Search Rutgers Law Library N.J. Court Opinions

361 IN THE MATTER OF THE ESTATE OF RICHARD D EHRLICH -- rank: 598

... we owe the motion court no special deference. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 , 378 (1995). N.J.S.A. 3B:3-2 contains the technical requirements for writings intended as wills: a ... 3B:3-3, a will shall be: (1) in writing; (2) signed by the testator or in the testator's name ... either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment ... executed in compliance with N.J.S.[A.] 3B:3-2 , the document or writing is treated as if it had ... executed in compliance with N.J.S.[A.] 3B:3-2 if the proponent of the document or writing establishes ...

docket:	a5439-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-29
status:	published
citation:	427 N.J. Super. 64 47 A.3d 12
Document Size:	63614

362 In the Matter of Civil Commitment of D.Y. -- rank: 598

... the Fourteenth Amendment in a proceeding involving the SVPA; and (2) whether D.Y.’s claim presents an issue of ... at SVPA commitment hearings: (1) full representation by counsel, or (2) self-representation by an individual who is competent to conduct ... and statutory principles, with no special deference. (pp. 14-15) 2. The practice of pro se, or self, representation by civil ... court for a new commitment hearing. CHIEF JUSTICE RABNER; JUSTICES L a Vecchia , ALBIN, and FERNANDEZ-VINA; and JUDGE RODRÍGUEZ ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1); second-degree sexual assault, N.J.S.A. 2C:14-2(b); and third-degree endangering the welfare of a ...

docket:	A-42-12
court:	NJ Supreme Court
decided:	2014-07-24
status:
citation:	218 N.J. 359 95 A.3d 157
Document Size:	123286

363 State v. Quinn Marshall -- rank: 598

... Marshall (A-33-08) Argued March 24, 2009 -- Decided July 2 1 , 2009 WALLACE, J., writing for a majority of the ... if (1) Daniels is secured outside 105 Wayne Avenue and (2) a search of Daniels reveals an item identifying the specific ... will be found in a particular place. (pp. 7-8) 2. The probable cause determination must be made based on the ... that Allen Daniels is secured outside 105 Wayne Avenue and (2) that a search of Allen Daniels reveals documentation or keys ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Lieutenant Straniero then asked Daniels which ...

docket:	a-33-08
court:	supreme
decided:	2009-07-21
status:
citation:	199 N.J. 602 974 A.2d 1038
Document Size:	151246

364 STATE OF NEW JERSEY v. CHAD BIVINS -- rank: 598

... v. United States , __ U.S. __, 133 S. Ct. 1031, 185 L. Ed.2d 19 (2013), a decision rendered after the trial court ... Camden. The search warrant identified the residence as a "two (2) story single family dwelling located on the south side of ... U.S. 145 , 152, 67 S. Ct. 1098 , 1102, 91 L. Ed. 1399 , 1407 (1947)). "An analysis of the reasonableness of the ... U.S. 692 , 711, 101 S. Ct. 2587 , 2598, 69 L. Ed.2d 340 , 355 (1981), where the Court held ...

docket:	a1577-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	published
citation:	435 N.J.Super. 519 89 A.3d 628
Document Size:	39955

365 STATE OF NEW JERSEY v. ROBERT A. DAVIES -- rank: 595

... passion/provocation manslaughter, N.J.S.A. 2C:11-4b(2); and possessing a knife under circumstances not manifestly appropriate for ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Because the judge did not specify whether this extended-term ... not raised at the time is for plain error. R. 2:10-2. Error in a jury instruction is "plain" only where "[l]egal impropriety in the charge prejudicially affecting the substantial rights ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970)); accord State v. Singleton , 211 ...

