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2506 STATE OF NEW JERSEY v. DARRYL MILLER -- rank: 322

... N.J.S.A. 2C:5-1 and 2C:18-2. The trial commenced on January 27, 2004, and was tried ... The jury began its deliberations on January 29, 2004, at 2:35 p.m. At 3:06 p.m., the jury ... judge complied. Deliberations resumed at 1:02 p.m. At 2:47 p.m., the jury reported, in response to the ... she had declared a mistrial. Relying on R. 1:1-2 and R. 3:15-3, the judge granted the State ... denied , 540 U.S. 903 , 124 S. Ct. 259 , 157 L. Ed.2d 187 (2003); State v. Muniz , 118 N.J. ...

docket:	a5441-03
court:	njappellate
decided:	2006-01-27
status:	published
citation:	*CITE_PENDING*
Document Size:	44897

2507 /usr/local/share/www/libweb/collections/courts/appellate/a5709-18.opn.html -- rank: 322

... 5709-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TRAVIS L. PLUMMER, a/k/a TRAVIS LAMONT PLUMMER, TRAP TRAVIS PLUMMER ... of counsel and on the brief). PER CURIAM Defendant, Travis L. Plummer, appeals from the Law Division's July 1, 2019 ... MET THE STATUTORY CRITERIA FOR A PERSISTENT OFFENDER EXTENDED TERM. 2 A-5709-18 We are not persuaded by defendant's ... the cause of her death] to light, because [he] want[ed] to know too, but . . . dealing with the system' was a ... A-5709-18 defendant's trial that began on April 2, 2019. On April 9, 2019, the jury returned a guilty ... Dunbrack, 245 N.J. at 545 (quoting State v. Sloane, 111 N.J. 293, 299 (1988)). Meeting the rational basis ...

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2508 STATE OF NEW JERSEY v. TROY VALENTINE -- rank: 322

... charge for third-degree burglary. See Model Jury Charge (Crimina l) , "Burglary in the Third Degree" (1997). The use of model ... offense of burglary under N.J.S.A. 2C:18-2 requires proof beyond a reasonable doubt of the following elements: (1) defendant entered a structure or research facility; (2) without permission; and (3) with the purpose to commit an ... criminal trespass if he: (1) "enters or surreptitiously remains in[;]" (2) a "research facility, structure, or separately secured or occupied portion ... C ompare N.J.S.A. 2C:18-2a with 111 N.J. 293, 299 (1988). "Where one of the elements ... S. 205 , 212-13, 93 S. Ct. 1993 , 1998, 36 L. Ed.2d 844 , 850 (1973) (emphasis in original); s ...

docket:	a5236-07
court:	superior court appellate division
decided:	2010-08-27
status:	unpublished
citation:
Document Size:	49663

2509 STATE OF NEW JERSEY v. JOY O. EBUZOR-ONAYEMI -- rank: 322

... 0889. Howard W. Bailey argued the cause for appellant. Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... of third-degree burglary, N.J.S.A. 2C:18-2, and fourth-degree falsification of medical care records, N.J ... April 8, 2011, defendant came to see him at work 2 and told him she had had a disagreement with her ... the issue and not merely cumulative or impeaching or contradictory; (2) discovered since the trial and not discoverable by reasonable diligence ... denied , 347 U.S. 951 , 74 S. Ct. 675 , 98 L. Ed.2d 1097 (1954). Importantly, amendments seeking to correct the ...

docket:	a5027-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	23655

2510 STATE OF NEW JERSEY v. MATTHEW P. CONROY -- rank: 322

... 179 , 184 (1961)). See also R. 3:23-8(a)(2) (noting the Law Division's review is de novo on ... agency requesting replacement replica cards and credentials, if any"; and (2) "[w]ritten notice from either [Officer] Gibson or the police ... and includes replacements . . . ." N.J.A.C. 13:51-1.2. A replica certification bears: (1) the signature of the Attorney General and the Superintendent of the State Police; (2) the completion date of the original certification; and (3) the ... if needed. See N.J.A.C. 13:51-1.2, -1.7, -1.12(c). "[T]he replica which is ... to N.J.A.C. 13:51-1.6(a)(2). Similarly, when he was recertified, he was to attend ...

