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2791 STATE OF NEW JERSEY v. JAMES CAINES -- rank: 291

... robbery, in violation of N.J.S.A. 2C:5-2 and 2C:15-1; first-degree robbery, in violation of ... THIS MATTER SHOULD BE REMANDED, PURSUANT TO R . 3:20-2 FOR A HEARING ON DEFENDANT'S MOTION FOR A NEW ... Harris , 181 N.J. 391 , 494 (2004); State v. Johns , 111 N.J. Super. 574 , 576 (App. Div. 1970). The substantive ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... sufficient merit to warrant discussion in a written opinion. R . 2:11-3(e)(2). Affirmed. Miranda v. Arizona , 384 ...

docket:	a0731-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-10
status:	unpublished
citation:
Document Size:	45028

2792 IN THE MATTER OF JULIANN LOSTOCCO -- rank: 291

... upon substantial, credible evidence in the record, we affirm. R. 2:11-3(e)(1)(D). LoStocco, who has worked for ... was the basis for the determination of November 20, 2002; 2) the complete investigative files for all previous investigations by the ... of the written record. See N.J.S.A. 11A:2-6(b). Hearings are granted in those limited instances where ... resolved through a hearing. See N.J.A.C. 4A:2-1.1(d). No material issue of disputed fact has ... sub. nom. Tiger Inn v. Frank, 498 U.S. 1073, 111 S.Ct. 799, 112 L.Ed. 2d 860 (1991). An agency must grant a ...

docket:	A0702-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-17
status:	unpublished
citation:
Document Size:	59975

2793 RICKY L. PETERSON v. NEW JERSEY STATE PAROLE BOARD -- rank: 291

... JERSEY APPELLATE DIVISION DOCKET NO. A-5867-05T15867-05T1 RICKY L. PETERSON, Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. _________________________________ Submitted May 2, 2007 - Decided May 24, 2007 Before Judges A. A. Rodrà ... the New Jersey State Parole Board, #57164 SBI#539366A. Ricky L. Peterson, appellant pro se. Stuart Rabner, Attorney General, attorney for ... U.S. 1 , 10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979)). "To a greater degree than is ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988)). We are fully satisfied that ...

docket:	a5867-05
court:	njappellate
decided:	2007-05-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27459

2794 DIANE A. ELLISON, Individually et al. v. CREATIVE LEARNING CENTER et al. -- rank: 291

... from Superior Court of New Jersey, Law Division, Monmouth County, L-2509-03. Joel N. Kreizman argued the cause for appellant ... J. 73 , 102 (1990), cert. denied , 498 U.S. 1073 , 111 S. Ct. 799 , 112 L. Ed.2d 860 (1991), so that "[no] device whether innocent or ... gr. , 530 U.S. 640 , 120 S. Ct. 2446 , 147 L. Ed.2d 554 (2000); see also N.J.S.A. ...

docket:	A1625-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-08
status:	published
citation:
Document Size:	61354

2795 DAWN CASSIDY and ANTHONY CASSIDY v. COUNTY OF GLOUCESTER -- rank: 291

... Court of New Jersey Law Division, Gloucester County, Docket No. L-1698-06. Jaunice M. Canning argued the cause for appellant ... argued the cause for respondents. PER CURIAM Pursuant to Rule 2:2-3(a)(3), defendant County of Gloucester (County) appeals from ... pregnancy. It is believed that Ms. Cassidy was 7 1/2 months pregnant, and that the accident caused the demise of ... that a storm with high winds had occurred on July 2, 2006. On behalf of plaintiffs, counsel sent notice to the ... showing of an abuse thereof." Lamb v. Global Landfill Reclaiming , 111 N.J. 134 , 146 (1988); Ohlweiler v. Twp. of ...

docket:	A2295-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-19
status:	unpublished
citation:
Document Size:	29933