docket:	a5986-10
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	86834

366 State v. Reynaldo Galicia -- rank: 595

... provocation” statute, N.J.S.A. 2C:11-4(b)(2), which reduces what would otherwise be murder to voluntary manslaughter ... finding under N.J.S.A. 2C:11-4(b)(2). 1. The New Jersey Criminal Code recognizes three forms of ... and death by auto. N.J.S.A. 2C:11-2(b). The Code recognizes voluntary and involuntary manslaughter; within involuntary ... provocation.” N.J.S.A. 2C:11-4(b)(2). The Legislature has limited passion/provocation to crimes that would ... to manslaughter. N.J.S.A. 2C:11-4(b)(2). (pp. 16-21) 2. The Court declines to reconsider the holding in Grunow , ...

docket:	A-79-10
court:	NJ Supreme Court
decided:	2012-06-19
status:
citation:
Document Size:	152039

367 State v. Robert McQuaid -- rank: 595

... prerequisite to imposition of the death penalty. (pp. 13-17) 2. A death-eligible accomplice must do more than solicit or ... M. Gilson , Designated Counsel, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Bennett A. Barlyn , Deputy Attorney General ... and four); felony murder, N.J.S.A. 2C:5-2 (count six); first-degree robbery, N.J.S.A. 2C ... seven); second-degree burglary, N.J.S.A. 2C:5-2 (count nine); hindering apprehension or prosecution, N.J.S.A ... for an unlawful purpose, N.J.S.A. 2C:5-2 (count six). ����Defense counsel represented defendant for close to a ... meet the requirements for PCR under Rule 3:22-1, -2 and -3 (describing availability of PCR, appropriate grounds for ...

docket:	a-11-96
court:	njsupreme
decided:	1997-02-19
status:
citation:	147 N.J. 464
Document Size:	100007

368 STATE OF NEW JERSEY v. V.E. -- rank: 595

... 14, 2007 - Decided May 31, 2007. Before Judges Lintner, S.L. Reisner and C.L. Miniman. On appeal from the Superior Court of New Jersey ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals and we affirm. At the time of the ... County Prosecutor's Office spoke with J.E. on July 2, 2003. Sheftall stated that when she spoke with J.E., J.E. told her that defendant "gave her $2 to iron a pair of jeans." J.E. could not ... during that examination, [J.E.] told Dr. Vitale that [defendant] . . . '[l]ifted my shirt and licked my breasts.'" On appeal, ...

docket:	A0944-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-31
status:	unpublished
citation:
Document Size:	116561

369 Franklin Tower One v. N.M. -- rank: 595

... any opinion may not have been summarized). Franklin Tower One, L.L.C. v. N.M. (A-159-97) Argued October 26 ... March 1997, Sava sold the building to Franklin Tower One, L.L.C. (Franklin Tower), the successor in interest to Sava and ... to participate in the Section 8 program. (pp. 6-13) 2. M.T. v. Kentwood Construction is the only published opinion ... 1) Congress expresses an explicit intent to preempt state law; 2) the federal legislation is so comprehensive that it creates ...

docket:	a-159-97
court:	njsupreme
decided:	1999-03-23
status:
citation:	157 N.J. 602
Document Size:	66807

370 Robert Maglies v. Estate of Bertha Guy, et al. -- rank: 595

... monthly rent directly to Maglies, and Guy paid the remainder. 2 In 2001 , Guy’s adult daughter, Sherri Jennings, moved into ... tenant and Jennings under the heading of “Household.” 2 Guy died on March 30 , 2005. Jennings sought and received ... issue about a continued right to possession. (Pp. 8-14) 2. Under New Jersey’s common law, upon a tenant’s ... which the government paid $441 and the household paid $233. 2 After the initial one-year term of the lease expired ... denied , 544 U.S. 963 , 125 S. Ct. 1727 , 161 L. Ed.2d 606 (2005), as support for distinguishing between right ...

docket:	a-50-06
court:
decided:	2007-12-12
status:
citation:	193 N.J. 108
Document Size:	133739

