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1531 STATE OF NEW JERSEY v. GRADY RIDDICK -- rank: 468

... Decided May 18, 2007. Before Judges Lintner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey ... 730 , 736-37, 103 S. Ct. 1535 , 1540-41, 75 L. Ed.2d 502 , 510-11 (1983). Firstly, Vazquez was lawfully in ... He has four indictable convictions, the last one back to 2/11/93. However, he has an intervening disorderly person's ... and that defendant was charged accordingly. Consequently, the judge ruled: [L]egally I think you can go into the charges, but ... respond to (1) admissible evidence that generates an issue, or (2) inadmissible evidence admitted by the court over objection. The ...

docket:	A0246-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-18
status:	unpublished
citation:
Document Size:	113534

1532 STATE OF NEW JERSEY v. JAMES H. WRIGHT, JR -- rank: 468

... Law Division, Middlesex County, Indictment No. 04-12-1762. Alan L. Zegas argued the cause for appellant (Law Offices of Alan L. Zegas, attorneys; Mr. Zegas and Edward J. Byrne, on the ... register in accordance with N.J.S.A. 2C:7-2, and community supervision pursuant to N.J.S.A. 2C ... 434 , 467 (1994); see Rivera v. Illinois , 77 U.S.L.W. 4232 , 4234 (U.S. Mar. 31, 2009); Ross v ... U.S. 81 , 88, 108 S. Ct. 2273 , 2278, 101 L. Ed.2d 80 , 90 (1988). "[F]or the forced expenditure ...

docket:	a3687-06
court:	njappellate
decided:	2009-04-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	88955

1533 STATE OF NEW JERSEY v. TERRY E. CAMPBELL -- rank: 468

... N.J.S.A. 2C:39-5(d) (count nine). 2 After merging count three with count two, the trial judge ... Early Release Act, N.J.S.A. 2C:43-7.2, on count one; a consecutive 365-day term on count ... he and defendant went upstairs to the bedroom at approximately 2:00 a.m. He noted at the time that the ... on the door, while defendant stood next to him, saying "[l]et me help you get the chain off the door ... denied , 534 U.S. 858, 122 S. Ct. 136, 151 L. Ed. 2d 89 (2001). When reviewing whether prosecutorial misconduct rises ...

docket:	a0961-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-15
status:	unpublished
citation:
Document Size:	70715

1534 STATE OF NEW JERSEY v. BRANDON KANE -- rank: 468

... Charlie), N.J.S.A. 2C:12-1(b)(1); 2 and fourth-degree criminal trespass of Charlie's home, N ... of second-degree burglary, N.J.S.A. 2C:18-2. The jury acquitted defendant of first-degree attempted murder of ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Having considered defendant's arguments in light of the record ... supervision under NERA, N.J.S.A. 2C:43-7.2. The court imposed a concurrent four-year term on the ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963), do not extend to documents in ...

docket:	a2739-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	published
citation:	449 N.J.Super. 119 155 A.3d 612
Document Size:	60481

1535 SOCIETY OF THE HOLY CHILD JESUS d/b/a OAK KNOLL SCHOOL VS CITY OF SUMMIT -- rank: 468

... of the property in violation of the zoning ordinance . . . result[ed] in a denial of its tax exemption." Soc'y of ... be applied depending upon which party prevailed in this appeal. 2 II. The judge's decision was purely a legal one to which we owe no deference. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... qualified under the clear and unambiguous provisions of the Statute; 2) any violation of Summit's zoning ordinance cannot serve as ... for profit . [ N.J. Const. art. VIII, § I, ¶ 2 (emphasis added).] Subject to certain exceptions that are irrelevant here ... denied , 520 U.S. 1241 , 117 S. Ct. 1845 , 137 L. Ed.2d 1048 (1997).] The "legislative design" of the ...

docket:	a1126-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:	418 N.J. Super. 365 13 A.3d 886
Document Size:	70474

1536 STATE OF NEW JERSEY v. CARLOS DELEVRY -- rank: 468

... Krakora, Public Defender, attorney for appellant Marcus Lamar Livingston (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... four in his photo array book resembled the taller robber. 2 Similarly, Aguilar stated that photograph number three in her photo ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and a concurrent five-year term of ... nature or substantially implicate the public interest."); R. 1:7-2. Nonetheless, a court may reverse where the unchallenged error was "clearly capable of producing an unjust result." R. 2:10-2. In this case, recognizing that misidentification can compromise an ...

