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1231 STATE OF NEW JERSEY v. TIM MCGEACHY -- rank: 492

... N.J.S.A. 2C:11-3(a)(1) or (2) (count one); two counts of first-degree felony murder, N ... and second-degree burglary, N.J.S.A. 2C:18-2 (count five). Defendant filed two unsuccessful motions to dismiss the ... Release Act (NERA), N.J.S.A. 2C:43-7.2; and to a consecutive eighteen-month term on count five ... THEREBY VIOLATING HIS DUE PROCESS RIGHT TO A FAIR TRIAL. 2 POINT 2 THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR A NEW TRIAL. 2 POINT 3 [] DEFENDANT'[S] MOTION TO DISMISS THE INDICTMENT ...

docket:	a0454-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-01
status:	unpublished
citation:
Document Size:	65889

1232 STATE OF NEW JERSEY v. LLOYD A. MASSEY -- rank: 492

... Release Act (NERA), N.J.S.A. 2C:43-7.2. After merger of other offenses, the judgment provided for two ... 1794-02 (App. Div. Aug. 13, 2007) (slip op. at 2). Unfortunately, that clarification never completely occurred, and because we affirm ... inconsistency with the written judgment, Massey , supra , slip op. at 2 n.1, and it is clear that the judge originally ... night in question. Defendant now contends that the State fail ed to prove that the affidavit asserting someone entered the bar ... Delaware , 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978). E. We now turn to the ...

docket:	a1794-02_2
court:	superior court appellate division
decided:	2007-04-18
status:	Unpublished
citation:
Document Size:	96066

1233 STRATEGIC DEVELOPMENT GROUP, LLC VS. NEW JERSEY CITY UNIVERSITY -- rank: 492

... Court of New Jersey, Law Division, Hudson County, Docket No. L-2319-23. Ryan J. Silver, Deputy Attorney General, argued the ... upon which relief could be granted under Rule 4:6-2(e). We vacate the part of the order denying Strategic ... this appeal arose from the University's Rule 4:6-2(e) motion to dismiss the complaint in lieu of an ... J. Super. 42, 47 (App. Div. 2017)). A-1576-23 2 President and Board of Trustees (Board) to perform real estate ... behalf of the University for projects involving its Blocks 1, 2, 3, 4, 5B, and 6. The projects involving Blocks 1, 2, 3, 5B, and 6 were completed and 'the agreed ...

docket:	a1576-23
court:	appellate
decided:	2024-06-25
status:	Unpublished
citation:
Document Size:	30942

1234 STATE OF NEW JERSEY v. ADDISABETH PRYCE -- rank: 492

... 2003, N.J.S.A. 2C:35-7.1, and (2) one of the counts in Indictment No. 03-12-1594 ... described. On August 8, 2007, defendant filed her PCR petition. 2 She claimed that (1) both attorneys who represented her failed ... the charges against her and prepare an adequate defense, and (2) her attorneys were deficient for failing to advise her of ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Performance is deficient when "counsel made ... different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. A reasonable probability is a ...

docket:	a5641-08
court:	superior court appellate division
decided:	2011-01-26
status:	Unpublished
citation:
Document Size:	26953

1235 STATE OF NEW JERSEY v. MELVIN HARRIS -- rank: 492

... NEW JERSEY, Plaintiff-Respondent, v. MELVIN HARRIS, Defendant-Appellant. ____________________________________ April 2, 2013 Submitted March 11, 2013 – Decided Before Judges Parrillo ... two); first degree carjacking, N.J.S.A. 2C:15-2 (count three); and fourth degree possession of a weapon for ... procedure reliable and in conformance with the Attorney General Guidelines. 2 A second trial commenced on May 20, 2003 before a ... v. Melvin Harris , No. A-0718-03 (App. Div. December 2, 2005) (slip op.). The Supreme Court denied defendant's petition ... Court. An arrest warrant was issued for defendant on March 2, 2002, but he was already incarcerated in county jail. Defendant ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation ...

docket:	a4235-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-02
status:	unpublished
citation:
Document Size:	54815