docket:	a0874-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-19
status:	unpublished
citation:
Document Size:	33484

2511 STATE OF NEW JERSEY v. MICHAEL J. RAMSEY -- rank: 322

... attorney; Mr. Kirsch, of counsel and on the brief). James L. McConnell, Assistant Prosecutor, argued the cause for respondent (A. Peter ... Release Act ( NERA ), N.J.S.A. 2C:43-7.2, and , if it had been , the judge would not have ... denied , 540 U.S. 1160, 124 S. Ct. 1169, 157 L. Ed. 2d 1204 (2004); State v. Powell , 84 N.J. 305 ... 177 N.J. at 180; S tate v. S loane , 111 N.J. 293, 299-304 (1988); P owell , supra , 84 ... Court found "that the overwhelming weight of the proofs . . . establish[ed] that defendant's act of firing the shotgun was ...

docket:	a1024-08
court:	superior court appellate division
decided:	2010-08-10
status:	published
citation:	415 N.J. Super. 257 1 A.3d 796
Document Size:	71459

2512 STATE OF NEW JERSEY v. ROGER LESTER -- rank: 322

... advice regarding the effect of the joinder of the indictments; (2) move to dismiss one of the indictments; and (3) request a Wade 2 hearing on identification. After considering these arguments and the State ... U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed.2d 674, 693 (1984) and State v. Fritz , 105 N ... albeit not in a proper cross-appeal pursuant to Rule 2:3-2, that the sentence imposed by the trial court is ...

docket:	a2093-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-30
status:	unpublished
citation:
Document Size:	12979

2513 STATE OF NEW JERSEY v. TRACI E. STANTON, -- rank: 322

... E. STANTON,         Defendant-Appellant.         Argued March 20, 2001 - Decided April 2, 2001         Before Judges Pressler, Ciancia and Alley.         On appeal from ... is to say, N.J.S.A. 2C:43-7.2, or whether the fact of intoxication may be found by ... been charged. See State v. DeLuca , 108 N.J. 98 , 111, cert. denied , 484 U.S. 944 , 108 S. Ct. 331 , 98 L. Ed.2d 358 (1987). Summonses had been issued charging her with ... 50. 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000), the United States Supreme Court ...

docket:	A0930-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-02
status:	published
citation:	339 N.J. Super. 1
Document Size:	16342

2514 CITY OF NEWARK v. NEWARK SUPERIOR OFFICERS' ASSOCIATION -- rank: 322

... culminating in arbitration. Step 6 provided, in full: Within two (2) weeks of the transmittal of the written answer [to an ... submitted to arbitration as hereinafter set forth. A-2913-20 2 However, no arbitration hearing shall be scheduled sooner than twenty ... records, N.J.S.A. 2C:28-7(a)(1).2 On June 9, 2020, the SOA filed an amended grievance ... sent correspondence acknowledging Soares's request to Stewart and Williams, 2 On September 9, 2021, a Criminal Division judge entered an ... whom responded for the reason previously noted. Accordingly, on September 2, 2020, the CSC issued an order similar to its May ... the parties' CBA. The City also contended the arbitrator 'lack[ed] jurisdiction to make a determination concerning a major discipline ...

docket:	a2913-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-24
status:	Unpublished
citation:
Document Size:	31075

2515 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.C. -- rank: 322

... 1 She argues the Division of Youth and Family Services 2 (Division) did not prove the four prongs of the termination ... S. 645 , 651-52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972)). However, the constitutional protection surrounding ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine "whether the ... Family Servs. v. C.S. , 367 N.J. Super. 76 , 111 (App. Div.), certif. denied , 180 N.J. 456 (2004). ...

