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571 State of New Jersey v. P.S. -- rank: 551

... child sex abuse victim's taped statement is lost; and 2) the proper use of other-crimes evidence under N.J ... supported by the evidence and legally unassailable. (Pp. 14-21) 2. There is no basis for the adoption of a per ... found that even in the absence of a tape or 2 contemporaneous notes, there was enough evidence to find that Katie ... evidence must be admissible as relevant to a material issue: 2) it must be similar in kind and reasonably close in ... Passaic County for first-degree aggravated sexual assault, contrary to 2 N.J.S.A. 2C:24-4(a) (Count Three ... and argued not only that Katie's mother, Ursula Jones,2 may have influenced Katie to fabricate her allegations to ...

docket:	a-21-09
court:	supreme
decided:	2010-06-07
status:
citation:	202 N.J. 232 997 A.2d 163
Document Size:	85905

572 STATE OF NEW JERSEY VS WALTER CHANEY -- rank: 551

... burglary, in violation of N.J.S.A. 2C:18-2, and six counts of theft of movable property, in violation ... 705 , 719-21, 104 S. Ct. 3296 , 3305-06, 82 L. Ed.2d 530 , 544-45 (1984), which hold that a search ... States , 487 U.S. 533 , 108 S. Ct. 2529 , 101 L. Ed.2d 472 (1988).     Preliminarily, we note that the State does ... at 719-21, 104 S. Ct. at 3305-06, 82 L. Ed. 2d at 544-45; Franks v. Delaware , 438 ...

docket:	a6215-97
court:	njappellate
decided:	1999-02-16
status:	published
citation:	318 N.J.Super. 217
Document Size:	28980

573 LAWRENCE B. SEIDMAN v. SPENCER SAVINGS BANK S.L.A. LAWRENCE B. SEIDMAN v. SPENCER SAVINGS BANK S.L.A. -- rank: 551

... SEIDMAN, Plaintiff-Respondent/ Cross-Appellant, v. SPENCER SAVINGS BANK, S.L.A., SPENCER SAVINGS BANK, S.L.A. BOARD OF DIRECTORS, JOSE B. GUERRERO, PETER J. HAYES ... Chaitman argued the cause for appellants/cross-respondents (Becker & Poliakoff, L.L.P., attorneys; Ms. Chaitman and Vincenzo M. Mogavero, on the ... Bray argued the cause for respondent/cross-appellant (Bray & Bray, L.L.C., attorneys; Mr. Bray, on the briefs). PER CURIAM ...

docket:	a3836-12 a3836-12
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2015-04-30 2015-04-30
status:	unpublished unpublished
citation:
Document Size:	88822

574 STATE OF NEW JERSEY v. TERREL F. GOLDSMITH -- rank: 551

... 2470. Joseph E. Krakora, Public Defender, attorney for appellant (Jack L. Weinberg, Designated Counsel, on the brief). Carolyn A. Murray, Acting ... of possession of CDS, N.J.S.A. 2C:5-2 (count one); third-degree possession of CDS, N.J.S ... rulings: (1) the denial of his motions to suppress and (2) for discovery concerning Turzani's personnel file. i. Goldsmith argues ... State v. Elders , 192 N.J. 224 , 243-44 (2007).] 2 Our review of the trial judge's legal conclusions is ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. Goodman , 415 N.J. ...

docket:	a2496-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	78326

575 State of New Jersey v. D.G. -- rank: 551

... harmless error. A hearing must be held. (pp. 14-20) 2. In considering the admission of a number of repetitive corroborative ... 1999         On certification to the Superior Court, Appellate Division.          Robert L. Sloan , Assistant Deputy Public Defender, argued the cause for appellant ... 1      I.     Defendant's alleged victim was Michelle, See footnote 2 his eight year old step-daughter. Michelle's mother married ... 497 U.S. 805 , 814, 110 S. Ct. 3139 , 3146, 111 L. Ed.2d 638 , 651 (1990), the Supreme Court set forth ...