371 STATE OF NEW JERSEY v. JAMES J. KRIVACSKA, -- rank: 595

... testimony of T.A. and M.B. unreliable and inadmissible, (2) the grand jury proceedings were tainted by Detective Mason's ... Assault: Children's Memory and the Law , 40 U. Miami L. Rev. 181 (1985); Diana Younts, Evaluating and Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions , 41 Duke L. J. 691 (1991), the Court noted the "variety of factors ... Techniques for Direct Examination, Cross-Examination, and Impeachment , 18 Pac. L. J. 801 , 899 (1987) (factors include: (1) whether interviewer believes in presumption of guilt, (2) whether questions asked are leading, and (3) whether interviewer is ... that the interviewer must: (1) "remain 'open, neutral and objective,'" (2) "avoid asking leading questions," (3) "never threaten a child ...

docket:	A4022-98
court:	NJ Superior Court Appellate Division
decided:	2001-04-23
status:	published
citation:	341 N.J. Super. 1
Document Size:	96221

372 Fernando Roa and Liliana Roa v. LAFE and Marino Roa -- rank: 593

... United States Supreme Court's analytical framework. (Pp. 8-13). 2. Fernando was discharged on October 3, 2003, more than two ... s employment was terminated on or about October 3, 2003. 2 While he was still employed, on October 2, 2003, Liliana underwent surgery, incurring, according to plaintiffs, approximately $6 ... Morgan , 536 U.S. 101 , 122 S. Ct. 2061 , 153 L. Ed.2d 106 (2002), the United States Supreme Court grappled with ... I d. at 104, 122 S. Ct. at 2068, 153 L. Ed. 2d at 116. The questions before the Court ...

docket:	a-72-08
court:	supreme
decided:	2010-01-14
status:
citation:
Document Size:	99383

373 DELMARVA POWER AND LIGHT CO. v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 593

... J.S.A. 54:30A-16 to -67 ( repealed by L. 1997, c. 162, §77, effective Jan. 1, 1998), were ... under appeal: (1) Delmarva was not subject to both taxes; (2) Delmarva had no liability under the F&GRT Act because ... orporations subject to a tax under the provisions of P.L. 1940, c. 4 ( C. 54:30A-16 et. seq.), P.L. 1940, c. 5 ( C. 54:30A-49 et seq.), or P.L. 1991, c. 184 ( C. 54:30A-18.6 et al ... 148,359 $151,408,951 Value of Property 3 Everywhere 2 ,139,193,309 2,228,958,852 2,306, ...

docket:	00343-99
court:
decided:	2006-07-14
status:
citation:
Document Size:	84679

374 NEW JERSEY EDUCATION ASSOCIATION v. STATE OF NEW JERSEY -- rank: 593

... Court of New Jersey, Law Division, Mercer County, Docket No. L-81-04. Kenneth I. Nowak argued the cause for appellants ... active contributing members. In FY 2006, TPAF paid pensions totaling $2,075,424,405 to 62,212 service retirees; $57,324,718 to 2,447 disability retirees; and $78,099,815 to 3,955 ... funding comes from three sources: (1) contributions from employee wages; (2) contributions from the general revenue of the State; and (3 ... S.A. 18A:66-5.1, -35, -37, -44, -71; L. 2001, c. 133, � 4-7, 15. The State's liability ... that purpose. N.J.S.A. 18A:66-16, -42.2. Each year, the excess valuation assets that remained after ...

docket:	a4460-07
court:	superior court appellate division
decided:	2010-03-04
status:	published
citation:	412 N.J. Super. 192 989 A.2d 282
Document Size:	82907

375 STATE OF NEW JERSEY v. ERIC E. POTTER -- rank: 593

... to distribute, N.J.S.A. 2C:35-5(b)(2) (count two); and third-degree possession of heroin with the ... bricks of heroin," Warraich concluded that the bag contained drugs. 2 Warraich immediately placed Potter under arrest and removed the plastic ... and order denying the motion six days later. On December 2, Potter filed a motion to suppress the statements he made ... police coerced him to make the statement through a promise; (2) that he was suffering from heroin withdrawal at the time ... any promise, much less a promise that overbore his will, (2) that there was no evidence presented that he was suffering ... and-a-half waxine folded-up envelope with . . . a stamp[ed] brand[] on it." According to Snowden, a glassine packet ...

docket:	a1175-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	81177