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91 GLORIA BINKOWSKI, ET ALS V. STATE OF NEW JERSEY -- rank: 758

... admitted pro hac vice , argued the cause for appellants (Gary L. Francione, attorney; Ms. Charlton on the brief).         Barbara Conklin, Deputy ... of wildlife, and supplementing Title 23 of the Revised Statutes." L. 1993, c. 11 (codified at See footnote 1 Section 2 is entitled "Hindering or preventing the lawful taking of wildlife ... person lawfully taking wildlife.         [ N.J.S.A. 23:7A-2.]     The statute allows the State to seek injunctive relief and ... in the protection of animals in New Jersey, See footnote 2 filed a complaint against the State of New Jersey seeking ... a) and (g) of N.J.S.A. 23:7A-2.     On September 27, 1997, the Law Division heard oral ...

docket:	a3963-97
court:	njappellate
decided:	1999-06-24
status:	published
citation:	<a href=
Document Size:	70832

92 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 758

... PROBATION SERVICES     Defendant. _______________________________________ Text Box March 17, 2006 Argued November 2, 2005 - Decided Before Judges Stern, Parker and Grall. On appeal ... from Superior Court of New Jersey, Law Division, Mercer County, L-346-04. Larry Etzweiler, Senior Deputy Attorney General, argued the ... Attorneys General, of counsel; Mr. Etzweiler, Janet Flanagan and Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg ... in A-2320-04T3; appellants in A-2671-04T3 (Edward L. Barocas, on the brief). The opinion of the court was ... 53:1-20.17 to -20.28, as amended by L. 2003, c. 183, § 1. The Act establishes a databank and ... N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118. See footnote 1 On that date, ...

docket:	A2671-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121823

93 COMMITTEE TO RECALL ROBERT MENENDEZ FROM THE OFFICE OF U.S. SENATOR v. NINA MITCHELL WELLS -- rank: 758

... ELECTIONS, Defendants-Respondents, and ROBERT MENENDEZ, Indispensable Party. _________________________________ Argued: March 2, 2010 - Decided: Before Judges Stern, Graves and Sabatino. On appeal ... New Jersey in the United States Senate. Under federal law, 2 U.S.C.A. § 1a, New Jersey presented the Senate ... beginning on January 3, 2007. 153 Cong. Rec. S3 (daily ed. Jan. 4, 2007). On January 4, 2007, the Vice President ... art. I, ¶ 2b, was adopted in 1993. On the November 2, 1993 ballot, public question number one asked voters, "[s]hall Article 1, paragraph 2 of the [New Jersey] Constitution be amended, as proposed by ... in favor of the public question, and article I, paragraph 2 of the New Jersey Constitution was amended and now ...

docket:	a2254-09
court:	superior court appellate division
decided:	2010-03-16
status:	published
citation:	413 N.J. Super. 435 995 A.2d 1109
Document Size:	131497

94 State of New Jersey v. Richard A. Ravotto -- rank: 755

... the influence has no legal right to refuse chemical testing, 2) the police are not required to obtain consent, and 3 ... or attempting to evade arrest by flight. (pp. 8-10). 2. In Schmerber v. California , 384 U.S. 757 (1966), the ... California , 384 U.S. 757 , 86 S. Ct. 1826 , 16 L. Ed.2d 908 (1966), permit blood to be taken over the ... U.S. 33 , 39, 117 S. Ct. 417 , 421, 136 L. Ed.2d 347 , 354 (1996); State v. Stelzner , 257 N. ...

docket:	a-45-00
court:	njsupreme
decided:	2001-07-26
status:
citation:	169 N.J. 227
Document Size:	100906

95 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 755

... PROBATION SERVICES     Defendant. _______________________________________ Text Box March 17, 2006 Argued November 2, 2005 - Decided Before Judges Stern, Parker and Grall. On appeal ... from Superior Court of New Jersey, Law Division, Mercer County, L-346-04. Larry Etzweiler, Senior Deputy Attorney General, argued the ... Attorneys General, of counsel; Mr. Etzweiler, Janet Flanagan and Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg ... in A-2320-04T3; appellants in A-2671-04T3 (Edward L. Barocas, on the brief). The opinion of the court was ... 53:1-20.17 to -20.28, as amended by L. 2003, c. 183, § 1. The Act establishes a databank and ... N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118. See footnote 1 On that date, ...