docket:	a-157-97
court:	njsupreme
decided:	1999-02-09
status:
citation:	157 N.J. 112
Document Size:	59484

576 STATE OF NEW JERSEY v. J.S. -- rank: 551

... NEW JERSEY, Plaintiff-Respondent, v. J.S., Defendant-Appellant. _______________________________ November 2, 2012 Submitted September 25, 2012 - Decided Before Judges Lihotz and ... 129 N.J. 451, 459 (1992). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984) . . . ." Preciose , supra , 129 N.J. at ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Under the second prong, a defendant ...

docket:	a5434-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	39717

577 STATE OF NEW JERSEY v. NDERIM AMETI -- rank: 551

... possession of drug paraphernalia, N.J.S.A. 2C:36-2. He brought motions to suppress the evidence, which the municipal ... 54 , cert. denied , __ U.S.__, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), and it suppressed the Alcotest results. The ... establishes the following facts. On July 10, 2007, at approximately 2:02 a.m., Officers Glenn Grune and John Clements of ... any injuries, and defendant did not complain of any. At 2:52 a.m., Grune concluded that defendant was intoxicated and ... removed, and he was searched and read his Miranda rights. 2 At 3:00 a.m., which was about two ...

docket:	a4169-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	55726

578 MICHAEL BATTAGLIA v. UNITED PARCEL SERVICE INC -- rank: 551

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-10341-06. Michael T. Bissinger argued the cause for appellant/cross-respondent (Day Pitney, L.L.P., attorneys; Mr. Bissinger and Justin B. Incardone, on the ... plaintiff’s claim of breach of contract. R. 4:37-2(b). The jury awarded plaintiff economic damages of $500,000 ... of New Jersey, referred to as the Bound Brook division. 2 In 2003, plaintiff was transferred to Baltimore, again as a ... end of the plaintiff's case under Rule 4:37-2(b). The court must accept as true all the ...

docket:	a0226-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	82861

579 Smith v. SBC Communications Inc. -- rank: 551

... moved to dismiss the complaint, pursuant to Rule 4:6-2(e). SNET is a telecommunications corporation that provides, in part ... have constructive knowledge of the filed tariff. (Pp. 7 - 9). 2. A strict application of the filed rate doctrine advances two ... prevention of price discrimination by carriers as among ratepayers; and 2) the preservation of the exclusive role of federal agencies in ... this appeal comes to us on a Rule 4:6-2(e) motion to dismiss, we accept as true all factual ... moved to dismiss the complaint pursuant to Rule 4:6-2(e), arguing that plaintiff's claim was barred by the ... well as all "classifications, practices, and regulations affecting such charges." 2 47 U.S.C.A. § 203(a). Under the ...

docket:	a-56-02
court:
decided:	2004-01-21
status:
citation:	178 N.J. 265 839 A.2d 850
Document Size:	115989

580 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.A. and T.P. -- rank: 548

... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.M.A., Defendant-Appellant. __________________________________ NEW JERSEY DIVISION OF YOUTH AND ... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. L.M.A. and T.P., Defendants-Respondents. __________________________________ IN THE MATTER ... minors. _______________________________________________________ DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.M.A., Defendant-Appellant. __________________________________ DIVISION OF YOUTH AND FAMILY SERVICES ... J. Walker, Designated Counsel, argued the cause for appellant mother, L.M.A. in A-4986-07 (Yvonne Smith Segars, Public ... Harrigan, Designated Counsel, argued the cause telephonically for respondent mother, L.M.A. in A-3979-08 (Yvonne Smith Segars, Public ... the brief). Yvonne Smith Segars, Public Defender, attorney for appellants L.M.A. and T.P. in A-4127-08 ...

docket:	a4987-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	Published
citation:
Document Size:	230008

