Search Rutgers Law Library N.J. Court Opinions

2896 STATE OF NEW JERSEY v. JEFFREY H. TANNER -- rank: 275

... child pornography, contrary to N.J.S.A. 2C:30-2 (counts one, two, and three). Defendant was indicted after New ... Leonardis II ); State v. Kraft , 265 N.J. Super. 106 , 111 (App. Div. 1993). A prosecutor's refusal to admit a ... a paid subscriber to an internet website that contained pornography; (2) eighty-five images of child pornography were found in allocated ... denied , 503 U.S. 939 , 112 S. Ct. 1483 ; 117 L. Ed.2d 625 (1992). These circumstances include: (1) when a single ... of the jurors will not agree on the same theory; (2) where the facts are exceptionally complex; (3) where the ...

docket:	a5254-04
court:	njappellate
decided:	2007-08-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38936

2897 STATE OF NEW JERSEY v. MARCUS FOY -- rank: 275

... PROTECTION OF THE PUBLIC WAS NOT MADE BY A JURY; (2) THE SENTENCES FOR ALL COUNTS WERE IN EXCESS OF THE ... not have the capacity to produce an unjust result. R. 2:10-2. Upon an appropriate request, a trial court should instruct a ... case. Id. at 287-88; see also State v. Concepcion , 111 N.J. 373 , 379 (1988). Although we agree that the ... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004), are devoid of merit. The judicial ...

docket:	a4680-03
court:	njappellate
decided:	2005-11-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32963

2898 STATE OF NEW JERSEY v. DWAYNE SMITH -- rank: 275

... in violation of N.J.S.A. 2C:21-4.2 defines "health care claims fraud" as making, or causing to ... Defendant also was charged with Medicaid fraud, in violation of 111 N.J. 373 , 374 (1988), the defendant was convicted of ... an error "clearly capable of producing an unjust result." R. 2:10-2. III. We next consider defendant's contention that he was ... denied , 508 U.S. 947 , 113 S. Ct. 2433 , 124 L. Ed.2d 653 (1993). "In determining whether the prosecutor's ...

docket:	a1701-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-30
status:	unpublished
citation:
Document Size:	35359

2899 STATE OF NEW JERSEY v. RAHEAN BROWN -- rank: 270

... conspiracy to distribute heroin, N.J.S.A. 2C:5-2 (Count One); fourth-degree resisting arrest, N.J.S.A ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add, however, the following comments. I. At trial, defendant ... factual stipulations: (1) that the collected evidence was heroin; and (2) that the location in question was within 1,000 feet ... 223 N.J. Super. 409 , 423 (App. Div.), certif. denied , 111 N.J. 567 (1988)). Notably, defendant does not argue ineffective ... U.S. 668 , 690, 104 S. Ct . 2052, 2066, 80 L. Ed.2d 674 , 695 (1984). Under these circumstances, relieving ...

docket:	a4589-06
court:	superior court appellate division
decided:	2009-12-09
status:	unpublished
citation:
Document Size:	35935

2900 IN THE MATTER OF THE CIVIL COMMITMENT OF J.P. -- rank: 270

... We use initials pursuant to Rule 1:38-3(f)(2). Appellant J.P. appeals from the November 16, 2022 civil ... D., and Mohammad M. Bari, M.D. A-1238-22 2 During the screening, J.P. stated he had been living ... did not know if he was intoxicated and 'only remember[ed] waking up in the hospital with both legs amputated.' Dr ... In re Commitment of T.J., 401 N.J. Super. 111, 119 (App. Div. 2008). However, 'we have not hesitated to ... reasonably foreseeable future.''' Ibid. (quoting In re Commitment of S.L., 94 N.J. 128, 138 (1983)). To involuntarily commit an ... must comply with N.J.S.A. 30:4-27.2(m) and establish (1) the individual has a mental ...

docket:	a1238-22
court:	appellate
decided:	2024-05-06
status:	Unpublished
citation:
Document Size:	15850

2901 STATE OF NEW JERSEY v. RICKY JONES 20, 2012 -- rank: 270

... s June 5, 2007 opinion. Jones , supra , slip op. at 2-4. Summarizing, defendant approached the victim of this robbery, Somia ... undermining defendant's claim that there had been no robbery; 2) failed to object to certain alleged improper statements made by ... 668 , 689, 694, 104 S. Ct. 2052 , 2065, 2068, 80 L. Ed.2d 674 , 694, 698 (1984)). Both showings are required, and ... J. 165 , 177-78 (2009); see also State v. Sloane , 111 N.J. 293 , 299 (1988) (noting that a charge on ... an element of the offense, N.J.S.A. 2C:2-8, addressed capacity, or ability, to entertain the state ...

docket:	a0432-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	unpublished
citation:
Document Size:	22005

2902 ANDRELL FARRINGTON v. NEW JERSEY STATE PAROLE BOARD -- rank: 270

... 1; second-degree burglary, N.J.S.A. 2C:18-2; second-degree possession of a weapon for an unlawful purpose ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). However, we make the following brief comments. Our Supreme Court ... U.S. 1 , 10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979). As the Court observed, parole boards ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988)), and are entitled to our ...

docket:	a5265-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-08
status:	unpublished
citation:
Document Size:	13575

