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871 STATE OF NEW JERSEY v. MICHAEL PECHKO -- rank: 493

... 31-10. John Menzel argued the cause for appellant. Bethany L. Deal, Assistant Prosecutor, argued the cause for respondent (Robert D ... admissibility of the breath test based on the missing data, (2) the denial of his motion for dismissal on speedy-trial ... denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008)], and the followup cases out of that ... s right to a speedy trial was violated. B. Factor 2 -- Reasons for delay: Delays caused by the tortured discovery history ... S. 83 , 87, 83 S. Ct. 1194 , 1196-97, 10 L. Ed.2d 215 , 218 (1963). The State has a " ...

docket:	a0871-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	unpublished
citation:
Document Size:	43385

872 STATE OF NEW JERSEY v. MICHAEL JOSEPH IPPOLITI -- rank: 493

... for appellant (William Welaj, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... him to the prosecutor's office. Defendant waived his Miranda 2 rights, consented to a search of his work and personal ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by the PCR ... U.S. at 687, l04 S. Ct. at 2064, 80 L. Ed. 2d at 693 (1984); accord State v. Fritz , 105 ...

docket:	a5776-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	38584

873 Campione v. Soden -- rank: 493

... the common-law doctrine of contributory negligence. (pp. 11-12) 2. A longstanding judicial response to cases where damages cannot be ... proximate cause of Campione's injuries from the first impact; (2) the first impact was a proximate cause of the second ... either the first or second impacts pursuant to section 5.2 of the Comparative Negligence Act, N.J.S.A. 2A ... the first impact was a proximate cause of the second; (2) Sacknowitz's conduct was negligent and a proximate cause of ... determined pursuant to N.J.S.A. 2A:15-5.2." However, the opinion continued to specify that "[a]ll parties ... II A     The Legislature enacted the Comparative Negligence Act (Act), L. 1987, c. 146, to ameliorate the harsh results attendant ...

docket:	a-14-96
court:
decided:	1997-07-09
status:
citation:	150 N.J. 163
Document Size:	77409

874 STATE OF NEW JERSEY v. ISSAC LENIN -- rank: 493

... States , 377 U.S. 201 , 84 S. Ct. 1199 , 12 L. Ed.2d 246 (1964). We disagree and hold that the right ... 682 , 688-89, 92 S. Ct. 1877 , 1881-82, 32 L. Ed.2d 411 , 417 (1972)). "Adversary judicial proceedings" begin by way ... U.S. at 689, 92 S. Ct. at 1882, 32 L. Ed. 2d at 417. In Massiah , supra , a defendant had ...

docket:	a6499-03
court:	njappellate
decided:	2009-04-07
status:	published
citation:	406 N.J. Super. 361
Document Size:	64995

875 State of New Jersey v. Olga Hrycak -- rank: 493

... Division. Michael P. Hrycak argued the cause for appellant. James L. McConnell , Assistant Prosecutor, argued the cause for respondent ( Wayne J ... J. 1 , 16 (1990), cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), the maximum jail sentence that could be ... S. 738 , 746-47, 114 S. Ct. 1921 , 1927, 128 L. Ed.2d 745 , 754 (1994). We granted defendant’s petition ...

docket:	a-18-04
court:	njsupreme
decided:	2005-07-20
status:
citation:	184 N.J. 351
Document Size:	43767

876 JUDY M. YOUNG v. DHL EXPRESS -- rank: 493

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-3978-07. Neal M. Unger argued the cause for appellant ... install," or when she was attending to an existing customer. 2 C. After she started working at DHL, plaintiff began to ... in four hours ď‚ľ from 10:00 a.m. until 2:00 p.m. ď‚ľ on Tuesday, August 30, 2005, and ... and four hours ď‚ľ from 10:00 a.m. until 2:00 p.m. ď‚ľ at CSP on Thursday, September 8 ... hours a day ď‚ľ from 10:00 a.m. until 2:00 p.m. ď‚ľ at CSP on Tuesdays and Thursdays ... at CSP's facility from 9:00 a.m. until 2:00 p.m. Nevertheless, plaintiff entered into the COMET ...

