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1456 State v. McKinley Cromedy -- rank: 473

... 5.1 Version This case can also be found at 158 N.J. 112. SYLLABUS (This syllabus is not part of ... Task Force on Minority Concerns Final Report , 131 N.J.L.J. 1145 (1992)(Task Force Report), which had recommended that ... to which cross-racial impairment affects identification. (pp. 10-14) 2. Debate among researchers did not prevent the Supreme Court of ... Task Force on Minority Concerns Final Report , 131 N.J.L.J. 1145 (1992) (Task Force Report).     The trial court denied ... identification jury charge is before us as of right. R. 2:2-1(a)(2). The Court also granted certification "limited ...

docket:	a-166-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 112
Document Size:	61907

1457 STATE OF NEW JERSEY v. CHARLES E. LUCAS -- rank: 473

... a physically helpless victim, N.J.S.A. 2C:14-2(a)(7). Defendant claimed he had a sexual relationship with ... 2013 indictment with violating N.J.S.A. 2C:14-2(a)(7) by committing an act of sexual penetration on K.H. A-0843-20 2 (Kate), who defendant knew or should have known was physically helpless. 1 Id. at 2. The State's theory at trial was that defendant vaginally ... single count of violating N.J.S.A. 2C:14-2(a)(7). Lucas, slip op. at 7. A superseding indictment ... alleging a violation of N.J.S.A. 2C:14-2(a)(7). Ibid. We do not address the disposition ...

docket:	a0843-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	83567

1458 STATE OF NEW JERSEY v. WILLIAM L. MARABLE -- rank: 473

... 3467-21 STATE OF NEW JERSEY, Plaintiff-Appellant, v. WILLIAM L. MARABLE, Defendant-Respondent. ________________________ Argued January 25, 2023 – Decided March ... 2021 order granting a suppression motion filed by defendant William L. Marable. The State also appeals from a November 16, 2020 ... See R. 1:38–3(c)(12). A-3467-21 2 Jersey City Police Officer Daniel Robertson called a municipal court judge, who granted Jan a TRO at 2:50 a.m. on November 22, 2018. The TRO included ... must be judged as if it were a warrantless search.' 2 The record reflects the JCPD's policy was to retain ... what material facts [were] in dispute before [the court] determine[ed] whether a testimonial hearing [was] warranted.' Thus, the judge ...

docket:	a3467-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	46032

1459 STATE OF NEW JERSEY v. LUCRETIA STONE -- rank: 473

... 4, 2008 - Decided: Before Judges A.A. Rodríguez and C.L. Miniman. On appeal from the Superior Court of New Jersey ... PCR judge's legal conclusions is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... were: (1) Point IV, the indictment should have been dismissed; (2) Point VI, the State's 404(B) evidence should not ... denied , 522 U.S. 850 , 119 S. Ct. 140 , 139 L. Ed.2d 88 (1997); State v. Jack , 144 N.J. 240 ... need not be granted. [ Marshall , supra , 148 N.J. at 158 (citations omitted).] Here, the judge determined that defendant had ...

docket:	a5317-05
court:	njappellate
decided:	2008-02-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60792

1460 STATE OF NEW JERSEY v. FREDERICK L. HUNT -- rank: 473

... 1463-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FREDERICK L. HUNT, Defendant-Appellant. ________________________________________ Submitted February 9, 2010 - Decided March 25 ... Officer Kelly. At this point, Kelly estimated, A-1463-07T4 2 approximately forty seconds to a minute had elapsed from the ... provision: (1) defendant's conduct must be permitted by law;2 (2) it must not be specifically addressed in another Code section ... the Code under subsection b of N.J.S.A. 2 In the context of this case, we understand the first ... which defendant was charged. A-1463-07T4 8 2C:3-2. Id. at 76-81, 88 (Handler, J. dissenting) and ...

docket:	a1463-07
court:	superior court appellate division
decided:	2010-03-25
status:	Unpublished
citation:
Document Size:	37377

