § II ¶ 2 OF THE NEW JERSEY CONSTITUTION, AND N.J.S.A ... ARTICLE I, ¶ 1 and ARTICLE V, § II, ¶ 2 OF THE NEW JERSEY CONSTITUTION. POINT V THE ESTABLISHMENT OF ... ARTICLE I, ¶ 1 and ARTICLE V, § II, ¶ 2 OF THE NEW JERSEY CONSTITUTION. POINT VI THE THREE- ...

docket:	a1201-09
court:	superior court appellate division
decided:	2011-02-02
status:	Unpublished
citation:
Document Size:	26482

2226 STATE OF NEW JERSEY v. ANTHONY SCUDIERI -- rank: 354

... driving privileges required under the previous statute. A-0352-20 2 To provide context for our opinion, we begin with a ... apply to any offense occurring on or after that date.' L. 2019, c. 248, § 7. Consequently, the amendment became effective ... for seven months, in addition to other statutory penalties. See L. 2009, c. 201, § 5 ('[T]he municipal court shall ... defendants convicted of refusal to install an ignition interlock device. L. 2019, c. 248, § 3 (effective December 1, 2019) (The ... to the approved usage of the language.'' Finkelman v. Nat'l Football League, 236 N.J. 280, 289 (2019) (quoting N ... intent that the law apply retroactively, either expressly or implicitly; (2) when an amendment is curative; or (3) when the ...

docket:	a0352-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-01
status:	Published
citation:
Document Size:	48459

2227 STATE OF NEW JERSEY v. WAYNE TERPSTRA -- rank: 354

... in length. N.J.S.A. 39:4-50(a)(2). Penalties for third or subsequent violations include a mandatory $1000 ... 62 (App. Div.), certif. denied , 156 N.J. 386 (1998). 2 "Thus, a defendant's record of prior DWI offenses has ... was sentenced as a first-time DWI offender on July 2, 1981. In 1982, defendant was charged with DWI, N.J ... 50, and refusal, N.J.S.A. 39:4-50.2, in the Township of Pequannock, pled guilty, and was sentenced ... 50, and refusal, N.J.S.A. 39:4-50.2, in Montville Township, pled guilty and was sentenced as a ... 120 N.J. 1 , cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), ...

docket:	a4657-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-14
status:	unpublished
citation:
Document Size:	29917

2228 IN THE MATTER OF M.J -- rank: 354

... 1) a declaratory judgment with respect to the pending appeals; (2) an injunction requiring the DDD to transmit appellants' appeals to ... Chancery Division transferred the case to the Appellate Division. R. 2:2-3(a)(2). Appellants filed a motion for summary disposition, which we denied ... age. See N.J.A.C. 10:46C-1.4. 2 Furthermore, while some of the conditions listed in N.J ... arguing: (1) there are material factual disputes requiring a hearing; (2) it is unjust to allow the DDD to refuse ...

docket:	a4136-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-13
status:	unpublished
citation:
Document Size:	64774

2229 STATE OF NEW JERSEY VS LUIS ANGEL TORRES -- rank: 354

... 44 , 51-53, 107 S.Ct. 2704 , 2709-10, 97 L.Ed.2d 37 , 46-47 (1987). The New Jersey Supreme Court ... U.S. 458 , 464, 58 S.Ct. 1019 , 1023, 82 L.Ed. 1461 , 1466 (1938)). However, the "waiver need not be on ... 223 N.J. Super. 409 , 424 (App. Div.), certif. denied , 111 N.J. 567 (1988)). The decision of whether to testify ... he had a right to testify at the hearing; and (2) defense counsel seemed to put the case in the ...

docket:	a0443-93
court:	njappellate
decided:	1998-06-11
status:	published
citation:	313 N.J.Super. 129
Document Size:	72332

2230 STATE OF NEW JERSEY v. ANTHONY WILSON -- rank: 354

... pursuant to N.J.S.A. 2C:43-7.1b(2) (a provision in the "Three Strikes Law"), to twenty years ... Early Release Act, N.J.S.A. 2C:43-7.2. Because the jury instructions regarding accomplice liability were inaccurate and ... The police interviewed defendant on that date, after administering Miranda 2 warnings. The police advised defendant of the incident they were ... armed robbery, N.J.S.A. 2C:15-1a(1); (2) first-degree carjacking, N.J.S.A. 2C:15-2a ... A. 2C:15-1; N.J.S.A. 2C:5-2. No other assailants were ever identified or apprehended. At defendant ... v. Bielkiewicz , 267 N.J. Super. 520 , 531-32 n.2 (App. Div. 1993). The capacity to mislead the jurors ...