2796 STATE OF NEW JERSEY v. WAYNE M. HALL -- rank: 291

... within are largely derived from their testimony. A-1141-20 2 Following the judge's orders, officers Mejia and McCue approached ... behind and explained that he was being placed under arrest. 2 However, defendant 'again continue[d] to try to speak to ... handcuffed.' However, defendant began to 'flail[] his arms' and upper 2 Officer O'Hara testified that he saw officers Mejia and ... 1141-20 3 torso away from the officers and 'shoulder[ed] his weight' against them, preventing the officers from 'get[ting ... and/or [] Mejia, and/or [] McCue were law enforcement officers; 2) that P.O.s [] O'Hara, and/or [] Mejia, and ... review his arguments under the plain error standard of Rule 2:10-2. See State v. Singh, 245 N.J. ...

docket:	a1141-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	37811

2797 /usr/local/share/www/libweb/collections/courts/trial/l-3800-06.html -- rank: 291

... base its determination upon defendant's present ability to earn," (2) "the trial court erred in failing to provide for the ... s "net income," reduced defendant's monthly alimony obligation to $2,956 per month "retroactive" to November 1, 2005 and "fixed ... entered by Judge Coleman, establishing the monthly alimony obligation of $2,956 as of November 1, 2005 and eliminating defendant's ... over which the Family Part had continuing jurisdiction, see R. 2:9-1; Rolnick v. Rolnick, 262 N.J. Super. 343 ...

docket:
court:
decided:	And the Court, although having recognized that the use of trade names by professionals, including attorneys, is a form of commercial speech, see Friedman v. Rogers, <a href= 2007-05-09 2007-05-09 2005-09-15
status:	unpublished Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Published Unpublished
citation:	171 N.J. 28 791 A.2d 212
Document Size:	49487

2798 STATE OF NEW JERSEY VS JERMAINE BRYANT -- rank: 291

... Assistant Deputy Public Defender,         argued the cause for appellant (Susan L. Reisner,         Public Defender, attorney; Mr. Kirsch, of counsel         and on ... U.S. 335 , 343, 41 S.Ct. 501 , 502, 65 L.Ed. 961 , 963 (1921), and the law thus recognizes the frailties ... 300 , 316-17 (1960); State v. Mount , 73 N.J.L. 582 , 585-86 (E. & A. 1906). While it is not ... threatened to the person whom he seeks to protect; and     (2) Under the circumstances as the [defendant] reasonably believes them to ... of the material facts of the case. State v. Concepcion , 111 N.J. 373 , 379 (1988). B.     It is first ...

docket:	a4709-93
court:	njappellate
decided:	1996-02-27
status:	published
citation:	288 N.J.Super. 27
Document Size:	20475

2799 STATE OF NEW JERSEY v. NATHAN CRAFT -- rank: 291

... to distribute cocaine, N.J.S.A. 2C:35-5b(2), and was sentenced in accordance with an agreement negotiated pursuant ... to sign the consent." 1 After defendant executed the Miranda 2 form, the detective asked him what had occurred during the ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989). Although the car stop was not recorded ... drug distribution, see N.J.S.A. 2C:64-1a(2)-(3), even though aware he did not want police to ... 222 N.J. Super. 583 , 589 (App. Div.), certif. denied , 111 N.J. 624 (1988). Because we concur with Judge ...

docket:	a1219-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	24018

2800 EDWIN OCASIO & SEYDA MOHAMMAD VS AMTRAK, NEW JERSEY TRANSIT AUTHORITY BUS COMPANY & DONALD REED, ET AL. -- rank: 291

... 94T1 EDWIN OCASIO and SEYDA MOHAMMAD, by her g/a/l Maria Ocasio,         Plaintiffs-Respondents-         Cross-Appellants,         v. AMTRAK, NEW JERSEY ... knew or had reason to know of their frequent presence; (2) failing to instruct the jury that any duty of reasonable ... trespasser is to refrain from wilfully injurious acts. See footnote 2     Our Supreme Court has recently observed that "[t]he historical ... refrain from wilfully injuring them." Ibid. The Court stated that "[l]andowners owe a higher duty even to trespassers when their ... 02 (1986); Prosser on Torts §58 at 395-96 (5th ed. 1984). Therefore, the trial court properly instructed the jury that ... capabilities were impaired before the accident. Cf. Ostrowski v. Azzara , 111 N.J. 429 , 439 (1988) ("a defendant whose acts ...