docket:	a0706-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-17
status:
citation:
Document Size:	66267

877 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 490

... Early Release Act, N.J.S.A. 2C:43-7.2. The charge stemmed from the fatal shooting of Michael Gaffney ... J. CONST. (1947) ART. I, PARA. 9). A-5473-17 2 POINT II THE TRIAL COURT ERRED IN ITS INSTRUCTION BY ... C)(3) AND UNDER [N.J.R.E.] 803(C)(2); THE GAFFNEY/LIMA STATEMENTS SHOULD ALSO HAVE BEEN RULED INADMISSIBLE ... 10). POINT VII THE TRIAL COURT COMMITTED PLAIN ERROR (R. 2:10-2) IN FAILING TO ADDRESS TO THE JURY (EITHER WITH A ... PURSUANT TO [ N.J.S.A.] 2C:44- 1[(F)](2) AND SENTENCED TO THE MINIMUM TERM PERMISSIBLE. We have ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

878 JEFFREY SAUTER v. COLTS NECK VOLUNTEER FIRE COMPANY NO. 2 -- rank: 490

... SAUTER, Plaintiff-Appellant, v. COLTS NECK VOLUNTEER FIRE COMPANY NO. 2; CHRISTOPHER QUINCANNON, individually and as a Supervisor of Colts Neck Volunteer Fire Company No. 2; KEVIN KETELSEN, JR., individually and as a Supervisor of Colts Neck Volunteer Fire Company No. 2; and JOHN SAUTER, individually and as a Supervisor of Colts Neck Volunteer Fire Company No. 2, Defendants-Respondents. _________________________________________ September 13, 2017 Submitted December 14, 2016 â ... Court of New Jersey, Law Division, Monmouth County, Docket No. L-2637-13. Richard C. Sciria, attorney for appellant. Dvorak & Associates ... his complaint against defendant Colts Neck Volunteer Fire Company No. 2, and several individual officers and members of the fire ...

docket:	a0354-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-13
status:	published
citation:	451 N.J.Super. 581 170 A.3d 351
Document Size:	62571

879 DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.T and C.C IN THE MATTER OF THE GUARDIANSHIP OF AM.T., J.T and AL.T Minors -- rank: 490

... MEANING OF N.J.S.A. 30:4C-15.1a(2). C. THE TRIAL COURT ERRED IN CONCLUDING THAT THE RECORD ... and sustaining a brain injury when he was a child. 2 Prior to this matter, the Division received several referrals regarding ... psychologist concluded that Greg's IQ score of 59 "plac[ed] him in the mild range of mental retardation," though his ... interactions with the children, Wells noted that Carol "typically relat[ed] to one child at a time, . . . read stories, provided instruction ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... quoting N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007)). Guided by these ...

docket:	a4982-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	93164

880 JOHN SMITH v. ARVIND R. DATLA, M.D. -- rank: 490

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1527-15. Mark A. Petraske argued the cause for appellants ... attorneys; Mr. Hubert, of counsel and on the brief; Keith L. Hovey and Brandon C. Simmons, on the brief). E. Drew ... period set forth in N.J.S.A. 2A:14-2, or instead by the one-year limitation period for defamation ... Defendants moved to dismiss the complaint under Rule 4:6-2(e) for "failure to state a claim upon which relief ... a motion to dismiss filed pursuant to Rule 4:6-2(e). Rezen Family Assoc., LP v. Borough of Millstone , 423 ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a1339-16
court:	NJ Superior Court Appellate Division
decided:	2017-07-12
status:	published
citation:	451 N.J.Super. 82 164 A.3d 1110
Document Size:	68409

