Search Rutgers Law Library N.J. Court Opinions

1336 STATE OF NEW JERSEY v. AHMAD J. JOHNSON -- rank: 484

... 1770. Michael Confusione argued the cause for appellant (Hegge & Confusione, L.L.C., attorneys; Mr. Confusione, of counsel and on the brief ... of first-degree carjacking, N.J.S.A. 2C:15-2 (count one); three counts of second-degree possession of a ... 11-3a(1) and N.J.S.A. 2C:3a-(2) (count nine); and second-degree witness tampering regarding Raczek, N ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2, and to a concurrent five-year term, subject to a ... just parked his car, a blue Subaru WRX STI model, 2 when he was approached by two men. One of ...

docket:	a6238-09
court:	New Jersey Superior Court Appellate Division
decided:	2013-03-27
status:	Published
citation:
Document Size:	80136

1337 STATE OF NEW JERSEY VS IZEL KELLY, JR. -- rank: 484

... Superior Court of New Jersey, Law Division, Monmouth County.         Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Mr. Sloan, of counsel and on ... neck region with hypothermia as a significant factor. See footnote 2     The previous day Pedro Lopez Garcia met Jiminez at a ... identification and conclude that it is wholly without merit. R. 2:11-3(e)(2). Not only was there no request for an identification charge ... U.S. 182 , 189, 101 S. Ct. 1629 , 1634, 68 L. Ed.2d 22 , 29 (1981); State v. Ramseur , 106 ...

docket:	a1031-94
court:	njappellate
decided:	1997-06-13
status:	published
citation:	302 N.J.Super. 145
Document Size:	21161

1338 STATE OF NEW JERSEY v. CLARENCE SCOTT -- rank: 484

... degree aggravated assault, N.J.S.A. 2C:12-1b(2) (count two); fourth-degree aggravated assault, N.J.S.A ... with defendant in preparing for pre-trial and trial proceedings; (2) request an instruction to the jury regarding the mistake of fact defense pursuant to N.J.S.A. 2C:2-4; (3) request the trial court to mold instructions to ... both parties, the court scheduled an evidentiary hearing on June 2, 2006. On that date, defendant's trial counsel, who was ... believe[d] it's better that [defendant] . . . not be inside." 2 While Judge Clark recognized that defendant did not agree with ... that." The trial judge asked defendant specifically "whether [he] want[ed] to be present in [] chambers when the jury selection ...

docket:	a5238-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-04
status:	Published
citation:
Document Size:	34329

1339 State of New Jersey v. Diego Vallejo -- rank: 484

... 2009 LONG, J., writing for a majority of the Court. 2 In 2005 , Diego Vallejo and Miryam Vera, first cousins, were ... bad acts seeping into a criminal trial. (Pp. 13-15) 2. In addition to suffering from similar infirmities to those inherent ... degree kidnapping, N.J.S.A. 2C:13-1(b)(2); (2) second-degree robbery, N.J.S.A. 2C:15-1 ... returned to Vera. Juarez testified that at some time after 2:00 p.m., she received a phone call from Vera ... and help her because defendant was hitting her. At approximately 2:30 p.m., Juarez arrived at the home. She ...

docket:	a-3-08
court:
decided:	2009-03-10
status:
citation:	198 N.J. 122
Document Size:	90233

1340 STATE OF NEW JERSEY v. TYREEK ROLON -- rank: 484

... JERSEY, Plaintiff-Respondent, v. TYREEK ROLON, a/k/a TYREEK L. ROLON and TYREEK LAMAR ROLON, Defendant-Appellant. ________________________________ December 29, 2014 ... 5a(1) and N.J.S.A. 2C:35-5b(2) (count two); third-degree possession of cocaine with intent to ... before Judge Robert J. Mega and a jury on November 2 and 3, 2012. The jury convicted both men of all ... Smith testified that, "based upon information" the police received around 2:00 p.m. on November 6, 2009, he went with ... a surveillance. The police arrived at the location at approximately 2:30 p.m. The intersection was within 1000 feet of ... received which caused them to go to the intersection at 2:30 p.m. on the day of the incident. ...

docket:	a0589-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-29
status:	unpublished
citation:
Document Size:	39168