2903 STATE OF NEW JERSEY v. ZAK A. MISSAK -- rank: 270

... degree attempted sexual assault, N.J.S.A. 2C:14-2(c)(4) and N.J.S.A. 2C:5-1 ... the search warrant, arguing it authorized an A-0193-22 2 unconstitutional general search of the phone by allowing access to ... the cellular phone seized from defendant following his arrest 'contain[ed] evidence of' two '[s]pecified [c]rimes' — luring and ... would love to be your sugar daddy and spoil you.' 2 Hurley provided a cellular phone number to M.W., and ... chest up' and a request for photographs of the juvenile. 2 We use the initials 'M.W.' instead of the false ... that ha s not yet been executed. Rule 1:6-2 authorizes and proscribes the procedure for the filing of '[ ...

docket:	a0193-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-25
status:	Unpublished
citation:
Document Size:	49343

2904 D.A.G. v. W.C.B. -- rank: 270

... to maintain the confidentiality of the parties and their children. 2 A-4261-15T4 therapy with Dr. Joseph Racite, and defendant ... defendant as sole custodian of the children until further order; (2) ordered that plaintiff's visitation and contact with the children ... witnesses, without compensation for their time and effort as experts.2 Judge Johnson determined '[t]he testimony before the court to ... the personal, emotional [and] psychological cost to the family; the 2 We agree with the judge that his decision to terminate ... of experts whom she was not allowed to cross-examine; (2) the judge erred by requiring her to show a significant ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). Under the particular facts ...

docket:	a4261-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-26
status:	unpublished
citation:
Document Size:	65489

2905 STATE OF NEW JERSEY v. TROY L. BAILEY -- rank: 270

... 2336-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TROY L. BAILEY, Defendant-Appellant. _______________________ Submitted March 8, 2021 – Decided May ... defendant's mattress. 1 1 As we explain in section 2, infra, the officer presented seemingly inconsistent testimony at the suppression ... only defendant had access to the room. A-2336-19 2 After carefully reviewing the record in light of the arguments ... child endangerment, N.J.S.A. 2C:24- 4(a)(2); and second-degree certain persons not to possess weapons, N ... Act waiver pursuant N.J.S.A. 2C:43-6.2, reducing the mandatory minimum period of parole ineligibility from forty ... has a five-year-old child in common with defendant. 2 S.S. also has a sixteen-year-old daughter ...

docket:	a2336-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-18
status:	Unpublished
citation:
Document Size:	47393

2906 JHON CASTANEDA v. NEW JERSEY STATE PAROLE BOARD -- rank: 270

... pled guilty to second-degree manufacturing, distributing and dispensing cocaine 2 and third-degree bail jumping. He was sentenced to concurrent ... legislative policies, i.e., did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... 224 N.J. Super 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988) (citation omitted). Applying these standards, we ... denied , 398 U.S. 938 , 90 S. Ct. 1841 , 26 L. Ed.2d 270 (1970). The Board's decision properly considered all ... that an FET must be established upon denial of parole. 2 This charge was treated as a 3rd degree offense ...

docket:	a5292-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-09
status:	unpublished
citation:
Document Size:	19901

2907 DIVISION OF YOUTH AND FAMILY SERVICES v. R.D. and S.D IN THE MATTER OF A.M., A.M., A.D., A.D and A.D -- rank: 270

... found that S.D. and R.D. sexually abused Anna. 2 The judge found that Agnes was an extremely credible witness ... the offense is committed." N.J.S.A. 9:6-2. Agnes testified that S.D. arrived in August and intended ... 613 , 622-23 (1990), cert. denied , 498 U.S. 1046 , 111 S. Ct. 752 , 112 L. Ed. 2d 772 (1991)).] Additionally, "[t]he corroborative evidence need not ... use pseudonyms instead of initials for the mother and children. 2 The complaint also charged Agnes with abuse and neglect ...

docket:	a4257-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	26666

2908 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.B., Jr. and S.W -- rank: 270

... to decline custody after he obtained steady employment and housing. 2 Early on, he proposed his sister as an alternative custodian ... a child's independence. She opined that Dennis "desperately need[ed]" parental training, but never followed through. She was concerned by ... S. , 202 N.J. 145, 183 (2010) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... or unable to eliminate the harm facing the child," or (2) "is unable or unwilling to provide a safe and stable ... child." N.J.S.A. 30:4C-15.1(a)(2). The evidence supported the court's conclusion that Sara' ...

docket:	a0637-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	47678

2909 DIVISION OF YOUTH AND FAMILY SERVICES v. R.D. and S.D IN THE MATTER OF A.M., A.M., A.D., A.D and A.D -- rank: 270

... found that S.D. and R.D. sexually abused Anna. 2 The judge found that Agnes was an extremely credible witness ... the offense is committed." N.J.S.A. 9:6-2. Agnes testified that S.D. arrived in August and intended ... 613 , 622-23 (1990), cert. denied , 498 U.S. 1046 , 111 S. Ct. 752 , 112 L. Ed. 2d 772 (1991)).] Additionally, "[t]he corroborative evidence need not ... use pseudonyms instead of initials for the mother and children. 2 The complaint also charged Agnes with abuse and neglect ...

docket:	a4256-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	26666

2910 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 270

... prosecutor moved under N.J.S.A. 2C:43-6.2 to waive the mandatory prison term required by N.J ... 1995) (quoting State v. Kraft , 265 N.J. Super. 106 , 111 (App. Div. 1993)). Accordingly, "prosecutors are granted broad discretion to ... in order to circumvent the prohibition against hollow point bullets." 2 At oral argument before us, the Assistant Prosecutor conceded the ... denied , 506 U.S. 823 , 113 S. Ct. 75 , 121 L. Ed.2d 40 (1992). Such advice would also misstate federal law ... the prosecutor asserts that defendant's nine alleged misrepresentations "divert[ed] law enforcement resources from legitimate, necessary functions so they ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746