docket:	a6748-94
court:	njappellate
decided:	1997-03-27
status:	published
citation:	299 N.J.Super. 139
Document Size:	48680

2801 EDAN BEN ELAZAR v. MACRIETTA CLEANERS INC. -- rank: 291

... Court of New Jersey, Law Division, Union County, Docket No. L-3247-12. Stuart J. Lieberman argued the cause for appellants ... buried in adjoining municipal property with the Township's permission. 2 The trial court found that plaintiffs' September 4, 2012, notice ... Am. , 142 N.J. 520 , 523 (1995); R. 4:46-2(c). A court must determine "whether the evidence presents a ... S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)). Absent a genuine factual dispute, the ... cause of action accrued. Beauchamp v. Amedio , 164 N.J. 111, 118 (2000) . The next and separate task "is to ...

docket:	a0990-15
court:	NJ Superior Court Appellate Division
decided:	2016-07-06
status:	unpublished
citation:
Document Size:	31778

2802 STATE OF NEW JERSEY v. SADIQ ARNOLD -- rank: 291

... Release Act (NERA), N.J.S.A. 2C:43-7.2, parole ineligibility period. On appeal defendant argues: POINT I. THE ... property involved." The note then lists the statutory provisions of 111 N.J. 373 , 376 (1988) (quoting State v. Freeman , 64 ... of an unchallenged jury charge, "plain error requires demonstration of '[l]egal impropriety in the charge prejudicially affecting the substantial rights ... State v. Jordan , 147 N.J. 409 , 422 (1997); R. 2:10-2. Any possibility of an unjust result will not suffice; the ... 1) Inflicts bodily injury or uses force upon another; or (2) Threatens another with or purposely puts him in fear ...

docket:	A1921-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-24
status:	unpublished
citation:
Document Size:	40683

2803 STATE OF NEW JERSEY v. BRIAN T. MILLAR -- rank: 291

... 54, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), which would determine the scientific reliability of ... original reservation. R. 3:9-3(f); R. 7:6-2(c); State v. Mustaro , 411 N.J. Super. 91 , 99 ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... negotiation, which the defendant relied on in entering his plea; (2) the defendant was not informed and thus did not understand ... J. 450 , 455-56, cert. denied , 498 U.S. 819 , 111 S. Ct. 63 , 112 L. Ed.2d 38 (1990). ...

docket:	a4772-08
court:	superior court appellate division
decided:	2010-07-01
status:	unpublished
citation:
Document Size:	40107

2804 CHEMICAL BANK v. DONALD JAMES, -- rank: 291

... of New Jersey,         Law Division, Bergen County, Docket No. BER-L-         5030-90.         Bernard Schenkler argued the cause for appellant         (Orloff ... The above-named debtor is released from     all dischargeable debts. 2.    Any judgment heretofore or hereafter     obtained in any court other ... nondischargeable, debts alleged         to be excepted from discharge under         clauses (2), (4) and (6) and 11         U.S.C. § 523(a ... creditors whose     judgments are declared null and void in     paragraph 2 above are enjoined from     instituting or continuing any action or ... the bankruptcy filing, and In re Arevalo , 142 B.R. 111 (Bankr. D.N.J. 1992) wherein the court held that ... v. Home State Bank , 501 U.S. 78 , 82-83, 111 S. Ct. 2150 , 2153, 115 L. Ed.2d 66 , ...

docket:	a5211-00
court:	njappellate
decided:	2002-08-20
status:	published
citation:	354 N.J. Super. 1
Document Size:	23988

2805 J.D v. G.W -- rank: 288

... W., Defendant-Respondent. ______________________________ Submitted January 23, 2020 – Decided March 2, 2020 Before Judges Whipple and Gooden Brown. On appeal from ... documented plaintiff's repeated failure to appear with C.D.,2 the judge 1 We use initials in order to protect the privacy of the parties and their child. 2 In responding to plaintiff's claim that her absences were ... time that would not be 'tolerate[d].' A-0802-18T1 2 entered an order affording defendant unsupervised parenting time 'every Saturday from [10:00 a.m. to 2:00 p.m.],' effective February 17, 2018, to be 'expand[ed] to [10:00 a.m. to 6:00 p. ...

docket:	a0802-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	16323