581 State v. Cecilia X. Chen -- rank: 548

... that unreliable, misleading evidence is not admitted. (pp. 12-15) 2. The Court notes that identification evidence has historically raised serious ... highly suggestive circumstances that could lead to a mistaken identification, (2) the State must then offer proof to show that the ... cause for appellant ( Luis A. Valentin , Monmouth County Prosecutor). Alan L. Zegas argued the cause for respondent ( Law Offices of Alan L. Zegas , attorneys, Mr. Zegas and William Nossen on the briefs ... Early Release Act, N.J.S.A. 2C:43-7.2, and merged all of the remaining counts into that count ... U.S. 98, 114, 97 S. Ct. 2242, 2253, 53 L. Ed. 2d 140, 154 (1977)). Ultimately, if the court ...

docket:	A-69-08
court:	NJ Supreme Court
decided:	2011-08-24
status:
citation:	207 N.J. 404 25 A.3d 256
Document Size:	114940

582 STATE OF NEW JERSEY v. C.D. -- rank: 548

... protect the identity of this alleged victim of sexual abuse. 2 A-0055-12T2 Thereafter the case was permanently reassigned to ... submitted a report authored by the child's treating psychologist.2 In response, defendant a filed a cross-motion seeking the ... the jury the videotaped statement Robin gave to the detective. 2 As will be discussed in more detail later in this ... Release Act (NERA), N.J.S.A. 2C:43-7.2. In this appeal, defendant argues the trial court committed reversible ... motion to admit the test that revealed Robin had chlamydia; (2) failing to exclude the videotaped statement Robin gave to the ... the emergency department that she had had some occasional vagina[l] discharge.6 Robin's mother M.G. corroborated her ...

docket:	a0055-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-12
status:	unpublished
citation:
Document Size:	81977

583 STATE OF NEW JERSEY v. TYRELL JACKSON -- rank: 548

... Early Release Act, N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following contentions: POINT I THE ... record. Reid's girlfriend, F.B., 1 testified at trial 2 that at approximately 12:30 a.m. on May 9 ... trauma the incident caused her and indicated that she "remember[ed] his eyes [and] his face." At trial, she identified defendant as the shooter. L.P. testified at trial that defendant and Dricketts were known ... deal drugs from her house in Elizabeth called the Honeycomb. L.P. was, at the time of Reid's murder, a ... for drug users and drug dealers. In exchange for drugs, L.P. allowed drug dealers to stay at the house ...

docket:	a2372-11
court:	NJ Superior Court Appellate Division
decided:	2016-09-12
status:	unpublished
citation:
Document Size:	48422

584 STATE OF NEW JERSEY v. LLOYD G. EDMISTEN -- rank: 548

... 1 Dr. Frumkin reported that clinical testing showed defendant "appear[ed] to have a learning disability" and had "a Full Scale ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1); two counts of third-degree aggravated criminal sexual ... under N.J.S.A. 2C:43-6.4(e). 2 The prosecutor altered the initial offer, instead offering a recommendation ... The matter was listed on our sentencing calendar. See R. 2:9-11. Defendant argued that his 2000 plea counsel failed ... Washington , 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and State v. Fritz , 105 ...

docket:	a5119-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	54300

585 DIVISION OF YOUTH AND FAMILY SERVICES v. T.P. -- rank: 548

... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.M.A., Defendant-Appellant. __________________________________ NEW JERSEY DIVISION OF YOUTH AND ... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. L.M.A. and T.P., Defendants-Respondents. __________________________________ IN THE MATTER ... minors. _______________________________________________________ DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.M.A., Defendant-Appellant. __________________________________ DIVISION OF YOUTH AND FAMILY SERVICES ... J. Walker, Designated Counsel, argued the cause for appellant mother, L.M.A. in A-4986-07 (Yvonne Smith Segars, Public ... Harrigan, Designated Counsel, argued the cause telephonically for respondent mother, L.M.A. in A-3979-08 (Yvonne Smith Segars, Public ... the brief). Yvonne Smith Segars, Public Defender, attorney for appellants L.M.A. and T.P. in A-4127-08 ...

docket:	a4127-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	Published
citation:
Document Size:	230366