1236 APPROVED FOR PUBLICATION APPELLATE DIVISION v. KASON D. HOCKETT January 27, 2016 -- rank: 492

... been too complicated or confusing for the jury to handle. 2 The excluded evidence was relevant, having been made so by ... U.S. 438 , 467, 48 S. Ct. 564 , 569, 72 L. Ed. 944 , 951 (1928) (recognizing the "common law rule is that ... U.S. 465 , 475, 41 S. Ct. 574 , 576, 65 L. Ed. 1048 , 1051 (1921); State v. Calcagno , 120 N.J. Super ... discovery of truth,'" California v. Green , 399 U.S. 149 , 158, 90 S. Ct. 1930 , 1935, 26 L. Ed.2d ...

docket:	a2820-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-27
status:	published
citation:	443 N.J.Super. 605 129 A.3d 1116
Document Size:	45278

1237 TALL BRIDGE ASSET BACKED FUND, L.P v. SHANE M. KENWORTHY -- rank: 492

... DOCKET NO. A-2470-09T3 TALL BRIDGE ASSET BACKED FUND, L.P., Plaintiff-Appellant, v. SHANE M. KENWORTHY and INTEGRITY APPRAISAL ... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4065-09. Michael E. Holzapfel argued the cause for appellant ... attorneys; Mr. Abrutyn, of counsel and on the brief; James L. Melhuish, on the brief). PER CURIAM This appeal involves the ... history. In August 2009, plaintiff Tall Bridge Asset Backed Fund, L.P., filed a complaint against defendants Shane M. Kenworthy and ... forum, he [must] have certain minimum contacts with it[.]" Int'l Shoe Co. v. Washington , 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945). In addition, the ...

docket:	a2470-09
court:	superior court appellate division
decided:	2010-08-31
status:	Unpublished
citation:
Document Size:	42801

1238 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 492

... also be found at 449 N.J.Super. 379 or 158 A.3d 44. (NOTE: The status of this decision is ... Court of New Jersey, Law Division, Essex County, Docket No. L-3980-10. Edward J. Dauber argued the cause for appellants ... V. ("Baby Jesse"). 1 As required by Rule 3:9-2, J.V. described under oath the facts supporting his guilty ... organ[.]" It is undisputed that Baby Jesse suffered catastrophic injuries. 2 It is also undisputed that after investigating a previous allegation ... child's maternal grandfather, U.M. ("Ugo"), and his wife, L.M. ("Linda") as caretakers while Vivian was at work. Vivian ... immunity from civil liability. N.J.S.A. 59:3-2(a). At the charge conference, the Division also argued ...

docket:	a3717-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 379 158 A.3d 44
Document Size:	87999

1239 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 492

... General, of counsel; Ms. Miles, on the briefs). Litwin & Provence, L.L.C., attorneys for amicus curiae American Littoral Society, Inc. (Gordon ... actions and decisions," N.J.A.C. 7:7-1.2(a), regarding the "coastal zone," defined as including not only ... and tidal wetlands. N.J.A.C. 7:7-1.2(b). In particular, appellants' challenge focuses on N.J.A ... More than two hundred municipalities are eligible to submit MPAPs. 2 A municipality, as part of its MPAP implementation strategy, may ... J.A.C. 7:7-16.9(f)(1) and (2). After public notice and comment, and DEP review and ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

1240 IN THE MATTER OF MICHAEL STOECKER, NORTH HUDSON REGIONAL FIRE AND RESCUE -- rank: 492

... issued a [PNDA], pursuant to N.J.A.C. 4A:2-2.5(a)(1). Plaintiff sought review by the New Jersey ... 2003. Plaintiff never returned the "telephone call[s] or contact[ed] the Department in any way[,]" claiming he never received any ... failure to execute the waiver. [ Stoecker , supra , slip op. at 2-13.] On October 14, 2004, the Department issued a Preliminary ... and denied the request. See N.J.A.C. 4A:2-1.2(c). Thereafter, Stoecker sought withdrawal of his administrative appeal. ...

