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4456 A-0STATE OF NEW JERSEY v. ERIC HILLMAN May 22 2015 -- rank: 227

... these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following comments. "[T]rial by jury ... U.S. 276 , 312, 50 S. Ct. 253 , 263, 74 L. Ed. 854 , 870 (1930)); see also R. 1:8-1(a ... the constitutional right to jury trial with advice of counsel; (2) determine whether the waiver is tendered in good faith or ... 183 , 189 (2007); State v. Brown , 190 N.J. 144 , 158-59 (2007). Here, defendant testified about the execution of ...

docket:	a3017-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	17207

4457 IN THE MATTER OF FRANK J. RUSSO, OCEAN COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS -- rank: 227

... to take the camera and that it was a mistake. 2 Russo was charged with disorderly persons offense of theft by ... whether the agency's decision conforms with the relevant law; (2) whether the decision is supported by substantial credible evidence in ... 208 N.J. at 194; see also In re Taylor , 158 N.J. 644 , 656 (1999) (discussing the narrow appellate standard ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 Russo claimed that his reason for entering the cabinet ...

docket:	a1109-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18285

4458 JOYCE RICHARDSON v. DEBORAH HEART & LUNG CENTER -- rank: 227

... Court of New Jersey, Law Division, Camden County, Docket No. L-2101-07. Van Syoc Chartered, attorneys for appellant (Sebastian B ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins ... entitles you to allege that you're engaged in protect[ed] activities. Now certainly if the plaintiff was being advised to ... law, or a rule or regulation promulgated pursuant to law . . . ; (2) is fraudulent or criminal . . . ; or (3) is incompatible with a ... pursuant to law, or a clear mandate of public policy; (2) he or she performed a "whistle-blowing" activity described in ... the Supreme Court held in Higgins v. Pascack Valley Hospital , 158 N.J. 404 , 418-24 (1999), that a plaintiff' ...

docket:	a4611-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-28
status:	unpublished
citation:
Document Size:	38986

4459 STATE OF NEW JERSEY v. ALFREDO LOPEZ -- rank: 227

... to second-degree eluding, N.J.S.A. 2C:29-2(b); second-degree possession of heroin with the intent to ... S.A. 2C:35-5(a)(1) and -5(b)(2); third-degree possession of heroin, N.J.S.A. 2C ... temporal proximity between the illegal conduct and the challenged evidence; (2) the presence of intervening circumstances; and (3) the flagrancy and ... denied , 549 U.S. 1078 , 127 S. Ct. 740 , 166 L. Ed.2d 563 (2006). When defendant fled the scene after being ... of police officers" (quoting State v. Tucker , 136 N.J. 158 , 172 (1994))). In summary, even assuming the officers did ...

docket:	a5736-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	23401

4460 STATE OF NEW JERSEY v. K.S -- rank: 227

... attorney; Mr. Blum, of counsel and on the brief). James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a); and fourth-degree criminal mischief, N.J ... a breath test, N.J.S.A. 39:4-50.2. Defendant's initial appeal from denial of PTI was heard ... of such kind "that the public need for prosecution outweigh[ed] the value of supervisory treatment." At the December 10, 2010 ... was sentenced in accord with the plea agreement on September 2, 2011. On appeal, defendant raises the following point: POINT I ... program diverting criminal defendants from formal prosecution." State v. Caliguiri , 158 N.J. 28 , 35 (1999). Admissions into PTI are ...

docket:	a2011-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-12
status:	Published
citation:
Document Size:	26680

4461 DANIEL J. HUGHES VS MARIANNE S. HUGHES -- rank: 227

... April 1996. Although the judgment of divorce was signed August 2, 1996, the final order for custody, visitation and equitable distribution ... as she had intended prior to her marriage. See footnote 2 The judge, however, placed great emphasis on the length of ... Super. 609 , 611-12 (Ch. Div. 1982); Turner v. Turner , 158 N.J. Super. 313 , 318-19 (Ch. Div. 1978); see ... denied , 451 U.S. 971 , 101 S.Ct. 2049 , 68 L.Ed.2d 350 (1981), where the marriage was of three and ... problem in equitable distribution that will be discussed infra . Footnote: 2 Plaintiff was ordered to pay defendant's educational costs ...

docket:	a0123-96
court:	njappellate
decided:	1998-04-29
status:	published
citation:	311 N.J.Super. 15
Document Size:	49630

4462 STATE OF NEW JERSEY v. GARY WILLIAMS -- rank: 227

... controlled dangerous substance, cocaine, N.J.S.A. 2C:5-2, 106 N.J. 123 , 320 (1987). However, a prosecutor can ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958)). With this balancing of concepts in mind ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). Appellate courts are to determine ... barred, defendant not having moved for a new trial, R. 2:10-1, it disregards the evidence presented by the ...

docket:	A0784-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-24
status:	unpublished
citation:
Document Size:	22958

