Search Rutgers Law Library N.J. Court Opinions

31 ABBOTT v. BURKE -- rank: 851

... of the Constitution. See N.J. Const. art. VIII, § 2, ¶ 2. Although it is true that past decisions of this Court ... Abbott districts the promise of educational opportunity. (pp. 14-28) 2. In the instant matter, after reviewing the parties’ briefs on ... the Legislature, N.J. Const. art. VIII, § II, ¶ 2, this Court should defer to the appropriations choices made by ... suspend not a statutory right, but rather a constitutional obligation, 2) which has been the subject of more than twenty court ... ordered here should not be granted on a 3-to-2 vote. JUSTICE HOENS has filed a separate, DISSENTING opinion, ...

docket:	m-1293-09_5
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669616

32 State of New Jersey v. William B. Eckel -- rank: 849

... based on their own state constitutional provisions. (Pp. 8-19) 2. Although Article I, Paragraph 7 of the New Jersey Constitution ... Belton , 453 U.S. 454 , 101 S. Ct. 2860 , 69 L. Ed.2d 768 (1981), has concluded otherwise in interpretating the Federal ... rolled up in the shorts and opened it. See footnote 2 Inside, there was an additional baggie, inside of which were ... S. , 232 U.S. 383 , 34 S. Ct. 341 , 58 L. Ed. 652 (1914), to the effect that law-enforcement officials ...

docket:	a-95-04
court:	njsupreme
decided:	2006-01-10
status:
citation:	*CITE_PENDING*
Document Size:	77506

33 Planned Parenthood of Central New Jersey v. John J. Farmer, Jr. -- rank: 835

... surgical care related to pregnancy and childbirth. (Pp. 15-27). 2.����Other states have enacted legislation similar to New Jersey's ... or her child.� N.J.S.A. 9:17A-1.2. We decide today that the classification created by the Legislature ... U.S. 833 , 851, 112 S. Ct. 2791 , 2807, 120 L. Ed.2d 674 , 698 (1992). Because a minor's right to ... 1999, by its terms to take effect ninety days thereafter. L. 1999, c. 145, � 2 to 13 (codified at See footnote 1 1 sought ...

docket:	a-52-99
court:	njsupreme
decided:	2000-08-15
status:
citation:	165 N.J. 609
Document Size:	135577

34 State of New Jersey v. Timyan Cabbell -- rank: 835

... 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

35 State v. Terrence Miller -- rank: 830

... A-35-11) (068558) Argued September 11, 2012 -- Decided October 2, 2013 patterson , J., writing for a majority of the Court ... trial court’s decision. Defendant appealed as of right. R. 2:2-1(a)(2). HELD : The trial judge’s denial of an adjournment did ... competent counsel with no conflict of interest. (pp. 17-25) 2. Defendant seeks to extend the presumption of prejudice recognized by ... clearly unreasonable in the light of the surrounding circumstances and (2) the ruling must have prejudiced the complaining party. The ...

docket:	A-35-11
court:	NJ Supreme Court
decided:	2013-10-02
status:
citation:	216 N.J. 40 76 A.3d 1250
Document Size:	146820

36 State v. William L. Witt -- rank: 828

... any opinion may not have been summarized.) State v. William L. Witt (A-9-14) (074468) Argued April 14, 2014 -- Decided ... v. Pena-Flores , 198 N.J. 6 (2009). Defendant William L. Witt was charged in an indictment with second-degree unlawful ... At the suppression hearing, Officer Racite testified that at approximately 2:00 a.m., while providing backup for a motor-vehicle ... stop was not preserved for appellate review. (pp. 8-10) 2. Having addressed defendant’s challenge to the lawfulness of the ... New Jersey is permissible where (1) the stop is unexpected; (2) the police have probable cause to believe that the vehicle ... warrants, with the process taking, on average, 1.5 to 2 hours. The State Police also reported that since Pena- ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

37 State v. John Martini, Sr -- rank: 828

... to damaging rebuttal evidence by the State. (pp. 12-16) 2. An ineffective assistance of counsel claim requires proof that counsel ... William H. Schmidt , Bergen County Prosecutor, attorney; Ms. Sciacca , Fred L. Schwanwede , First Assistant Prosecutor, and Marilyn Goceliak Zdobinski , Special Deputy Attorney General, of counsel). Alan L. Zegas submitted a brief on behalf of respondent John Martini ... Supreme Court denied Martini's petition for certiorari on October 2, 1995, 516 U.S. 875 , 116 S. Ct. 203 , 133 L. Ed.2d 137 (1995), the Law Division issued a warrant ...

docket:	a-222-97
court:	njsupreme
decided:	1999-07-27
status:
citation:	160 N.J. 248
Document Size:	164921

38 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 828

... area," restriction imposed by Chimel v. California . (pp. 14-29) 2.����The custodial arrest of Grass for operating a motor vehicle ... Belton , 453 U.S. 454 , 101 S. Ct. 2860 , 69 L.�Ed.2d 768 (1981), which held that "when a policeman has ... automobile." Id. at 460, 101 S. Ct. at 2864, 69 L.�Ed. 2d at 775 (footnote omitted). Defendant contends that both the ... 1992). Defendant appeals to this Court as of right. R. 2:2-1(a). I ����The facts are essentially undisputed. ...

docket:	a-19-93
court:	njsupreme
decided:	1994-06-15
status:
citation:	136 N.J. 184
Document Size:	117446