docket:	A2320-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121848

96 HOWARD GOLDSON, CONTINENTAL INS., CO., VS CARVER BOAT CORP., ET AL -- rank: 755

... to the boat itself. Applying Alloway v. General Marine Industries, L.P. , 149 N.J. 620 (1997), the court concluded that ... inherent in tort principles. Citing Alloway v. General Marine Industries, L.P. , 149 N.J. at 638, plaintiff notes that our ... Cleveland , 409 U.S. 249 , 93 S.Ct. 493 , 34 L.Ed.2d 454 (1972), the United States Supreme Court adopted a ... waters. Id. at 268, 93 S.Ct. at 504, 34 L.Ed. 2d at 467. If so, the inquiry shifts to ...

docket:	a6443-96
court:	njappellate
decided:	1998-03-31
status:	published
citation:	309 N.J. Super. 384
Document Size:	40883

97 State of New Jersey v. Byseem T. Coles -- rank: 753

... who is absent for any other reason. (pp. 16-21) 2. Like federal law, New Jersey law recognizes a third partyâ ... curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas , Legal Director and Ronald K. Chen , Acting Dean of ... California , 571 U.S. ___, ___, 134 S. Ct. 1126 , 1134, 188 L. Ed.2d 25 , 35 (2014). I. A. The facts as summarized ... “nervous” and “fidgety.” James conducted a Terry 2 frisk and called for a backup unit because a police ... U.S. 103 , 121, 126 S. Ct. 1515 , 1527, 164 L. Ed.2d 208 , 226-27 (2006), the panel concluded ...

docket:	A-15-12
court:	NJ Supreme Court
decided:	2014-05-19
status:
citation:	218 N.J. 322 95 A.3d 136
Document Size:	122731

98 Richard W. Berg v. Hon. Christopher J. Christie -- rank: 750

... 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right ... granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A ... the pay-as-you-go funding scheme was fiscally untenable. L. 1997, c. 113, § 5 (Chapter 113). Then, in 2011 ... at the 2011 level for current and future qualifying retirees. L. 2011, c. 78, § 25. The suspension of State pension ... standard, and it applies in this appeal. (pp. 18-25) 2. With the standard established, the Court turns to the statutes ... with a close examination of the non-forfeitable-right statute, L. 1997, c. 113, § 5. Using the Public Employees’ ...

docket:	A-71-72
court:	NJ Supreme Court
decided:	2016-06-09
status:
citation:
Document Size:	174735

99 State of New Jersey v. Timyan Cabbell -- rank: 750

... constitutional substitute when the witness is available. (pp. 17-21) 2. The trial court was clearly mistaken when it responded that ... had the clear capacity to cause an unjust result. R. 2:10-2. The Court is therefore compelled to overturn defendants’ convictions and ... and William P. Welaj , Designated Counsel, on the briefs). Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ... J.S.A. 2C:11-3(a)(1) and/or (2), third-degree unlawful possession of a handgun without a permit ... truthfulness of the account given in her April 2004 statement. 2 After Martin testified, the court observed: “[W]e ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312

100 Riley v. New Jersey State Parole Board -- rank: 748

... result of the dissent in the Appellate Division. See R. 2:2-1(a). The sole issue on appeal as of right ... that SOMA, passed in 2007, was triggered by Riley’s 2 009 Tier 3 Megan’s Law designation and therefore was ... been regarded in our history and traditions as a punishment”; (2) “imposes an affirmative disability or restraint”; (3) “promotes ... Schubert , 212 N.J. 295, 308 (2012). (pp. 17-27) 2. The Court rejects the Parole Board’s argument that it was the 2 009 Tier 3 high-risk designation and not the ...

docket:	A-94-11
court:	NJ Supreme Court
decided:	2014-09-22
status:
citation:	219 N.J. 270 98 A.3d 544
Document Size:	159048

