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1351 STATE OF NEW JERSEY v. LEE E. MOORER -- rank: 481

... to rebut "recent fabrication," N.J.R.E. 803(a)(2), fabrication is "recent" if it post-dates a prior consistent ... required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the ... forth in N.J.S.A. 2C:1-8d, and (2) that there [is] a rational basis in the evidence to ... N.J.S.A. 2C:35-10(a). Subsection (d)(2) is not applicable because N.J.S.A. 2C:35 ... Affecting Speedy Trial 53 (1986)). In 1988, the Legislature "implement[ed] th[at] recommendation" by amending N.J.S.A. 2C ... S. 114 , 123-24, 99 S. Ct. 2198 , 2204, 60 L. Ed.2d 755 , 764-65 (1979)); see D.V. , ...

docket:	a2922-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-29
status:	published
citation:	448 N.J.Super. 94 151 A.3d 109
Document Size:	53713

1352 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 481

... JERSEY, Plaintiff-Respondent, v. KWADIR FELTON, Defendant-Appellant. _____________________________ Argued March 2, 2017 – Decided May 4, 2017 Before Judges Lihotz, Hoffman ... PCP, heroin, and marijuana, N.J.S.A. 2C:5-2; second-degree possession of a weapon for an unlawful purpose ... during a drug distribution conspiracy, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-4(a)(2); second-degree unlawful possession of a weapon, as a principal or an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-5(b ... all of the marijuana Collins had given him. C.J. 2 testified on the day of the shooting, he was ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64883

1353 AXA AND EDUARDO KIEFFER v. HIGH POINT INSURANCE COMPANY -- rank: 481

... Court of New Jersey, Law Division, Monmouth County, Docket Nos. L-3132-08 (A-2721-09T2), L-3133-08 (A-2720-09T2), and L-3135-08 (A-2722-09T2). Stephen T. Sullivan, Jr. argued ... for appellants (Keefe, Bartels & Clark, and Mazie, Slater, Katz & Freeman, L.L.C., attorneys; Mr. Sullivan, John E. Keefe, Jr., and Eric ... brief). Robert J. Del Tufo (Skadden, Arps, Slate, Meagher & Flom, L.L.P.) argued the cause for respondent High Point ...

docket:	a2720-27
court:	New Jersey Superior Court Appellate Division
decided:	2011-08-30
status:	Published
citation:
Document Size:	44737

1354 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

1355 ROBERT FERGUSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 481

... Court of New Jersey, Law Division, Essex County, Docket No. L-2089-13. Luretha M. Stribling argued the cause for appellant ... first amended complaint with prejudice pursuant to Rule 4:6-2(e). Plaintiff also appeals from the September 23, 2014 Law ... Act (NJCRA), N.J.S.A. 10:6-1 to -2; and the New Jersey Conscientious Employee Protection Act, N.J ... motion to dismiss the complaint pursuant to Rule 4:6-2(e) based on the applicable two-year statute of limitations ... and five based on the two-year statute of limitations. 2 The judge also dismissed counts three and four for failure ... to the Commission based on N.J.S.A. 59:2-3. In this appeal, plaintiff only challenges the dismissal ...

docket:	a0848-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-31
status:	unpublished
citation:
Document Size:	24356

1356 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.” 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

1357 SPRING CREEK HOLDING COMPANY, INC. v. SHINNIHON U.S.A. CO., LTD. -- rank: 481

... case can also be found at 399 N.J.Super. 158, 943 A.2d 881. (NOTE: The status of this decision ... 43-03. Ben H. Harris, III (Miller, Hamilton, Snider & Odom, L.L.C.) of the Alabama bar, admitted pro hac vice, argued ... attorneys; Mr. Richman, of counsel and on the brief; Jonathan L. Swichar, on the brief). The opinion of the court was ... the Residential Development Parcel to Spring Creek for an additional $2 million. The Settlement Agreement was carefully structured to assure that ... Svirsky and Meyers in their therein stated capacities as two (2) of the three (3) members of Spring Creek LLC, ...

docket:	a4606-05
court:	njappellate
decided:	2008-03-27
status:	published
citation:	399 N.J.Super. 158
Document Size:	131453

1358 STATE OF NEW JERSEY v. EDDIE VALENTINE -- rank: 481

... Paula T. Dow, Essex County Prosecutor, attorney for respondent (Luanh L. Lloyd, Assistant Prosecutor, of counsel and on the brief). PER ... U.S. 188 , 197, 93 S. Ct. 375, 381, 34 L. Ed.2d 401 , 410 (1972). The reviewing court must first determine ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). The first identification at issue in ... vigorous and forceful closing arguments to juries[,]" State v. Frost , 158 N.J. 76 , 82 (1999), and are afforded "considerable ...

