Search Rutgers Law Library N.J. Court Opinions

2536 STATE OF NEW JERSEY v. HERNE LACOSTE -- rank: 322

... 0750. Robert Carter Pierce argued the cause for appellant. James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... Daniels' mother's East Orange home in early October 2011. 2 According to S.P., Daniels was controlling and would not ... or prosecution, N.J.S.A. 2C:29-3(a)(2); and second-degree official misconduct, N.J.S.A. 2C:30-2. With the exception of official misconduct, Daniels was similarly charged ... Early Release Act, N.J.S.A. 2C:43-7.2, on the kidnapping conviction; a concurrent seven-year prison term ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960)). For example, in State v. ...

docket:	a4113-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	58192

2537 STATE OF NEW JERSEY v. MARTESE G. GILLIAM -- rank: 322

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a). The trial judge then found defendant guilty ... his friends. Bloomfield Police Officer George Bambera testified that around 2 a.m. the nightclub was closing and people were leaving ... denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). 1 On cross-examination, defense counsel asked ... keep his mouth completely closed and blow into the machine. 2 Defense counsel argued that, if Apgar had been recalled, counsel ... prosecutions, approving the procedure set forth in an Administrative Directive: 2 On July 12 , 2011, the Administrative Office of the ...

docket:	a1705-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	29839

2538 STATE OF NEW JERSEY v. RONALD WESNER -- rank: 322

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... and within one thousand feet of the Alfred Reed School. 2. Evidence seized from the home of the defendant was maintained ... CONST. (1947), ART. 1, ¶ 1 (Partially Raised Below). See footnote 2     We are not persuaded by this contention. We are mindful ... U.S. 506 , 510, 115 S. Ct. 2310 , 2313, 132 L. Ed.2d 444 -449 (1995) (citation omitted). No matter how compelling ... S. 564 , 572-73, 97 S. Ct. 1349 , 1355, 51 L. Ed.2d 642 , 652 (1977); State v. Simon , 79 ...

docket:	A0934-02
court:	NJ Superior Court Appellate Division
decided:	2004-10-27
status:	published
citation:	372 N.J. Super. 489 859 A.2d 734
Document Size:	17742

2539 GUISEPPE MACCARONE v. EDISON METUCHEN ORTHOPEDIC GROUP -- rank: 322

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2956-03. Brandon J. Broderick argued the cause for appellants ... in admitting "unredacted negative information" about Dr. Coniglio into evidence; (2) the trial court showed favoritism and bias in favor of ... argument here is subject to the plain error rule. R. 2:10-2. Plaintiff contends that "[t]his caustic comment" should have been ... to make a proper diagnosis and treatment plan and perform[ed] unnecessary surgery on plaintiff Maccarone's left knee;" (2) failed "to diagnose infection and fail[ed] to treat ...

docket:	a0044-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-31
status:	unpublished
citation:
Document Size:	45934

2540 STATE OF NEW JERSEY v. M.S -- rank: 322

... Division, Cape May County, Indictment No. 09-11-00918. Robert L. Taylor, Cape May County Prosecutor, attorney for appellant (J. Vincent ... statement of reasons tracked the statutory factors to be "consider[ed] in formulating the[] recommendation," N.J.S.A. 2C:43 ... the case," N.J.S.A. 2C:43-12(e)(2), acknowledging defendant asserted he did not know the sale of ... of items that have one purpose, injuring other people"; and (2) general deterrence, to "send the message that the proliferation of ... s motion to compel his admission. This appeal ensued. R. 2:2-3(a). PTI is "a discretionary program diverting criminal ...

docket:	a1459-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-20
status:	unpublished
citation:
Document Size:	34175

2541 STATE OF NEW JERSEY V. CALVIN EDMONDS -- rank: 322

... Superior Court of New         Jersey, Law Division, Essex County.         Susan L. Reisner, Public Defender, attorney         for appellant (Kevin G. Byrnes, Designated ... Clifford J. Minor, Essex County Prosecutor,         attorney for respondent (Robert L. Cerefice,         Assistant Prosecutor, of counsel and on the         brief).         The ... of a fair trial.     On September 23, 1993, at about 2:00 p.m., sixteen-year-old K.C. had a ... the street.     White testified that he was sleeping until about 2:15 or 2:30 p.m. His sister then asked him if he ... sister corroborated her brother's testimony.     Defendant testified that at 2:00 p.m. he was working on his sister' ...

docket:	a4471-94
court:	njappellate
decided:	1996-07-31
status:	published
citation:	293 N.J.Super. 113
Document Size:	17687

2542 STATE OF NEW JERSEY v. T.E., -- rank: 322

... common law oath. R.R. , supra , 79 N.J. at 111. Further, a trial judge is vested with the discretion to ... oath requirement of N.J.R.E. 603. See footnote 2 2 II     Defendant argues it was error to permit B.E ... denied , 514 U.S. 1114 , 115 S. Ct. 1971 , 131 L. Ed.2d 860 (1995) (no error for five-year- old daughter ... witness in the underlying event and by the courtroom experience.     (2) A defendant should be given the opportunity to suggest ...

docket:	a3430-99
court:	njappellate
decided:	2001-07-03
status:	published
citation:	342 N.J. Super. 14
Document Size:	43718