101 STATE OF NEW JERSEY v. JAMES L. LEGETTE -- rank: 748

... APPROVED FOR PUBLICATION v. May 18, 2015 APPELLATE DIVISION JAMES L. LEGETTE, a/k/a JAMES LEGGETTE, JR., a/k/a ... joins the opinion with the consent of the parties. R. 2:13-2(b). Defendant James Legette was properly detained by a police ... Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 778 (1982); State v. Bruzzese, 94 N.J. 210 ... denied, 465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984). 2 A-1207-13T3 We ...

docket:	a1207-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	published
citation:	441 N.J.Super. 1 116 A.3d 32
Document Size:	76388

102 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 745

... way of a videotape deposition pursuant to Rule 3:13-2. Following a trial using this procedure, both defendants were convicted ... a "mental incapacity" within the meaning of Rule 3:13-2. Essentially, they argue that the judge erroneously relied upon the ... War's "mental incapacity" as required by Rule 3:13-2.     The State contends that the judge made a case specific ... satisfied the requirements of the Confrontation Clause. Rule 3:13-2 is the controlling court rule with regard to the taking ... N.J. Court Rules , comment 1 on R. 3:13-2 (2003) ( Report of the Supreme Court Comm. on Criminal Practice , 118 N.J.L.J. Index Page 139 (1983)). Furthermore, the procedure employed ...

docket:	a5680-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	360 N.J. Super. 101
Document Size:	69985

103 IMO THE ADOPTION OF AMENDMENTS TO N.J.A.C. 6:28-2.10, 3.6 AND 4.3 -- rank: 745

... ADOPTION OF AMENDMENTS TO N.J.A.C. 6:28- 2.10, 3.6 and 4.3 _________________________________________________________         Argued October 21, 1997 ... U.S.C.A. §1400 to -1485, amended by Pub. L. No. 105-17, § 601 to -657, 111 Stat. 37 (1997) ( 20 U.S.C.A. §1400 to ... published proposed amendments to N.J.A.C. 6:28-2.10, 3.6 and 4.3, including the amendment to ... 20 U.S.C.A. §1400 (c), amended by Pub. L. No 107-17, § 601(d)(1)(A), 111 Stat. 42 (1997) ( 20 U.S.C.A. §1400 ( ...

docket:	a6775-93
court:	njappellate
decided:	1997-11-13
status:	published
citation:	305 N.J.Super. 389
Document Size:	50286

104 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 745

... way of a videotape deposition pursuant to Rule 3:13-2. Following a trial using this procedure, both defendants were convicted ... a "mental incapacity" within the meaning of Rule 3:13-2. Essentially, they argue that the judge erroneously relied upon the ... War's "mental incapacity" as required by Rule 3:13-2.     The State contends that the judge made a case specific ... satisfied the requirements of the Confrontation Clause. Rule 3:13-2 is the controlling court rule with regard to the taking ... N.J. Court Rules , comment 1 on R. 3:13-2 (2003) ( Report of the Supreme Court Comm. on Criminal Practice , 118 N.J.L.J. Index Page 139 (1983)). Furthermore, the procedure employed ...

docket:	a5636-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	*CITE_PENDING*
Document Size:	69961

105 State v. Johnnie Davila -- rank: 742

... summarized). State v. Johnnie Davila (A- 20 -09) Argued February 2, 2010 -- Decided July 14 , 2010 LaVECCHIA, J ., writing for a ... a legitimate purpose, which may include consent to enter; and (2) the officers on the scene have a reasonable articulable suspicion ... be upheld only if it is (1) conducted quickly, and (2) restricted to areas where the person posing a danger could ... record contains adequate, substantial and credible support. (pp. 14-16) 2. The Fourth Amendment protects the people's right to be ... a legitimate purpose, which may include consent to enter; and (2) the officers have a reasonable articulable suspicion that the area ... will be upheld only if (1) it is cursory, and (2) it is limited in scope to locations in which ...

docket:	a-20-09
court:	supreme
decided:	2010-07-14
status:
citation:	203 N.J. 97 999 A.2d 1116
Document Size:	153925