881 STATE IN THE INTEREST OF J.F. -- rank: 490

... of New Jersey, Chancery Division, Family Part, Hudson County.         Susan L. Reisner, Public Defender, attorney for appellant (Cecelia Urban, Assistant Deputy ... to commit aggravated arson, N.J.S.A. 2C:5-2. An indeterminate term not to exceed one year at the ... Developmentally Disabled Juveniles Such As J.F. In Correctional Facilities.                 2.    It Was Illegal For The Trial Court To Both Incarcerate ... 123 , 135-37, 88 S. Ct. 1620 , 1627-28, 20 L. Ed.2d 476 , 485-86 (1968); State in the Interest of ... in understanding the warnings and the waiver thereof. See footnote 2 What is plain, moreover, is that the remainder of ...

docket:	a1478-94
court:	njappellate
decided:	1995-12-22
status:	published published
citation:	286 N.J.Super. 89
Document Size:	44296

882 STATE OF NEW JERSEY v. JEFFREY AYERS -- rank: 490

... J.S.A. 2C:11-3(a)(1), -3(a)(2) (count one); first-degree felony murder, N.J.S.A ... conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1 (count six). At the conclusion of defendant's ... certification. State v. Ayers , 208 N.J. 598 (2011). B. 2 Defendant's conviction arose from events that occurred on the ... his PCR petition, defendant stated that his trial counsel "coerc[ed him] into not testifying [and h]ad [he] testified, [he ... 223 N.J. Super. 409 , 424 (App. Div.), certif. denied , 111 N.J. 567 (1988)) (emphasis added).] Consequently, the court found ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693, as adopted by our Supreme ...

docket:	a1086-13
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	70608

883 /usr/local/share/www/libweb/collections/courts/appellate/a3814-12a4241-12.opn.html -- rank: 490

... M.R. appeared on that date and signed a Hudson 2 notice, advising him of the potential consequences should he fail ... the police lacked both reasonable suspicion and probable cause, and (2) this was not a mere investigative stop but rather the ... 1, 19-21, 88 S. Ct. 1868, 1879-80, 20 L. Ed. 2d 889, 904-06 (1968) (seizure of a person); cf ... 1994) (quoting Florida v. Bostick , 501 U.S. 429 , 439, 111 S. Ct. 2382 , 2389, 115 L. Ed.2d 389 , 402 (1991)). In applying that test, ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47531

884 State of New Jersey v. Ronald Sexton -- rank: 490

... to each material element of the offense. (pp. 7-9) 2. The Model Penal Code expressly recognizes that the mistake of ... defense. (pp. 14-15) 5. N.J.S.A. 2C:2-4a allows a defense of ignorance or mistake if the ... appellant ( Peter Verniero , Attorney General of New Jersey, attorney). Judith L. Borman , First Assistant Deputy Public Defender, argued the cause for ... appeal concern the meaning of N.J.S.A. 2C:2-4, governing the so-called mistake-of-fact defense to ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963). Finally, the Appellate Division found that ...

docket:	a-23-98
court:	njsupreme
decided:	1999-07-15
status:
citation:	160 N.J. 93
Document Size:	45221

885 Willie C. Rowe v. Mazel Thirty, LLC -- rank: 490

... LLC (A-95) (067237) Argued November 30, 2011 -- Decided February 2, 2012 Long , J., writing for a unanimous Court. In this ... same standards that govern all other citizens. (pp. 6-8) 2. The classic common law approach to premises liability is predicated ... consistent with the Court’s opinion. Chief JUSTICE rabner; justices L a Vecchia, Albin, hoens, and patterson; and JUDGE WEFING (temporarily ... LLC, Defendants-Respondents. Argued November 30, 2011 – Decided February 2, 2012 On certification to the Superior Court, Appellate Division. Pablo ... and afford that party all legitimate inferences. R. 4:46-2(c). So viewed, the facts are as follows: On December ... against defendants alleging that they “carelessly and negligently supervis[ed], maintain[ed] and controll[ed]” their premises and ...

docket:	A-95-10
court:	NJ Supreme Court
decided:	2012-02-02
status:
citation:	209 N.J. 35 34 A.3d 1248
Document Size:	65821