1341 STATE OF NEW JERSEY v. LIAM P. MCATASNEY -- rank: 484

... that defendant strangled his childhood friend, Sarah Stern, on December 2, 2016 and threw her body over a bridge. The body ... and/or N.J.S.A. 2C:11-3(a)(2)(count one); (2) first-degree robbery, contrary to N.J.S.A. 2C ... a)(3); (4) second-degree conspiracy to A-5006-18 2 commit robbery, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; (5) second ... and/or N.J.S.A. 2C:22-1(a)(2); (6) fourth-degree tampering with physical evidence, contrary to ...

docket:	a5006-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-03
status:	Unpublished
citation:
Document Size:	103979

1342 STATE OF NEW JERSEY v. LORENZO ROSARIO -- rank: 484

... appellant (Alan I. Smith, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein ... b); second-degree burglary, N.J.S.A. 2C:18-2; second-degree possession of a firearm for an unlawful purpose ... Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing, the prosecutor made the following statements ... Washington , 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). The judge determined that defendant was not ... NUNC PRO TUNC DAY TO DAY CREDIT" FROM OCTOBER 1, 2 001 TO JULY 9 , 2003, WAS VIOLATED. POINT II : ...

docket:	a1626-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	24546

1343 STATE OF NEW JERSEY v. EARL L. SANDERS -- rank: 484

... 05T43838-05T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EARL L. SANDERS, Defendant-Appellant. ___________________________________ Submitted September 15, 2008 - Decided Before Judges ... the Crisis Center (Center) of Jersey Shore Medical Center at 2:55 a.m. The hospital record revealed that he was ... about a just conviction." State v. Smith , 167 N.J. 158 , 177 (2001) (citing State v. Ramseur , 106 N.J. 123 ... 397 , 446 (2007), cert. denied , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008) (quoting Smith , supra , 167 N.J. at ... 168 N.J. 448 , 488 (2001) (quoting State v. Frost , 158 N.J. 76 , 83 (1999)). Prosecutorial misconduct warrants reversal ...

docket:	a3838-05
court:	NJ Superior Court Appellate Division
decided:	2008-12-19
status:	unpublished
citation:
Document Size:	70791

1344 STATE OF NEW JERSEY V. LEROY WIGGINS -- rank: 484

... Superior Court of New         Jersey, Law Division, Atlantic County.         Roger L. Camacho, Designated Counsel, argued         the cause for appellant (Susan L. Reisner, Public         Defender, attorney; Mr. Camacho, of counsel and         on ... remaining arguments (points three through ten) clearly lack merit. R. 2:11-3(e)(2). I.     The facts were hotly disputed at trial. The State ... detectives verbally informed the occupants of their Miranda See footnote 2 rights.     The police then proceeded to question Isaac in one ... Alabama , 287 U.S. 45 , 53 S.Ct. 55 , 77 L.Ed. 158 (1932)." State v. Slattery , 239 N.J. ...

docket:	a281-94
court:	njappellate
decided:	1996-06-26
status:	published published
citation:	291 N.J.Super. 441
Document Size:	29647

1345 STATE OF NEW JERSEY v. CHRISTOPHER KORNBERGER -- rank: 481

... Early Release Act, N.J.S.A. 2C:43-7.2. We affirm. I These consolidated appeals concern defendant's conviction ... motion to suppress the confession was denied following a Miranda 2 hearing. The judge then severed the two cases for trial ... had "a clear capacity to produce an unjust result." R. 2:10-2; see R. 1:7-2. "The standard for assessing the soundness of a jury instruction ... Plain error in the context of a jury charge is "[l]egal impropriety in the charge prejudicially affecting the substantial ...

docket:	a0859-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	published
citation:	419 N.J. Super. 295 16 A.3d 1107
Document Size:	76628

1346 State of New Jersey v. Aaron P. Schmidt -- rank: 481

... Standard Statement under N.J.S.A. 39:4-50.2(e). At police headquarters, defendant was read his Miranda warnings ... in violation of N.J.S.A. 39:4-50.2. In the municipal court, defendant consented to be tried on ... of refusal under N.J.S.A. 39:4-50.2, the Law Division imposed the same sentence as had the ... of the entire intoxicated driver statutory scheme. (Pp. 15-24) 2. No due process notice considerations have been raised by the ... in violation of N.J.S.A. 39:4-50.2(a). Defendant was tried on a stipulated record consisting exclusively ... under arrest.ā€¯ N.J.S.A. 39:4-50.2(e). 1 That statement, prepared by the Executive Branch, ...