1461 STATE OF NEW JERSEY v. EUGENE GILLIARD, JR -- rank: 473

... JERSEY, Plaintiff-Respondent, v. EUGENE GILLIARD, JR., Defendant-Appellant. _____________________________ October 2, 2012 Submitted September 19, 2012 - Decided Before Judges Parrillo, Sabatino ... car, and then an ambulance transported them to the hospital. 2 Thereafter, Officer Gatling joined Officer Young. As he assisted defendant ... Jersey , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). Because defendant did not object to the ... to an unjust and unwarranted result. Id. at 471; R . 2:10-2. The trial court has an "independent duty . . . to ensure ...

docket:	a1002-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-02
status:	unpublished
citation:
Document Size:	47647

1462 STATE OF NEW JERSEY v. LUDGI G. DESROCHES -- rank: 473

... Plaintiff-Respondent, v. LUDGI G. DESROCHES, Defendant-Appellant. ______________________________ Submitted November 2, 2017 – Decided November 14, 2017 Before Judges Simonelli and ... conspiracy to possess cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35- 10(a)(1 ... cocaine, N.J.S.A. 2C:35-5(b)(3). 2 A-5357-15T1 defendant admitted he was not a citizen ... period set forth in Rule 3:22-12(a)(1).2 Contrary to defendant's assertion that he only became aware ... Nuñez-Valdéz, 200 N.J. 129, 143 (2009)). 2 Rule 3:22-12(a)(1) provides that a defendant ... S. 356, 368-69, 130 S. Ct. 1473, 1483, 176 L. Ed. 2d 284, 295 (2010). Our Supreme Court has ...

docket:	a5357-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	unpublished
citation:
Document Size:	27060

1463 State v. Richard Gomes -- rank: 473

... diversion only” facet of the PTI statute. (pp. 11 -18) 2. The Court turns to the history and pertinent terms of ... for the obtaining or possession of marijuana, certain other marijuana 2 offenses, and “any disorderly persons offense or petty disorderly ... S.A. 2C:35-23.1(b)(1) and (b)(2). At the very least, the phrase “by operation of ... Patrick F. Galdieri, II, of counsel and on the brief). 2 Matthew J. Platkin, Attorney General, argued the cause for amicus ... State Bar Association (New Jersey State Bar Association, attorneys; Jeralyn L. Lawrence, President, of counsel, and Michael B. Roberts, on the ... the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), L. 2021, c. 16, a sweeping law that largely decriminalizes ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

1464 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER COMPLIANCE AND ENFORCEMENT - v. KINGS LAKE, LLC. -- rank: 473

... and the NJPDES regulations, N.J.A.C. 7:14A-2.1. These included a $20,000 fine for violating the ... fines, arguing they were "disproportionate to the violation and exceed[ed] [] the DEP's own penalty matrix." The matter was certified ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980)), certif. denied , 199 N.J. 540 (2009 ... of Alcoholic Beverage Control v. Maynards, Inc. , 192 N.J. 158 , 183 (2007), and afford substantial deference to an agency's ... the statute it is charged with enforcing. R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. ...

docket:	a4120-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-17
status:	unpublished
citation:
Document Size:	57829

1465 Benjamin Moore & Co. v. Aetna Casualty & Surety Company, et al. -- rank: 473

... inconsistent with the methodology adopted in that case. (Pp. 1320). 2. In determining how the deductibles in the policies triggered under ... formerly known as Manhattan Fire & Marine Insurance Company, Defendants, and L umbermens MUTUAL CASUALTY COMPANY, Defendant-Respondent. Argued November 5, 2003 ... Ms. Tammaro and Albert C. Hilber , on the briefs). Arnold L. Natali, Jr. , argued the cause for amici curiae CSR Limited ... J. Wylie Donald and Alissa Pyrich , on the brief). Wendy L. Mager submitted a brief on behalf of amici curiae Chubb ... pro rata allocation would not be consistent with those cases. 2 The court therefore denied Benjamin Moore's motion, and granted ... Liability Among Triggered Insurance Policies , 1 999 B.Y.U. L. Rev. 1215, 1218 (noting that because CGL policies do ...

