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1171 STATE OF NEW JERSEY v. MARCOS BARRIOS -- rank: 497

... County, Accusation No. A-360-02. Kaufman, Bern, Deutsch & Leibman, L.L.P, attorneys for appellant (Marc E. Leibman, of counsel and ... on the brief; Allyson M. Kasetta, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... in 2002. See 8 U.S.C.A. 1227(a)(2)(A)(iii). He further asserts that "[s]ince May 18 ... guilty plea. Defendant fails to meet either of the Strickland [ 2 ] requirements, and there exists no fundamental fairness exception. Counsel did ... Padilla v. Kentucky , __ U.S. __, 130 S. Ct. 1473 ; 176 L. Ed.2d 284 (2010), warranting vacation of the guilty ...

docket:	a2686-09
court:	superior court appellate division
decided:	2010-12-14
status:	Unpublished
citation:
Document Size:	31877

1172 New Jersey Division of Child Protection and Permanency v. R.L.M. -- rank: 497

... New Jersey Division of Child Protection and Permanency v. R.L.M. and J.J. (A-17-17) (079473) Argued September ... Protection and Permanency (Division) brought a guardianship action against R.L.M. and J.J., seeking to terminate their parental rights ... J. necessitated the termination of the parental rights of R.L.M. and J.J. An Appellate Division panel affirmed the ... affect them could be relaxed pursuant to Rule 1:1-2(a). Id. at 148. The Court granted J.J.â ... the SVPA setting, id. at 385-86. (pp. 16-21) 2. In a termination of parental rights case, the Division has ... to make a fair and expeditious decision. (pp. 21-25) 2 3. As amended in 1999, N.J.S.A. ...

docket:	a-17-17
court:	NJ Supreme Court
decided:	2018-12-10
status:
citation:	236 N.J. 123 198 A.3d 934
Document Size:	75641

1173 TOWNSHIP OF MONTVILLE v. MCA ASSOCIATES, L.P -- rank: 497

... 06T24327-06T2 TOWNSHIP OF MONTVILLE, Plaintiff-Respondent, v. MCA ASSOCIATES, L.P., Defendant/Third-Party Plaintiff-Appellant, v. DEPARTMENT OF ENVIRONMENTAL ... Court of New Jersey, Law Division, Morris County, Docket No. L-3718-02. Dennis J. Drasco argued the cause for appellant ... Appelt, P.C., attorneys; Mr. Bryce, on the brief). Barbara L. Conklin, Deputy Attorney General, argued the cause for respondents State ... on March 29, 2005, denying MCA's motion in limine; (2) an order entered on July 21, 2006 dismissing MCA's ... 8, 2007 in favor of MCA in the amount of $2,684,500. In June 1999, the Township began the condemnation ... Ch. Div. May 5, 1977), (1) ran with the land; (2) controlled and established MCA's development rights for valuation/ ...

docket:	a4327-06
court:	njappellate
decided:	2008-08-18
status:	unpublished
citation:	197 N.J. 14
Document Size:	55580

1174 STATE OF NEW JERSEY v. KESHAWN MC NEIL -- rank: 497

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Count One ... N.J.S.A. 2C:11-3(a)(1) and -(2) (Count Four); unlawful possession of a handgun, N.J.S ... Early Release Act, N.J.S.A. 2C:43-7.2, and the Graves Act, N.J.S.A. 2C:43 ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). We must hew to our standard of ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), adopted in State v. Fritz , ...

docket:	a2614-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-07
status:	unpublished
citation:
Document Size:	48191

1175 STATE OF NEW JERSEY v. EDGAR TORRES -- rank: 497

... Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed, rejecting defendant's arguments that the court erred ... in dismissing the original presentation from May 9, 2011. Point 2 The presentation of May 23, 2011 should have been dismissed ... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), we affirm his convictions. For reasons explained below, however, we ... denied , 513 U.S. 1090 , 115 S. Ct. 751 , 130 L. Ed.2d 651 (1995), because defendant was in custody and ...

docket:	a5901-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-31
status:	unpublished
citation:
Document Size:	57098

1176 Mancini v. Township of Teaneck -- rank: 497

... limitations for a LAD action is two years. (P. 6). 2. Typically, courts consider laches in the absence of the statute ... 1) whether an alleged act is unreasonably distant in time; (2) whether a plaintiff knew or should have known of a ... is reported at 360 N.J. Super. 575 (2003). Barry L. Asen argued the cause for appellants ( Epstein Becker & Green , attorneys ... law. 536 U.S. 101 , 122 S. Ct. 2061 , 153 L. Ed. 2 d 106 (2002). In so doing, it distinguished between “ ...

docket:	a-18-03
court:	njsupreme
decided:	2004-04-28
status:
citation:	179 N.J. 425
Document Size:	49952

1177 STATE OF NEW JERSEY v. ERICK WHORLINE -- rank: 497

... Early Release Act, N.J.S.A. 2C:43-7.2, in accord with the plea agreement. The trial court previously ... 2C:11-3(a)(1), and 2C:11-3(a)(2) (Count One); first-degree felony murder, N.J.S.A ... The court noted that defendant had an extensive criminal record. 2 Appointed counsel filed a notice of appeal roughly nine months ... 668, 687, 694, 104 S. Ct. 2052, 2064, 2068, 80 L. Ed. 2d 674, 693, 698 (1984) (defendant must establish (1) that ... was not functioning as guaranteed by the Sixth Amendment , and (2) that defendant was prejudiced such that there existed a ...

