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1276 Inre Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 489

... demonstrating constitutional compliance (the exhaustion-of-administrative-remedies requirement); and, (2) for a town whose fair share housing plan secures substantive ... municipal compliance with constitutional affordable housing obligations. (pp. 21-25). 2. Here, the administrative forum is not capable of functioning as ... iterations of Third Round Rules before they were invalidated, or (2) had “participating” status before COAH. If any such town ... for respondent New Jersey Builders Association ( Hill Wallack , attorneys). Jeffrey L. Kantowitz argued the cause for respondents Kenneth Martin, Alice Martin ... demonstrating constitutional compliance (the exhaustion-of-administrative-remedies requirement); and, (2) for a town whose fair share housing plan secures substantive ... iterations of Third Round Rules before they were invalidated, or (2) had “participating” status before COAH. Assuming any such ...

docket:	m-392-14
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:	221 N.J. 1 110 A.3d 31
Document Size:	123782

1277 STATE OF NEW JERSEY v. ABDUL GRIGGS -- rank: 489

... murder, N.J.S.A. 2C:11-3a(1) and (2); second-degree possession of a weapon for an unlawful purpose ... Early Release Act, N.J.S.A. 2C:43-7.2, a concurrent five-year term of imprisonment with three years ... IMPARTIAL TRIAL, WHEN [THE] STATE MADE INFLAMMATORY, PREJUDICIAL, AND BIAS[ED] STATEMENTS ABOUT DEFENDANT IN [ITS] SUMMATION, AND IN [ITS] OPENING ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989), and State v. Sturdivant , 31 N.J ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960), the judge barred the testimony, ...

docket:	a3814-10
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	49991

1278 SOPHIE MISTRICK VS DIVISION OF MEDICAL ASSISTANCE & HEALTH SERVICES -- rank: 489

... the cause for respondent (Peter Verniero, ��������Attorney General, attorney; Joseph L. Yannotti, ��������Assistant Attorney General, of counsel; ��������Mr. Underriner, on the ... account, which he did. His monthly income then totalled about $2,400, consisting of social security, payments from the IRA, and ... allowance in the amount of some $23,800. See footnote 2 The application was denied on the ground that the community ... U.S. 154 , 157, 106 S. Ct. 2456 , 2458, 91 L. Ed.2d 131 , 137 (1986); Schweiker v. Gray Panthers , 453 U ... S. 34 , 36-37, 101 S. Ct. 2633 , 2636, 69 L. Ed.2d 460 , 465 (1981); Harris v. McRae , 448 ...

docket:	a5519-95
court:	njappellate
decided:	1997-03-24
status:	published
citation:	299 N.J.Super. 76
Document Size:	22916

1279 Courtney Reid v. Matthew J. Finch -- rank: 489

... NEW JERSEY LAW DIVISION-CIVIL PART ESSEX COUNTY DOCKET NO.: L-6402-07 APPROVED FOR PUBLICATION March 30, 2012 COMMITTEE ON ... 22,729.04 as a result of bringing this lawsuit. 2 Legal Analysis New Jersey Court Rule 4:58-3 provides ... of suit, the allowances as prescribed by R. 4:58-2, which shall constitute a prior charge on the judgment. A ... be granted if (1) the claimant's claim is dismissed, (2) a no-cause verdict is returned, (3) only nominal damages ... rule is designed to be symmetrical to Rule 4:58-2, which provides that, in certain circumstances, a claimant who obtains ... R.C.P. 68: Lessons from New Jersey , 57 Mercer L. Rev. 827 (2006). �This is so even though New ...

docket:	L-ESX-6402-07
court:	NJ Superior Court Law/Chancery Division
decided:	2012-03-30
status:
citation:
Document Size:	37838