2543 JOYCE A. POLISENO, Individually, et al. v. GENERAL MOTORS CORPORATION, et al. -- rank: 322

... defect resulted in the vehicle not being "crashworthy." See footnote 2 2 She claimed that defects in the door welds caused enhanced ... percent were caused by the defective welds. The jury awarded $2.2 million in damages for Kuhlbars' wrongful death and $100,000 ... of proof with respect to the apportionment of crashworthy damages; (2) death is an indivisible injury incapable of apportionment; and (3 ... not reasonably safe for its intended use?             Yes - 7 No - 2         2. Were the defective door beam welds a proximate ...

docket:	a2024-97
court:	njappellate
decided:	2000-02-08
status:	published
citation:	328 N.J.Super. 41
Document Size:	52895

2544 STATE OF NEW JERSEY v. LEE DAWN TROUTWEIN THOMAS -- rank: 322

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, we affirmed the judgment of conviction. State v ... made in this case, N.J.S.A. 2A:156A-2(d)(1) exempts telephone equipment used by law enforcement officers ... v. Fornino , 223 N.J. Super. 531 , 545, certif. denied , 111 N.J. 570 , cert. denied , 488 U.S. 943 , 109 S. Ct. 152 , 102 L.Ed. 123 (1988). The statutory exception permits prison officials to monitor ... THE DEFENDANT'S STORED COMMUNICATIONS FROM GLOBAL-TEL-LINK. POINT 2 THE CONSENT EXCEPTION DOES NOT APPLY TO THE PROSECUTION, ...

docket:	a3813-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	29239

2545 ESTATE OF KATHERINE PERRY v. APOORVA A. SINHA -- rank: 322

... Defendant, and COUNTY OF MIDDLESEX,1 Defendant-Appellant. Argued August 2, 2021 – Decided August 20, 2021 Before Judges Sabatino and ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-7299-19. 1 Improperly pled as Middlesex County. Lori A ... November 22, 2019 Law Division order, finding: (1) Katherine Perry 2 timely served her notice of tort claim (NOC) on the ... 3, based on tolling of the accrual date; and, alternatively, (2) Perry demonstrated extraordinary circumstances under N.J.S.A. 59 ... were involved in a motor vehicle accident at the intersection 2 Perry died on March 10, 2020 after the motion judge ... to refer to the Estate, where applicable. A-1757-19 2 of Inman and Grove Avenues in Edison. According to ...

docket:	a1757-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	28250

2546 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:	a4861-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

2547 /usr/local/share/www/libweb/collections/courts/appellate/a1619-18.opn.html -- rank: 322

... 2C:20- 4. The indictment alleged that defendant had 'creat[ed] or reinforce[ed] the false impression that … [he] was eligible for an ... CONSIDER THE PENSION BOARD’S DECISION TERMINATING A-1619-18T4 2 [DEFENDANT]'S PENSION OR ITS REFER[R]AL OF THE ... 43:16A-7[,]' and 'suffers no neck and back disability.' 2 Randolph- Prince also read that portion of the Board's ... of maneuvers that were too dangerous for lesser skill levels. 2 We note that pursuant to N.J.S.A. 43:16A-8(2), PFRS may compel a medical reexamination of any beneficiary ...

docket:
court:
decided:
status:
citation:
Document Size:	27342

2548 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.C. -- rank: 322

... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... s life." In the Matter of Adoption of Children by L.A.S. , 134 N.J. 127 , 135, 137, 139 (1993 ... was no bond to "preserve" through prison visitation. As the L.A.S. Court observed, a nonexistent parental relationship will not ... conditions in anticipation of reunification. 367 N.J. Super. 76, 111 (App. Div. 2004). This prospect would subject D.M. to ... denied , 540 U.S. 1162 , 124 S. Ct. 1176 , 157 L. Ed.2d 1207 (2004). "The basic indicia of due process ...

docket:	a3665-07
court:
decided:	2009-05-13
status:	Unpublished
citation:
Document Size:	62952

2549 ANDERSON v. PICCIOTTI -- rank: 322

... a bone biopsy to make a definitive diagnosis of osteomyelitis; 2) Dr. Picciotti deviated from the proper standard of care because ... the interest he or she has destroyed. (pp. 10-14) 2. There is neither an allegation nor any evidence that Dr ... hold: (1) this is not a Scafidi -type case; and (2) when a defendant requests a Scafidi -type causation instruction in ... on the Law of Torts , § 41, at 266-68 (5th ed. 1984); Wex S. Malone, Ruminations on Cause-In-Fact , 9 Stan. L. Rev. 60, 88-90 (1956). The "substantial factor" standard requires ... Injury Torts Involving Preexisting Conditions and Future Consequences , 90 Yale L.J. 1353, 1356 (1981)).     Unlike the complicated claims in ...

docket:	a-72-95
court:	njsupreme
decided:	1996-05-23
status:
citation:	144 N.J. 195
Document Size:	57523

2550 STATE OF NEW JERSEY v. MARY STICKEL -- rank: 322

... STICKEL, Defendant-Appellant. ___________________________________ Argued May 23, 2012 – Decided July 2, 2012 Before Judges Fuentes and Graves. On appeal from Superior ... A. Malfitano, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Mr. Malfitano, of counsel and ... COURT: Is she here? MR. STICKLE: No. She's (indiscernible.) 2 At this point, the proceeding is taken off the record ... period for filing a PCR petition under Rule 7:10-2(b)(2), defendant's counsel argued that the time restrictions did not ... 120 N.J. 1, cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). ...

docket:	a1113-11
court:	NJ Superior Court Appellate Division
decided:	2012-05-23
status:	unpublished
citation:
Document Size:	30858