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1441 PENPAC, INC. v. PASSAIC COUNTY UTILITIES AUTHORITY -- rank: 473

... Court of New Jersey, Law Division,     Passaic County, Docket No. L-3054-01.     A-0592-01T1 is on appeal from the ... then delayed over one year before issuing the final decision; (2) whether administrative precedence or the prohibition against retroactive ratemaking precludes ... Commissioner on issues (1) and (3) through (6). On issue (2), we conclude that the Commissioner should have awarded limited pre ... Inc. , 552 U.S. 966 , 118 S. Ct. 412 , 139 L. Ed.2d 316 (1997), amended , 135 F.3d 891 (3d Cir ... Co. , a public water company had applied for a $9.2 million increase to its base rates for the 1984 ...

docket:	A0592-01
court:	NJ Superior Court Appellate Division
decided:	2004-03-11
status:	published
citation:
Document Size:	47809

1442 STATE OF NEW JERSEY v. SHAHEED ERVING -- rank: 473

... murder, N.J.S.A. 2C:11-3a (1) and (2) (Count One); first-degree attempted murder, N.J.S.A ... Act (NERA), N.J.S.A. 2C:43-7.2a. 2 We affirmed the sentence on our excessive sentencing oral argument ... properly investigate and prepare "pre-trial through sentencing." Judge Michael L. Ravin conducted oral argument, rendered a written decision, and denied ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Ravin ... fair trial. Strickland v. Washington , 466 U.S. 668 , 687, l 04 S. Ct. 2052 , 2064, 80 L. Ed.2d ...

docket:	a4523-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	18968

1443 STATE OF NEW JERSEY v. WILLIAM STROUGHN -- rank: 473

... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to three years of parole supervision ... 2005). The offense occurred on September 21, 2002, shortly before 2:00 p.m., in front of Kean University in Union ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). In Crawford , the defendant was tried for ... the witness. Id. at 59, 124 S. Ct. at 1369, 158 L. Ed. 2d at 197. "Where testimonial statements are ...

docket:	a4699-03
court:	njappellate
decided:	2006-02-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42305

1444 STATE OF NEW JERSEY v. W.H -- rank: 473

... second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court enjoined defendant from future contact with the victim ... not functioning as counsel guaranteed by the Sixth Amendment ; and (2) defendant suffered prejudice as a result. Strickland v. Washington , 466 ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984); [] Preciose , [ supra ,] 129 N.J ... reciting preponderance of the evidence standard of proof)[.] [ State v. L.A. , 433 N.J. Super. 1 , 13 (App. Div. ...

docket:	a1168-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	27477

1445 RRR NEWGEN, LLC v. RESOL53 LLC -- rank: 473

... summary judgment to the owner of the burdened property, (Lot 2), RRR Newgen, LLC (RRR Newgen), of which Ashish Patel is ... collectively plaintiffs). The June 10 order also A-3867-19 2 declared that the 2012 agreement between Peter1 and Lot 2's previous owner was unenforceable against plaintiffs because plaintiffs did ... have notice of the 2012 agreement prior to purchasing Lot 2 in 2018. In A-0175-20, (the enforcement action) defendants ... in the easement action was whether the owner of Lot 2 had sufficient notice of the modification agreement. With that issue ... most favorable to defendants as the parties opposing summary judgment.2 Ben Elazar v. Macrietta Cleaners, Inc., 230 N.J. ...

docket:	a3867-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Unpublished
citation:
Document Size:	53108

1446 STATE OF NEW JERSEY v. CHRISTOPHER JOHN FASANO -- rank: 473

... of second-degree burglary, N.J.S.A. 2C:18-2; third-degree possession of a weapon for an unlawful purpose ... d); second-degree eluding, N.J.S.A. 2C:29-2(b); second-degree aggravated assault while fleeing, N.J.S ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The judge also ran those sentences consecutively. Furthermore, the judge ... erred in denying a mistrial based on alleged juror misconduct, (2) his conviction for burglary was inconsistent and "illogical," and (3 ... post-conviction relief.'" State v. Marshall , 148 N.J. 89 , 158, (quoting State v. Preciose , 129 N.J. 451 , 462 (1992 ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). "To establish such a prima ...

docket:	a4130-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-25
status:	unpublished
citation:
Document Size:	26728

1447 ACADEMY HILL, INC v. CITY OF LAMBERTVILLE -- rank: 473

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0273-18. 1 Improperly pled as Counsel. Carter, Van Rensselaer ... challenges the 2018 designation of plaintiffs' property A-4674-18 2 as an area in need of redevelopment (AINR). For the ... s]chool in its entirety' as 'the former foundations remain[ed] on the property.' When Academy Hill first acquired the subject ... adopt an ordinance creating 'a new zoning district, Residential Option 2 Overlay District, . . . exclusively' for the subject tract, 'which included a ... size of [t]wenty . . . acres, and a maximum density of 2.26 units per gross acre, . . . allow[ing] for [forty-six ... business competitor of [Academy Hill].' Wilson stated that DelVecchio 'disguis[ed] his relationship' on his financial disclosure forms 'by referring ...

docket:	a4674-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	65787

1448 PENPAC, INC. v. PASSAIC COUNTY UTILITIES AUTHORITY -- rank: 473

... Court of New Jersey, Law Division,     Passaic County, Docket No. L-3054-01.     A-0592-01T1 is on appeal from the ... then delayed over one year before issuing the final decision; (2) whether administrative precedence or the prohibition against retroactive ratemaking precludes ... Commissioner on issues (1) and (3) through (6). On issue (2), we conclude that the Commissioner should have awarded limited pre ... Inc. , 552 U.S. 966 , 118 S. Ct. 412 , 139 L. Ed.2d 316 (1997), amended , 135 F.3d 891 (3d Cir ... Co. , a public water company had applied for a $9.2 million increase to its base rates for the 1984 ...