1280 STATE OF NEW JERSEY v. DAVID L. JOHNSON -- rank: 489

... 4565-10T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID L. JOHNSON, Defendant-Appellant. _________________________________________________ August 9, 2012 Argued May 1, 2012 ... J. Mennuti, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney; Mr. Mennuti, on the brief). PER CURIAM Defendant, David L. Johnson, appeals from his conviction for second-degree possession of ... A stipulation was read to the jury that: Defendant David L. Johnson stipulates that he previously has been convicted of a ... a Title VII, 42 U.S.C.A. § 2000e-2, model for analysis of what burden each party bears in ... U.S. 61 , 76, 120 S. Ct. 1119 , 1129, 146 L. Ed.2d 47 , 60-61 (2000) (Stevens, J., concurring)). ...

docket:	a4565-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	unpublished
citation:
Document Size:	46175

1281 STATE OF NEW JERSEY v. ABDIEL F. AVILA -- rank: 489

... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on a specific date, June 30, 2006. Count ... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on various dates between November 2005 and June ... 44-3c and N.J.S.A. 2C:43-7a(2), of seventy-five years imprisonment, subject to an 85% parole ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On count one, defendant received a consecutive twenty-year sentence ... told her "it was true that the car tire, sound[ed] like somebody shot the tire." Defendant told C.H. that ... dismissed , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967)). The narrow purpose of the ...

docket:	a5729-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	57164

1282 POP TEST CORTISOL, LLC v. MERCK & CO., INC POP TEST CORTISOL, LLC v. MERCK & CO., INC -- rank: 489

... Cortisol, LLC (Pop Test), appeals the Chancery Division's May 2, 2013 order compelling arbitration of its claims against defendants Merck ... the June 7, 2013 order denying its motion for reconsideration. 2 We affirm. I. We discern the following facts and procedural ... agreement contains a specific provision governing dispute resolution. Section 13.2 of the agreement provides: All disputes arising out of or ... a panel of three (3) arbitrators. Pursuant to Section 13.2(a), all arbitrations are to be conducted under the Commercial ... 4 N.J.S.A. 2C:41-1 to -6.2, and for "torts of outrage/crimes." The matter was heard again on May 2, at which time the judge reserved decision. 5 The ...

docket:	a5403-12 a5403-12
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-28 2014-04-28
status:	unpublished unpublished
citation:
Document Size:	53080

1283 STATE OF NEW JERSEY v. BERNARD YOUNGKIN -- rank: 489

... sexual assault, contrary to N.J.S.A. 2C:14-2(a)(5) (count one); third-degree criminal restraint, contrary to N.J.S.A. 2C:13-2(a) (count two); third-degree aggravated criminal sexual contact, contrary ... civil commitment. That motion was denied on April 8, 2009. 2 In May 2009, Youngkin filed a pro se petition for ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Under the first prong of ...

docket:	a4224-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	26501

1284 STATE OF NEW JERSEY v. BARRINGTON MCDONALD -- rank: 489

... 4937-07 (App. Div. August 25, 2010) (slip op. at 2-3), aff'd , 211 N.J. 4 (2012). In our ... guilty plea only as to driving while suspended. Id . at 2. The Supreme Court affirmed our decision, and also rejected defendant ... make sense and could not satisfy the two-prong Strickland 2 test because it was factually incorrect as the offense did ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). A PCR proceeding "is a defendant's ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013); Preciose , supra , 129 N.J. ...

docket:	a1637-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-03
status:	unpublished
citation:
Document Size:	29099

1285 STATE OF NEW JERSEY v. ALEKSEY YAKHNOVSKIY -- rank: 489

... of a weapon, N.J.S.A. 2C: 39-5c(2), a crime of the third degree (Second Count). On August ... G. Malestein heard oral argument on the petition. On June 2, 2014, the judge issued his thorough and thoughtful written opinion ... U.S. 688 , 687, 104 S. Ct. 2052 , 2064, 80 L.Ed. 2d 674 , 693 (1984); State v. Fritz , 105 N.J ... U.S. 649 , 657, 100 S. Ct. 2395 , 2402, 65 L.Ed.2d 410 , 418 (1980). The judge wrote that there ...