docket:	a3270-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	51704

1241 DIVISION OF YOUTH AND FAMILY SERVICES v. A.O and J.L IN THE MATTER OF THE GUARDIANSHIP OF A.M.L. and A.R.L., Minors -- rank: 492

... SERVICES, Plaintiff-Respondent, vs. A.O., Defendant-Appellant, and J.L., Defendant. __________________________ IN THE MATTER OF THE GUARDIANSHIP OF A.M.L. and A.R.L., Minors. __________________________________ Submitted: September 16, 2009 - Decided: Before Judges Cuff, Payne ... Segars, Public Defender, Law Guardian, attorney for minors A.M.L. and A.R.L. (Phyllis G. Warren, Assistant Deputy Public Defender, on the brief ... parental rights of A.O., the mother of A.R.L. and A.M.L. A.O. argues that the ...

docket:	a0856-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-09
status:	unpublished
citation:
Document Size:	49128

1242 J.C. DAIRY FARM, LLC v. 572 EIGHTH AVENUE MARKET CORP -- rank: 492

... Avenue Corp., appeals a February 10, 2012 final judgment for $2,421.24 entered against it in favor of plaintiffs, J ... Sometime after the end of the free month's supply, 2 defendant decided to no longer purchase milk from plaintiffs and ... Lebel , supra , 115 N.J. at 322; see also Int'l Shoe Co. v. Wash. , 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945). The second part of the test ...

docket:	a3728-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-01
status:	unpublished
citation:
Document Size:	29532

1243 STATE OF NEW JERSEY v. VIRGIL S. MITCHELL -- rank: 492

... manslaughter, N.J.S.A. 2C:11-4(a)(1), (2), as a lesser-included charge of murder (count one); felony ... judge denied the petition, reasoning that since defendant's Bruton 2 and Miranda claims were adjudicated by the trial court, they ... merit which warrants discussion in a written opinion. See R. 2:11-3(e)(2). In any event, on this appeal, defendant argues: THE COURT ... DEFENDANT'S CLAIMS. 1. DEFENDANT'S PETITION IS NOT BARRED. 2. DEFENDANT ESTABLISHED AT LEAST PRIMA FACIE EVIDENCE OF INEFFECTIVE ASSISTANCE ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). An attorney's performance ...

docket:	a3875-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	21650

1244 RONALD BENEDETTO, JR v. DEPARTMENT OF CORRECTIONS -- rank: 492

... electronic communications devices. See N.J.A.C. 10A:1-2.2; Department of Corrections, New Jersey State Prison Visitor's Handbook ... the safe, secure and orderly operation of the correctional facility[.]" 2 We remanded to the DOC to address whether (1) the ... inmate in relation to the ordinary incidents of prison life; (2) additional procedural safeguards are required; (3) a less restrictive sanction ... N.J.A.C. 10A:18-6.3(a). Point 2: The permanent visit ban constitutes a gross violation N.J ... C. 10A:18-6.19(a) (as discussed in Point 2 hereof) is arbitrary, unreasonable and capricious and no court ...

docket:	a1436-08_1
court:	superior court appellate division
decided:	2010-09-10
status:	unpublished
citation:
Document Size:	39798

1245 MATTHEW T. RINALDO et al. v. SHERRY J. RINALDO -- rank: 492

... SHERRY J. RINALDO,         Plaintiffs-Appellants,         v. RLR INVESTMENT, LLC, R&L CARRIERS, GREENVEST, 206 ASSOCIATES and NEW JERSEY DEPARTMENT OF ENVIRONMENTAL ... Court of New Jersey, Chancery Division, Burlington County, Docket No. L-0050-04. Robert M. Vreeland argued the cause for appellant ... Jr. argued the cause for respondents RLR Investment, LLC, R&L Carriers and Greenvest (Giovanna Lombardo, on the brief). William A ... predecessor in title to defendants RLR Investment, LLC and R&L Carriers (referred to collectively as R&L) applied to the Department of Environmental Protection (DEP) for a ... 30.     Because the proposed road would adversely impact wetlands, R&L was required to submit a wetlands mitigation proposal. To ...

docket:	A1447-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-14
status:	published
citation:
Document Size:	39155