docket:	a-35-10
court:	NJ Supreme Court
decided:	2011-05-26
status:
citation:
Document Size:	97511

1347 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the ASHLEY NELSON-GUEDEZ and LYNDSAY NELSON-NUGENT v. JACQUELINE T. LIMOLI, f/k/a JACQUELINE T. NELSON, -- rank: 481

... which relief can be granted pursuant to Rule 4:6-2(e). 1 During her marriage to Paul Nelson, defendant was known as Jacqueline or 'Jacky' Nelson. 2 A-2476-15T3 After hearing oral argument, Chancery Judge Katherine ... In considering a motion to dismiss under Rule 4:6-2(e), we must search the allegations of the pleading in ... deny a motion to dismiss pursuant to Rule 4:6-2(e) and owe no deference to the judge's conclusions ... S. 462, 471-72, 105 S. Ct. 2174, 2181, 85 L. Ed. 2d 528, 540 (1985) (quoting International Shoe Co. v. ...

docket:	a2476-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-22
status:	unpublished
citation:
Document Size:	26530

1348 Bunk v. The Port Authority of New York and New Jersey -- rank: 481

... York and New Jersey (A-53/54-95) Argued January 2, 1996 -- Decided May 22, 1996 O'HERN, J., writing for ... the independence of that bi-state agency. (pp. 5-7) 2. The Port Authority is a public corporate instrumentality of New ... Respondent-Appellant,      and SECOND INJURY FUND,     Respondent-Appellant.         Argued January 2, 1996 -- Decided May 22, 1996 On certification to the Superior ... Deborah T. Poritz , Attorney General of New Jersey, attorney; Joseph L. Yannotti , Assistant Attorney General, of counsel). Alfred G. Osterweil argued ... by virtue of the provisions of this article and article 2 of this chapter (R.S. 34:15-7 et seq ... Trans-Hudson Corp. , ___ U.S. ___, 115 S. Ct. 394 , 130 L. Ed.2d 245 (1994), had diminished the precedential value ...

docket:	a-53-95
court:	njsupreme
decided:	1996-05-22
status:
citation:	144 N.J. 176
Document Size:	49988

1349 IN RE AGRICULTURAL, AQUACULTURAL and HORTICULTURAL WATER USAGE CERTIFICATION RULES, N.J.A.C 7:20A-1.1 ET SEQ -- rank: 481

... 7:20A-1.3, N.J.A.C. 7:20A-2.3(j), and N.J.A.C. 7:20A-2.5(a)(11)(v), invalid because they are ultra vires ... safety, economic welfare, recreational and aesthetic enjoyment, and general welfare; . . . . [(2)] that because some areas within the State do not have ... present and future needs[.] [ N.J.S.A. 58:1A-2.] The Water Act gives DEP broad responsibility to manage the ... waterways of the State." N.J.S.A. 58:1A-2. It directs DEP to adopt "a monitoring, inspection and enforcement ... and water quality emergencies." N.J.S.A. 58:1A-2. Specifically, the Water Act gives DEP the powers to ...

docket:	a3283-06
court:	superior court appellate division
decided:	2009-10-21
status:	published
citation:	410 N.J.Super. 209 981 A.2d 99
Document Size:	96000

1350 IN THE MATTER OF THE CITY OF CAMDEN -- rank: 481

... Connery, LLP, attorneys; Mr. Tambussi, Michael J. DiPiero and Kristin L. Van Arsdale, on the briefs). Raymond G. Heineman argued the ... payments of State aid[.]" N.J.S.A. 52:27BBB-2(i). The amount of State aid has, however, declined in ... state of fiscal distress[.]" N.J.S.A. 52:27BBB-2(a), (b). The Legislature observed that conditions in "those municipalities ... a sound tax base[,]" N.J.S.A. 52:27BBB-2(b), and further, that "the ratable base in these municipalities ... during the 1990's[.]" N.J.S.A. 52:27BBB-2(f). As a result, "[t]hese municipalities have experienced a ... payments of State aid[.]" N.J.S.A. 52:27BBB-2(i). The Legislature declared: In light of the dire ...

docket:	a1244-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	published
citation:	429 N.J.Super. 309 58 A.3d 1186
Document Size:	83867