docket:	a4243-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-24
status:	unpublished
citation:
Document Size:	56273

2231 MICHAEL LANG v. CITY OF JERSEY CITY DEPUTY POLICE -- rank: 354

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3478-14. Eric Magnelli argued the cause for appellant (Brach ... the evening hours of June 8 and continuing into the 2 A-0654-16T1 pre-dawn hours of June 9, plaintiff ... bartenders. Plaintiff estimated he left the tavern no earlier than 2:28 a.m. on June 9. A surveillance video from ... a breath test, N.J.S.A. 39:4-50.2. The male assailant was charged with simple assault. In an ... Act (CRA), N.J.S.A. 10:6-1 to -2.1 The five counts alleged defendants violated the CRA by (1) retaliating against him for his political affiliation, (2) 'municipal liability,' (3) malicious prosecution, (4) false arrest, and ( ...

docket:	a0654-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	117126

2232 LEONARD PIVNICK v. DAVID BECK, ESQ., et al. -- rank: 354

... Superior Court of New     Jersey, Law Division, Essex County.     Hilton L. Stein, attorney for appellant     (Mr. Stein, of counsel; Mr. Stein ... July 8, 1992, he left a will, executed on August 2, 1989, and the Harry Pivnick Revocable Trust ("Trust Agreement"), executed ... pertinent part:             In further reference to your letter of June 2, 1993, and to our conversation of last week, it appears ... is identical to the issue decided in the previous proceeding; (2) the issue was actually litigated in the prior action, i ... 624 (3d Cir. 1990), cert. denied , 498 U.S. 1066 , 111 S. Ct. 782 , 112 L. Ed.2d 845 (1991), the Third Circuit stated, without ...

docket:	a2705-98
court:	njappellate
decided:	1999-12-20
status:	published
citation:	326 N.J.Super. 474
Document Size:	46289

2233 STATE OF NEW JERSEY v. RAHMANN REEDS -- rank: 354

... 2827. Yvonne Smith Segars, Public Defender, attorney for appellant (Roger L. Camacho, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... BECAUSE (1) THAT STOP UNLAWFULLY WAS BASED UPON RACE AND (2) EVEN ASSUMING ARGUENDO THE LEGALITY OF THAT STOP, BECAUSE OF ... WAS USED FOR THE COMPLETION OF THAT SELECTION PROCESS AND (2) BECAUSE THE PROSECUTION USED ITS PEREMPTORY CHALLENGES INAPPROPRIATELY TO DISCRIMINATE ... and V are without sufficient merit to warrant discussion. R. 2:11-3(E)(2). There was no evidence elicited at the suppression hearing ...

docket:	A1805-05
court:	NJ Superior Court Appellate Division
decided:	2007-09-27
status:	unpublished
citation:
Document Size:	53667

2234 State v. Demetrius M. Diaz -- rank: 354

... the substantive offense, merger is not required. (pp. 5-8) 2. In cases where the jury's verdict is ambiguous in ... to kill or assault the victim of the greater offense; 2) the evidence must support a finding that the defendant had ... Assistant Deputy Public Defender, argued the cause for respondent ( Susan L. Reisner , Public Defender, attorney). Gerard C. Sims, Jr. , Deputy Attorney ... U.S. 161 , 165, 97 S. Ct. 2221 , 2225, 53 L. Ed.2d 187 , 194 (1977); accord Missouri v. Hunter , 459 U ... S. 359 , 368-69, 103 S. Ct. 673 , 679, 74 L. Ed.2d 535 , 543-44 (1983). Similarly, merger issues ...

docket:	a-57-95
court:	njsupreme
decided:	1996-07-03
status:
citation:	142 N.J. 450
Document Size:	48574

2235 STATE OF NEW JERSEY v. EDWIN ESTRADA -- rank: 354

... two and three charged both men with burglary. Count four 2 A-2078-14T3 charged defendant with murder, count five with ... 2078-14T 3 N.J.S.A. 2C:43-7.2. The first judge accepted the factual basis placed on the ... N.J.S.A. 2C:11-3(a)(1) and (2), to a sixty- year term of incarceration, with eighty-five ... DELIBERATIONS WAS IN VIOLATION OF R. 1:8-3(B)(2) AND VIOLATED DEFENDANT'S RIGHT TO A FAIR TRIAL. (Raised ... court's reasons for considering the trial evidence were flawed. 2. Out-of-state cases further demonstrate that the remand court ... defendant had previously told police, which, Dr. Simring testified, 'comport[ed] very, very closely' to other evidence in the case ...

docket:	a2078-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-12
status:	unpublished
citation:
Document Size:	116626