docket:	A0350-01
court:	NJ Superior Court Appellate Division
decided:	2004-03-11
status:	published
citation:
Document Size:	47809

1449 SHIRLEY POTOCZAK HALL, et al. v. SAINT JOSEPH'S HOSPITAL -- rank: 473

... the Superior Court of New Jersey, Law Division, Passaic County, L-5143- 96.         Clara R. Smit; Marc Charmatz and Mary Vargas ... same manner as nondisabled patients and their families. See footnote 2 2     The adult children of Leon Potoczak and his estate, appeal ... Lawrence , 528 U.S. 1117 , 120 S. Ct. 936 , 145 L. Ed.2d 814 (2000). Under that doctrine, a plaintiff may get ... based on this federal doctrine. Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999); Bolinger v. Bell Atl. , ...

docket:	a5608-98
court:	njappellate
decided:	2001-07-24
status:	published
citation:	343 N.J. Super. 88
Document Size:	49493

1450 A-0STATE OF NEW JERSEY v. CARMEN MATOS, a/k/a MARIA DEL CARMEN July 8 2015 -- rank: 473

... V. FRITZ AND STATE V. PRECIOSE , UNDER R. 3:22-2 CRITERIA, THE PCR COURT MISAPPLIED ITS DISCRETION BY DENYING POST ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). New Jersey has adopted the two-prong ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. Ed.2d 657 (1984). See , State v. Fritz , 105 ...

docket:	a1547-13
court:	NJ Superior Court Appellate Division
decided:	2008-12-11
status:	unpublished
citation:
Document Size:	29388

1451 STATE OF NEW JERSEY v. GEORGE M. HLADUN -- rank: 473

... guilty of the strict liability drug-induced death of Gary L. Debele, N.J.S.A. 2C:35-9, a first ... distribution of heroin, N.J.S.A. 2C:43-7.2. Defendant raises the following points on appeal: POINT ONE THE ... During the early morning hours of May 31, 2003, Gary L. Debele died of a heroin overdose while asleep on the ... again, specifically that part of the conversation "where [defendant] . . . indicat[ed] he gave [Debele] two bags [of heroin]." At that point ... to the trial judge to reconstruct the record. See R. 2:5-3(f). On December 20, 2007, a hearing was ... Statement of Proceedings in Lieu of Transcript Pursuant to R. 2:5-3(f)." That statement memorialized that: 1) each ...

docket:	a4491-06
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	105587

1452 STATE OF NEW JERSEY v. JONATHAN CORRAR -- rank: 473

... Michael H. Robertson, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... 2C:5-1 and N.J.S.A. 2C:14-2(b) (counts one and three); and two counts of third ... the detective prior to defendant's activation of the webcam; (2) raise the defense of entrapment; and (3) file a motion ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), which requires a showing that trial ... U.S. at 687, l04 S. Ct. at 2064, 80 L. Ed.2d 674 at 693 (1984); State v. Fritz , ...

docket:	a1337-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	21449

1453 STATE OF NEW JERSEY v. DJAVON HOLLAND -- rank: 473

... 2C:15-1 and N.J.S.A. 2C:5-2 (count one), and second-degree robbery, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered to pay $425 in restitution to the victim ... will be reviewed under the familiar plain error standard. R. 2:10-2. In other words, the error will warrant reversal only if ... 59 n.9, 124 S. Ct. 1354 , 1369 n.9, 158 L. Ed.2d 177 , 197 n.9 (2004). Only if ...

docket:	a5062-06
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61892

1454 STATE OF NEW JERSEY v. THOMAS CROSS -- rank: 473

... murder, N.J.S.A. 2C:11-3(a)(1), (2), and first-degree carjacking, N.J.S.A. 2C:15-2. The indictment arose from defendant's July 1995 involvement in ... RECORD PURSUANT TO Strickland v. Washington and Taylor v. Ky. [ 2 ] A. Ineffectiveness Claims Relax Procedural Bars: R. 3:2-4. B. Ineffective Trial and Post-Trial Counsel. [1]. Authority on Ineffective- Assistance-of-Counsel Claims. [2]. Record [-] Proven Ineffective Counsel. C. The Cumulative Impact of the ... Hearing. 1. Other-Crimes Prejudice and Lack of Adequate Instructions. 2. Confrontation Violations and an Impassioned Jury. 3. Denial of ...

docket:	a1329-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-01
status:	unpublished
citation:
Document Size:	26845

1455 MAURICE DEUTSCH v. DAVID BINET -- rank: 473

... various trial court orders and a judgment entered on February 2, 2009, that (1) awarded plaintiff Maurice Deutsch (Deutsch) damages in the amount of $120,500, together with prejudgment interest; (2) declared Deutsch to be the owner of the property at ... two mortgage loans from Chase Bank totaling approximately $650,000. 2 Binet and his brother provided $160,000 for the down ... before November 1, 2006. Regarding the Property, the contract stated: 2. Deutsch shall execute an Assignment of Mortgage ("Assignment") in recordable ... Agreement. The complaint sought (1) enforcement of the Settlement Agreement; (2) "declaratory judgment . . . that [Binet] breached and [was] in default of ... deed from Censor to Deutsch were both "null and void"; (2) imposition of a constructive trust in favor of the ...

docket:	a3227-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	unpublished
citation:
Document Size:	62320