4463 STATE OF NEW JERSEY v. M.N. -- rank: 227

... JERSEY, Plaintiff-Respondent, v. M.N., Defendant-Appellant. ____________________________________________ Submitted December 2, 2009 - Decided Before Judges Graves and Newman. On appeal from ... Release Act (NERA), N.J.S.A. 2C:43-7.2, for the first-degree sexual assault with a consecutive five ... whether the defendant has asserted a credible claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... satisfy the more rigorous standard of "manifest injustice." Id. at 158. At the outset, we note that defendant's reason for ... 693-96 (1984), 104 S.Ct. 2052 , 2067-69, 80 L. Ed.2d 674 , 697-99 (1984); State v. Fritz , 105 ...

docket:	a6015-07
court:	superior court appellate division
decided:	2009-12-24
status:	unpublished
citation:
Document Size:	42787

4464 STATE OF NEW JERSEY v. ISAIAH SANTIAGO -- rank: 227

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 (Count Two); third-degree aggravated assault, N.J.S.A ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... 115 N.J. 415 , 420-21 (1989). Rule 3:9-2 governs the taking of pleas, and provides in relevant part ... people of their liberty." Slater , supra , 198 N.J. at 158. In weighting such motions, trial courts must consider whether a ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). (continued) (continued) 11 A-4688-08T4 ...

docket:	a4688-08
court:	superior court appellate division
decided:	2010-06-03
status:	unpublished
citation:
Document Size:	40233

4465 STATE OF NEW JERSEY v. DONALD T. RIVERS -- rank: 227

... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in respect to the court's ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Defendant was charged with violating N.J ... N.J. Super. 325 , 333 (App. Div. 1998), aff'd , 158 N.J. 149 (1999). No basis is presented to interfere with the jury's verdict. Affirmed. (continued) (continued) 2 A-3863-07T4 January 29, 2010 This archive is ...

docket:	a3863-07
court:	superior court appellate division
decided:	2010-01-29
status:	Unpublished
citation:
Document Size:	31760

4466 State v. Jeffrey Negran -- rank: 227

... on his or her amenability to rehabilitation. (pp. 7-9) 2. Courts allow prosecutors wide latitude in deciding whom to divert ... voluntary participation in recent intensive and ongoing alcohol dependency rehabilitation, 2) the fact that defendant had never been convicted of an ... others, the following criteria: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age ... J. Super. 9 (App. Div. 1997), aff’d after remand 158 N.J. 28 (1999) (holding in consolidated appeals that prosecutor ... McCarty , 468 U.S. 420 , 104 S. Ct. 3138 , 82 L. Ed.2d 317 (1984). This archive is a service of ...

docket:	a-75-02
court:	njsupreme
decided:	2003-11-25
status:
citation:	178 N.J. 73
Document Size:	33152

4467 DARRELL STEWART v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 227

... finding of guilt was not supported by substantial evidence and (2) the disciplinary report was not timely served. Having reviewed Stewart ... and not requiring extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644, 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We may not vacate an agency's ... as required by N.J.A.C. 10A:4-9.2, resulted from the ongoing nature of the overall investigation. ...

docket:	a2860-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	12054

4468 IN THE MATTER OF THE CIVIL COMMITMENT OF T.J.T. -- rank: 227

... N.J. 563 , 570 (quoting 130 S. Ct. 509 , 175 L. Ed.2d 361 (2009). The primary purpose of the SVPA is ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the ... Freedman in his oral opinion of January 20, 2010. R. 2:11-3(e)(1)(A). Nevertheless, we add the following ... N.J. Super. 477 , 486 (App. Div. 1998), certif. denied , 158 N.J. 74 (1999). Evidence that may be considered by ... specified. (continued) (continued) 10 A-2623-09T2 RECORD IMPOUNDED August 2, 2010 This archive is a service of Rutgers School ...

docket:	a2623-09
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	35283

4469 A-01215-14T4 STATE OF NEW JERSEY v. RASHAAN LEWIS -- rank: 227

... defendant's convictions. State v. Lewis , supra , slip op. at 2-5. We need not repeat them here. On direct appeal ... arguing that the trial court should have ordered a Wade 2 hearing with regard to the two bouncers who identified defendant ... matter asserted." N.J.R.E. 801; State v. White , 158 N.J. 230 , 238 (1999) (stating that hearsay is inadmissible ... Affirmed. 1 We reproduce the points as written by defendant. 2 United States v. Wade , 388 U.S. 218 , 87 S.Ct. 1926 , 18 L. Ed.2d 1149 (1967). This archive is a service of ...

docket:	a1215-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	21147

4470 COURTOF JEWELL R ANDERSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 227

... to the hearing officer, appellant was arrested at work between 2:30 p.m. and 3:00 p.m. because of ... by the Glassboro Police Department. This report revealed that, at 2:13 p.m. on December 30, 2014, the manager at ... Twp. , 199 N.J. 1, 9 (2009); In re Taylor , 158 N.J. 644 , 656 (1999). We will not disturb the ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). An appellate court may not reverse an ... merit to warrant discussion in a written opinion, see R. 2:11-3(e)(1)(E), or were not raised ...

docket:	a4071-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-06
status:	unpublished
citation:
Document Size:	17595