docket:	a-77-02
court:
decided:	2004-03-24
status:
citation:	179 N.J. 87 843 A.2d 109
Document Size:	163820

1466 N.M v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 473

... and MONMOUTH COUNTY BOARD OF SOCIAL SERVICES, Respondents. _____________________________________________________ Submitted December 2, 2008 - Decided Before Judges Skillman, Graves and Grall. On appeal ... Medicaid eligibility. 42 U.S.C.A. § 1396r-5(c)(2). To assure that the community spouse will be able to ... s benefit. 42 U.S.C.A. § 1396r-5(d)(2). To determine this amount, called the "community spouse resource allowance ... ceiling, see 42 U.S.C.A. § 1396r-5(f)(2)(A); 42 U.S.C.A. § 1396r-5(g), which ... small sum set aside for the institutionalized spouse, which was $2,000 when the Medicaid application involved in this appeal was ... Medicaid eligibility. 42 U.S.C.A. § 1396r-5(c)(2); see generally Wisc. Dept. of Health & Family Servs. v. ...

docket:	a0828-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-26
status:	published
citation:	405 N.J.Super. 353 964 A.2d 822
Document Size:	68427

1467 State v. Danny Mai -- rank: 473

... stop than from other routine traffic stops. (pp. 12-13) 2. The Court sees no reason to depart from that reasoning ... third-degree unlawful possession of a handgun, in violation of 2 and, in an unpublished opinion, the Appellate Division reversed. According ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968)]" (citing State v. Cerefice , 335 N.J ... S. 471 , 487-88, 83 S. Ct. 407 , 417, 9 L. Ed.2d 441 , 455 (1963)]. We granted the State's ...

docket:	a-98-08
court:	supreme
decided:	2010-05-06
status:
citation:	202 N.J. 12 993 A.2d 1216
Document Size:	86643

1468 STATE OF NEW JERSEY v. JUAN DIAZ -- rank: 470

... 1) or N.J.S.A. 2C:11-3(a)(2) (count one), one count of second-degree possession of a ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court sentenced defendant in accordance with the plea agreement ... merit to warrant extensive discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the ... not functioning as counsel guaranteed by the Sixth Amendment ; and (2) defendant suffered prejudice as a result. [ State v. L.A. , 433 N.J. Super. 1 , 13 (App. Div. 2013 ... reasonableness." Id. at 688, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. This requires a showing that ...

docket:	a5515-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-28
status:	unpublished
citation:
Document Size:	24813

1469 State of New Jersey v. R.T. -- rank: 470

... to the Supreme Court as of right, pursuant to Rule 2:2-1(a)(2). HELD : The members of the Court being equally divided on ... App. Div. 2009). The State appeals as of right. R. 2:2-1(a). The evidence in this case did not warrant ... assault, in violation of N.J.S.A. 2C:14-2(a)(1); two counts of aggravated sexual assault, in ...

docket:	A-73-09
court:	NJ Supreme Court
decided:	2011-04-28
status:
citation:	205 N.J. 493 16 A.3d 365
Document Size:	136797

1470 THOMAS D. WILLIAMSON v. TREASURER, STATE OF NEW JERSEY, -- rank: 470

... Court of New Jersey, Law Division, Mercer County, Docket Number L- 2423-01.         David Samson, Attorney General, attorney for appellant (Michael ... payable. N.J.S.A. 46:30B-22. See footnote 2 2 Such policies mature at the time of death of the ... and place restrictions in N.J.S.A. 47:1A-2. We agree with her decision granting summary judgment. See Brill ... and shall not be considered a public record under section 2 of P.L. 1963, c. 73 (C.47:1A- 2). Any record ...

docket:	A2355-01
court:	NJ Superior Court Appellate Division
decided:	2003-02-04
status:	published
citation:	357 N.J. Super. 253 814 A.2d 115
Document Size:	48766