docket:	a5821-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	47860

1178 STATE OF NEW JERSEY v. MICHAEL JOSEPH IPPOLITI -- rank: 497

... 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

1179 IN THE MATTER OF DEAN J. SPENCER CAPE MAY COUNTY -- rank: 497

... of New Jersey, Law Division, Cape May County, Docket No. L-93-07. James B. Arsenault, Jr., Assistant County Counsel, argued ... School (OCHS) as an instructional, one-on-one student aide. 2 On September 1, 2004, he was hired as one of ... m. to 10:00 p.m. on Thursday. On February 2, 2005, Spencer was asked to work an extra shift the ... practice, and such conduct, performed in his official capacity, "represent[ed] an inappropriateness" that posed a problem for someone supervising juveniles ... a paintball gun in the cafeteria on January 29, 2005; 2) the west wall exit door was located next to the ... initial penalty to a written reprimand. Exceptions to the January 2, 2008 ALJ determination were filed by the County and ...

docket:	a0239-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	unpublished
citation:
Document Size:	70412

1180 SHARON L. KATZ VS NEIL F. KATZ -- rank: 497

... COURT OF NEW JERSEY                             APPELLATE DIVISION                             A-1773-96T5 SHARON L. KATZ,     Plaintiff-Respondent, v. NEIL F. KATZ,     Defendant-Appellant. ________________________________________         Argued ... Rafanello, attorneys; Mr. Donner, of counsel; Mr. Donner and Gary L. Maher, on the brief).         Lewis M. Seagull argued the cause ... matter commenced, he held a two and one-half percent (2-1/2") interest in a limited partnership, Saron Associates. That same year ... by R. 1:21-6(a) and R. 1:28A-2.     In September 1993, plaintiff commenced this action, alleging that defendant ... dismiss for lack of in personam jurisdiction. R. 4:6-2; R. 4:6-3. The trial court, after considering ...

docket:	a1773-96
court:	njappellate
decided:	1998-03-16
status:	published
citation:	310 N.J.Super. 25
Document Size:	22727

1181 State v. Jose Pineiro -- rank: 497

... is a companion case to State v. Gregory Moore (A-2-2003) also decided today.] Argued January 21, 2004 -- Decided August 2, 2004 WALLACE, J., writing for the Court. In this appeal ... crime has been or is being committed. (pp. 4-7) 2. The State seeks to justify the initial stop of Pineiro ... A. PINEIRO, Defendant-Appellant. Argued January 21, 2004 - Decided August 2, 2004 On certification to the Superior Court, Appellate Division. Michele ... U.S. 218 , 219, 93 S. Ct. 2041 , 2043, 36 L. Ed.2d 854 , 858 (1973)). Thus, we evaluate the evidence ...

docket:	a-100-02
court:
decided:	2004-08-02
status:
citation:	181 N.J. 13 853 A.2d 887
Document Size:	135242

1182 STATE OF NEW JERSEY v. Quentin -- rank: 497

... A-0 STATE OF NEW JERSEY Plaintiff-Respondent, v. Quentin L. GLover, Defendant-Appellant. ___________________________ November 22, 2016 Submitted October 11, 2016 ... of counsel and on the brief). PER CURIAM Defendant Quentin L. Glover was arrested in Atlantic City after he fled from ... heroin, N.J.S.A. 2C:35-10(a)(1); (2) third-degree possession of heroin with the intent to distribute ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a); (5) second-degree unlawful possession of a ... POSSESSED THE WEAPON WITHIN THE PERIOD OF AMNESTY PROVIDED BY 2 013 N.J. LAWS 117 § 2. (Not Raised Below). POINT IV – THE SIX-YEAR ...

docket:	a2649-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	unpublished
citation:
Document Size:	37378

1183 STATE OF NEW JERSEY v. RICHARD C. HOLMES -- rank: 497

... routine motor vehicle stop. On September 16, 2008, at approximately 2:00 a.m., Newark Police Detective James Cosgrove was on ... as the signal was actually a traffic light. The judge 2 who heard the motion found, among other things, that the ... U.S. 648 , 663, 99 S. Ct. 1391 , 1401, 59 L. Ed.2d 660 , 674 (1979); see also State v. Sloane , 193 ... U.S. at 663, 99 S. Ct. at 1401, 59 L. Ed. 2d at 673). As the stop was lawful, the ...

docket:	a2541-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-17
status:	unpublished
citation:
Document Size:	49179

1184 STATE OF NEW JERSEY v. ALLEN MAY, -- rank: 497

... excerpt. The emphasized language was added to the statute by L. 1998, c. 126, effective May 1, 1999.          (5)(a) Any ... Coalition , 535 U.S. 234 , 122 S. Ct. 1389 , 152 L. Ed.2d 403 (2002), in which the United States Supreme Court ... 535 U.S. at ___; 122 S. Ct. at 1397; 152 L. Ed. 2d at 416.     The primary questions before us are whether ... denied , 527 U.S. 1021 , 119 S. Ct. 2365 , 144 L. Ed.2d 770 (1999). Thus, in the light of ...

docket:	a3392-01
court:	njappellate
decided:	2003-08-18
status:	published
citation:	362 N.J. Super. 572
Document Size:	31068

1185 PAUL HYAMS, et al. v. HALIFAX PLC and HBOS PLC -- rank: 497

... of New Jersey, Law Division, Monmouth County, Docket No. MON-L-2365-03. Kevin K. Green, of the California bar, admitted ... and Audra DePaolo; of counsel and on the brief). Philip L. Graham, Jr., of the New York bar, admitted pro hac ... s members voted in favor of demutualization and on June 2, 1997, HBS converted into defendant Halifax, a public limited company ... Washington , 326 U. S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945)). "Critical to the due-process analysis ...

docket:	A1078-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-16
status:	unpublished
citation:
Document Size:	69529