39 R.F. and R.F. v. Abbott Laboratories -- rank: 825

... federal regulations as well as federal statutes. (pp. 30-33) 2. Before the Appellate Division, the parties focused on whether the ... BCBC was defective under N.J.S.A. 2A:58C-2, See footnote 1 1 because its package insert failed to ... failure to warn under N.J.S.A. 2A:58C-2. I. ����A. Facts ����In 1981, five cases of a rare ... its antigen components, rather than the virus itself. See footnote 2 2 Dr. Gallo's prototype test used a bead coated with ... who could: (1) grow the virus �on a large scale;� (2) develop an ELISA test kit for distribution to blood ...

docket:	a-66-98
court:	njsupreme
decided:	2000-02-29
status:
citation:	162 N.J. 596
Document Size:	179977

40 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 817

... M. Hebbon, Designated Counsel, on the brief). A-2754-17 2 Joseph E. Krakora, Public Defender, attorney for appellant Altyreek Leonard ... various defendants moved to: (1) dismiss counts of the indictment; (2) suppress statements to police, physical evidence seized pursuant to a ... to engage in racketeering, N.J.S.A. 2C:5-2 and 2C:41-2(c) and (d) (count one); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (counts two, six, and eleven); second ... possession of a handgun, N.J.S.A. 2C:5-2 and 2C:39-5(b) (count fifty-eight); second- ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

41 STATE OF NEW JERSEY v. STEPHEN WORTMAN -- rank: 817

... Submitted: April 14, 2010 – Decided: Before Judges Payne, C.L. Miniman and Waugh. On appeal from Superior Court of New ... Phenobarbital, codeine (in a liquid cough syrup), Temazepam, and Oxycodone. 2 S.M. was examined by a Sexual Assault Nurse Examiner ... Release Act (NERA), N.J.S.A. 2C:43-7.2, applied to defendant's conviction for aggravated sexual assault. For ... Super. 315 , 320 (App. Div. 2001)); see also Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... U.S. 806 , 807, 95 S. Ct. 2525 , 2527, 45 L. Ed.2d 562 , 566 (1975). "Stated another way, the question ...

docket:	a3403-06
court:	superior court appellate division
decided:	2011-01-21
status:	Unpublished
citation:
Document Size:	148799

42 In Re: Reglan Litigation -- rank: 817

... 2A:58C-1 to -11, are preempted by federal law. 2 In 2004 , the brand-name manufacturer of Reglan received approval ... full purposes and objectives of federal law. (pp. 15-16) 2. Under the Federal Food, Drug and Cosmetic Act (FDCA), 21 ... and Patent Term Restoration (Hatch-Waxman) Act of 1981, Pub. L. No. 98-417, 98 Stat. 1585 (1984), with the goal ... Inc. and United Research Laboratories, Inc.; Anita R. Hotchkiss , Henry L. Miller, III , Joseph P. Thomas , Joseph P. LaSala , Walter R ... for respondents Plaintiffs ( Oshman & Mirisola , attorneys; Theodore Oshman and Jason L. Pullman , on the briefs). Beth S. Rose submitted a brief ... Mensing , 564 U.S. 604 , 131 S. Ct. 2567 , 180 L. Ed.2d 580 (2011), defendants argue that federal law ...

docket:	a-56-14
court:	New Jersey Supreme Court
decided:	2016-04-11
status:
citation:
Document Size:	95381

43 State v. Dionte Byrd; State v. Freddie Dean, Jr. -- rank: 817

... Jr. (A-105-07) Argued January 5, 2009 -- Decided April 2, 2009 ALBIN, J., writing for the Court. In a matter ... the defendant made the witness unavailable to testify at trial. 2 In 2001 , defendants Dionte Byrd and Freddie Dean, Jr. decided ... wrongdoing forfeits the constitutional right to confrontation. (Pp. 19—25). 2. The Court takes notice of the persistent problem of witness ... JR., Defendant-Respondent. Argued January 5, 2009 – Decided April 2, 2009 On certification to the Superior Court, Appellate Division, whose ... loaded shotgun, N.J.S.A. 2C:39-5(c)(2), and of possessing a shotgun for an unlawful purpose, N ... may die,” Bush decided it was time to leave. 2 The court also permitted the jury to hear that ...

docket:	a-105-07
court:
decided:	2009-04-02
status:
citation:	198 N.J. 319
Document Size:	240703

44 DUTCH RUN-MAYS DRAFT, LLC v. WOLF BLOCK, LLP -- rank: 812

... v. APPELLATE DIVISION WOLF BLOCK, LLP, Defendant-Respondent. _______________________________ Argued March 2, 2017 - Decided July 5, 2017 Before Judges Lihotz, Hoffman and ... Court of New Jersey, Law Division, Camden County, Docket No. L- 2690-14. Jonathan O'Boyle argued the cause for appellant ... v. Bauman, 571 U.S. __, 134 S. Ct. 746, 187 L. Ed. 2d 624 (2014), recites the minimum due process requisites to ... the forum. Id. at __, 134 S. Ct. at 761, 187 L. Ed. 2d at 641. Furthermore, the United States Supreme Court ...

docket:	a0922-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-05
status:	published
citation:	450 N.J.Super. 590 164 A.3d 435
Document Size:	52885

45 STATE OF NEW JERSEY v. THOMAS NEVIUS -- rank: 804

... murder, N.J.S.A. 2C:11-3a(1) and (2) 1 ; felony murder, N.J.S.A. 2C:11-3a ... 3); second-degree burglary, N.J.S.A. 2C:18-2; and third-degree conspiracy to commit burglary, N.J.S.A. 2C:18-2 and N.J.S.A. 2C:5-2. 2 He was sentenced to an aggregate of sixty-five years ... Release Act (NERA), N.J.S.A. 2C:43-7.2, requirement of 55 years, three months and one day ...

docket:	a5438-07
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 379 45 A.3d 360
Document Size:	105164