docket:	a5293-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-27
status:	Published
citation:
Document Size:	31390

1286 STATE OF NEW JERSEY v. RICHARD CHIPPERO -- rank: 489

... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). On appeal, defendant does not explain the ... Kevin McMenemy's observation on the day of the murder. 2 The judge also repeated defendant's two alternate contentions: that ... judge. It conforms to N.J.S.A. 2C:14-2(a)(3), which sets out the elements of aggravated sexual ... support the jury verdict." Dolson v. Anastasia , 55 N.J. 2 , 6 (1969) (quotations omitted). Our review is not limited to ... credibility, demeanor and the feel of the case. Ibid. ; R. 2:10-1; State v. Perez , 177 N.J. 540 , ...

docket:	A6401-02
court:	appellate
decided:	2006-08-09
status:	unpublished
citation:
Document Size:	62619

1287 STATE OF NEW JERSEY v. DESMOND SMITH -- rank: 489

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the aggravated assault charge and six months concurrent on ... in our earlier opinion: In September 2006, Dennis Marando (Dennis) 2 lived with his wife Lakeema in Jersey City, New Jersey ... indicted on charges stemming from this incident. [Slip op. at 2-6.] In addition, the victim testified that he had seen ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). Where the court does not hold an ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984) (stating that a ...

docket:	a0819-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	27955

1288 IN RE REORGANIZATION PLAN 1-2011 -- rank: 489

... for Supportive Housing, and Mercer Alliance to End Homelessness (Henry L. Kent-Smith, of counsel and on the brief). The opinion ... County NAACP v. Township of Mount Laurel , 92 N.J. 158 (1983) ( Mount Laurel�II ), and Southern Burlington County NAACP v ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975) ( Mount Laurel�I ), the Supreme Court held ... and functions, and the expeditious administration of the public business; 2. Reduce expenditures and promote economy consistent with the efficient operation ... undermine the legislative underpinning of both COAH and the FHA. 2 According to appellant, whereas under COAH, "all decisions were ...

docket:	a6301-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J. Super. 410 38 A.3d 620
Document Size:	95286

1289 STATE OF NEW JERSEY v. JOSEPH L. CODY -- rank: 489

... 5204-13T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSEPH L. CODY, a/k/a JOSE CODY, JOSIE L. CODY, JOISE CODY, JOSEPH CODY, LEE CODY, JOSIE CODY, Defendant ... 2741. Joseph E. Krakora, Public Defender, attorney for appellant Joseph L. Cody, A-5005-13 (Susan Remis Silver, Assistant Deputy Public ... Assistant Prosecutor, of counsel and on the brief). Appellant Joseph L. Cody filed a pro se supplemental brief. PER CURIAM In ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b) (count ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge merged counts one, three, and four into ...

docket:	a5005-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	66041

1290 ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 489

... FARMS, HENRY AND LIDIA HARBAT, ESTATE OF JAMES TRAVAGLINE, GERALD L. and ALLAN M. BLAUTH, GREGORY SANDFORD, SANFORD J. and PATRICIA ... A. MOKROS, ESTATE OF RONALD LAYFIELD, GALE W. MOSER, MARK L. GOITEIN, THEODORE & DORIS GOITEIN, EARL & DORIS WERT, CHARLES M. & LUCIA ... Court of New Jersey, Law Division, Mercer County, Docket Nos. L-3594-01 and L-3597-01. David J. Frizell argued the cause for appellants ... agriculture, 39% is forested, 19% is residential (i.e., urban), 2% is water, and 9% is wetlands. This pattern existed at ... this ordinance. [Ordinance No. 012-1268, �� 17-160.I.4.2.] Open lands subdivisions and cluster subdivisions on tracts of ...

docket:	a1910-06 a1910-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-14 2008-08-14
status:	unpublished Unpublished
citation:
Document Size:	126795