docket:	a4986-06
court:	superior court appellate division
decided:	2010-02-02
status:	unpublished
citation:
Document Size:	42515

1359 /usr/local/share/www/libweb/collections/courts/appellate/a2850-11xx.opn.html -- rank: 481

... aggravated arson in Maplewood, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:17-1(a), and ... in Maplewood, N.J.S.A. 2C:17-1(a)(2). In the same indictment, the grand jury also charged Mwansa ... hearing on February 6, 2007, the trial judge, Judge Michael L. Ravin, sentenced Viette to five years incarceration and Mwansa to ... SUSTAIN MR. CHIPEPO'S CONVICTION FOR COUNT (1) AND COUNT (2). POINT V : DEFENSE COUNSEL RENDERED CONSTITUTIONALLY INEFFECTIVE ASSISTANCE FOR NOT ... ARE NOT BARRED BY THE PROVISIONS OF RULE 3:22-2 AS THEY ASSERT CONSTITUTIONAL ISSUES ARISING UNDER THE STATE CONSTITUTION ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), as adopted by our Supreme ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37942

1360 TOMIKIA DAVIS v. DR. ABEZ HUSAIN -- rank: 481

... Court of New Jersey, Law Division, Camden County, Docket No. L-5893-07. Mark J. Molz argued the cause for appellant/cross-respondent. Deborah L. Mains argued the cause for respondent/cross-appellant (Costello & Mains ... judge observed that Davis's testimony might also have "open[ed] the door" with regard to the admissibility of the criminal ... Kheny and precluding cross-examination concerning Davis's criminal conviction, (2) denying his motion for a mistrial after Davis mentioned lost ... judge erred in (1) dismissing her claim for punitive damages, (2) reducing the hourly rates used to calculate the lodestar amount ... Davis and establishing that she was not seeking lost wages. 2 Lost wages were not argued during summations and the ...

docket:	a2691-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-13
status:	unpublished
citation:
Document Size:	61953

1361 MARQUIS REALTY MANAGEMENT L.L.C. v. STABLER LAND COMPANY -- rank: 481

... JERSEY APPELLATE DIVISION DOCKET NO. A-0 MARQUIS REALTY MANAGEMENT, L.L.C., Plaintiff-Appellant, v. STABLER LAND COMPANY, Defendant-Respondent. ____________________________ December ... Court of New Jersey, Law Division, Essex County, Docket No. L-6745-12. Stuart Gold argued the cause for appellant (Mandelbaum ... Dean F. Piermattei argued the cause for respondent (Rhoads & Sinon, L.L.P., attorneys; Mr. Piermattei, on the brief). PER CURIAM Plaintiff ... the parties entered into a contract for the sale of 2.5 acres. 1 Pursuant to the contract, plaintiff paid ...

docket:	a3460-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-24
status:	published
citation:
Document Size:	30012

1362 Bernice Pisack v. BC Towing, Inc. -- rank: 481

... rendered its decision, the Legislature amended the Towing Act, see L. 2018, c. 165. Among the amendments effected by the 2018 ... enforcement officer of this State or the political subdivision.” L. 2018, c. 165, § 3(i) (codified at N.J ... events that gave rise to this appeal. (pp. 5-10) 2 2. Three scenarios justify retroactive application of a legislative amendment: (1 ... intent that the law apply retroactively, either expressly or implicitly; (2) when an amendment is curative; or (3) when the expectations ... the 2018 amendatory legislation “shall take effect immediately.” L. 2018, c. 165, § 5. Those words bespeak an ...

docket:	a-17-18-18
court:	NJ Supreme Court
decided:	2020-01-16
status:
citation:
Document Size:	65721

1363 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

1364 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

1365 IN THE MATTER OF THE ADOPTION OF N.J.A.C. 5:96 AND 5:97 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 481

... Municipalities (The Buzak Law Group, attorneys; Mr. Buzak and Susan L. Crawford, on the brief). Stuart R. Koenig argued the cause ... of counsel and on the briefs; Michael A. Jedziniak, Nancy L. Holm, and Donna A. McBarron, on the briefs). Kevin J ... for appellant SJM Communities, Inc., in A-5461-07 (Henry L. Kent-Smith, of counsel and on the brief). Flaster/Greenberg ... on the brief). Outline of Opinion Page 1. Introduction 6 2. Background: Partial Invalidation by Appellate Division of Original Third Round ... 29 7. Invalidating N.J.A.C. 5:97-3.2(a)(4)(iv), Which Authorizes Substantive Certification of Compliance Plans ... invalidate substantial portions of those rules and remand to COAH. 2. Background: Partial Invalidation by Appellate Division of Original Third ...

docket:	a5382-07
court:	superior court appellate division
decided:	2010-10-08
status:	published
citation:	416 N.J.Super. 462 6 A.3d 445
Document Size:	145907