docket:	a4457-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	48296

2516 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. -- rank: 322

... Michael). She argues the Division of Youth and Family Services 2 (Division) did not prove the four prongs of the termination ... the first prong because she never directly harmed her children; (2) the second prong because she was capable of eliminating any ... S. 645 , 651-52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972)). However, the constitutional protection surrounding ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine "whether ...

docket:	a4814-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

2517 NEW JERSEY-AMERICAN WATER CO INC. v. WATCHUNG SQUARE ASSOCIATES, LLC -- rank: 322

... Court of New Jersey, Law Division, Morris County, Docket No. L-3027-01. Thomas A. Buonocore argued the cause for appellants ... 1 were (1) Watchung's contract claims against EWC, and (2) EWC's breach of contract claim against Vollers, which was ... main that was located on the property (the Relocation Agreement). 2 The Relocation Agreement was necessary because, as the excavation and ... judge erred in dismissing the case under Rule 4:37-2(b), which provides: After having completed the presentation of the ... Id. at 407 (citing Dolson v. Anastasia , 55 N.J. 2 , 5 (1969)). If the court "finds that 'reasonable minds could ... Pron v. Carlton Pools, Inc. , 373 N.J. Super. 103 , 111 (App. Div. 2004)). In granting EWC's and Vollers' ...

docket:	a3208-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-15
status:	unpublished
citation:
Document Size:	57192

2518 SOUTH PLAINFIELD BOARD OF EDUCATION VS SOUTH PLAINFIELD EDUCATION ASSOCIATION -- rank: 322

... Relations v. Communications Workers of America , 154 N.J. 98 , 111 (1998) ( Communications Workers ). But, arbitration is favored when it resolves ... also Irvington , supra , 80 N.J. at 293.] See footnote 2 More significantly, the Court has recognized that consideration of the ... The Steelworkers Trilogy in Oregon's Public Sector , 21 Willamette L. Rev. 445, 518-19 (1985) (emphasis added) (footnotes omitted).] See also Gita D. Sargrad, Comment, 17 Rutgers L.J. 175, (1985) (noting that "[i]n public sector labor ... retroactivity was limited by the terms of the contract. Footnote: 2 The term "public good" was utilized in Ridgefield Park Education ... Mfg. , 363 U.S. 564 , 80 S. Ct. 1343 , 4 L. Ed.2d 1403 (1960); United Steelworkers of America v. ...

docket:	a6431-96
court:	njappellate
decided:	1999-04-13
status:	published
citation:	320 N.J.Super. 281
Document Size:	32823

2519 JESSICA LEIGH SHORT, individually et al. v. JOHN SHORT -- rank: 322

... Court of New Jersey, Law     Division, Ocean County, docket no. L-2813-01.     Paul Casteleiro argued the cause for appellant.     Daniel ... final judgment for $596,415.71 was entered on October 2, 2003. We affirm.     The pertinent facts are as follows. On ... manslaughter occurred prior to the effective date of this act. [ L. 2000, c. 157, § 2.]     While we generally favor prospective application of statutes, an exception ... d , 341 U.S. 428 , 71 S. Ct. 822 , 95 L. Ed. 1078 (1951) ( Standard Oil ), and Sarasota-Coolidge Equities II, ...

docket:	A2697-03
court:	NJ Superior Court Appellate Division
decided:	2004-10-13
status:	published
citation:	372 N.J. Super. 333 858 A.2d 571
Document Size:	20817

2520 STATE OF NEW JERSEY v. TIMOTHY P. LABARRE, SR -- rank: 322

... pertinent factual background may be summarized as follows. Sometime between 2:30 and 3:00 a.m. on September 18, 2005 ... we will reverse only if we find plain error. R. 2:10-2. Plain error, in the context of a jury charge, is "[l]egal impropriety in the charge prejudicially affecting the substantial rights ... denied , 532 U.S. 932 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001)(citation omitted). We note that defense ...

docket:	a0817-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-17
status:	unpublished
citation:
Document Size:	58176