docket:	a2058-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82749

1537 Lisa Pfenninger, et al. v. Hunterdon Central Regional High School, et als. -- rank: 468

... the defendants' responsibilities on those related projects. (pp. 4-7) 2. Whether a duty of care exists is ultimately a question ... project manager;” and that O'Sullivan and the Board “fail[ed] . . . to exercise due care in their joint and separate obligations ... sent Pfenninger a complete order of conforming pipe. See footnote 2 2     On August 9, 1994, the Board ordered the pipe required ... Keeton on the Law of Torts § 92, at 656 (5th ed. 1984). Thus, “if a relation exists which would give rise ... promise itself, the tort action will lie, otherwise not.” William L. Prosser, Handbook of the Law of Torts § 33, at ...

docket:	a-73-99
court:	njsupreme
decided:	2001-03-13
status:
citation:	167 N.J. 230
Document Size:	88532

1538 /usr/local/share/www/libweb/collections/courts/appellate/a2274-17.opn.html -- rank: 468

... Court of New Jersey, Law Division, Morris County, Docket No. L-1652-12. Gold Albanese Barletti & Locascio, LLC, attorneys for appellant ... 14; and for an involuntary dismissal under Rule 4:37-2(b), a directed verdict under Rule 4:40-1, and ... verdict and a new trial pursuant to Rule 4:40-2. Defendant also appeals from the court's orders denying its ... include any new causes of action allegations. A-2274-17T4 2 appeals from the court's orders dismissing his punitive damages ... to trial on plaintiff's age discrimination and retaliation claims. 2 The Trial Evidence Following the presentation of evidence at trial ... employee Henry Ruiz; and his treating physician, Dr. Kenneth Miller. 2 Plaintiff did not prosecute his CEPA or WHL claims ...

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1539 STATE OF NEW JERSEY v. MICHAEL DAMON -- rank: 468

... respects in her questioning of witnesses and in her summation; (2) the court improperly admitted Broome's out-of-court police ... Event or Que st for Truth? , 1 963 Wash. U.L.Q. 279 (1963)). Defendant does not quarrel with these well ... U.S. 400 , 409, 108 S. Ct. 646 , 653, 98 L. Ed.2d 798 , 810 (1988). This constitutional right is squarely implicated ... U.S. at 417, 108 S. Ct. at 657, 98 L. Ed. 2d at 815; State v. Gonzalez , 223 N.J. ...

docket:	a2626-05
court:	NJ Superior Court Appellate Division
decided:	2008-12-16
status:	unpublished
citation:	199 N.J. 130 970 A.2d 1046
Document Size:	113104

1540 STATE OF NEW JERSEY v. THOMAS J. ROSSMAN -- rank: 468

... 346 , 356-57 (2002); State v. Tucker , 136 N.J. 158 , 167 (1994). This standard requires "'some minimal level of objective ... U.S. 1 , 7, 109 S. Ct. 1581 , 1585, 104 L. Ed.2d 1 , 10 (1989)). The source of information Smith relied ... U.S. 325 , 329, 110 S. Ct. 2412 , 2415, 110 L. Ed.2d 301 , 308 (1990) (quoting Illinois v. Gates , 462 U.S. 213 , 237, 103 S. Ct. 2317 , 2332, 76 L. Ed.2d 527 , 548 (1983)); State v. Rodriguez , 172 ...

docket:	a5382-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	unpublished
citation:
Document Size:	27712

1541 Gonzalez v. Wilshire Credit Corp. -- rank: 468

... action would be dismissed when plaintiff made the account current. 2 In July 2007 , plaintiff filed a complaint alleging that defendants ... forcing a borrower to purchase unnecessary insurance. (pp. 20-24) 2. The Court need not address whether Cityscape had a direct ... those entities for Cityscape in its relationship with plaintiff; and (2) U.S. Bank through Wilshire contracted directly with plaintiff in ... Anthony J. Risalvato , of counsel and on the briefs). Madeline L. Houston argued the cause for respondent ( Houston & Totaro , attorneys). Janine ... purchased a home in Perth Amboy as tenants in common; 2 both of their names were placed on the deed. 3 ... court. Plaintiff agreed to make a lump sum payment of $2,200 and then monthly payments of $1,000 through ...

docket:	A-99-09
court:	NJ Supreme Court
decided:	2011-08-29
status:
citation:
Document Size:	99558

1542 STATE OF NEW JERSEY v. MICHAEL LAMAR LIVINGSTON -- rank: 468

... Krakora, Public Defender, attorney for appellant Marcus Lamar Livingston (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... four in his photo array book resembled the taller robber. 2 Similarly, Aguilar stated that photograph number three in her photo ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and a concurrent five-year term of ... nature or substantially implicate the public interest."); R. 1:7-2. Nonetheless, a court may reverse where the unchallenged error was "clearly capable of producing an unjust result." R. 2:10-2. In this case, recognizing that misidentification can compromise an ...

docket:	a2674-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82760

1543 STATE OF NEW JERSEY v. DWAYNE WATT -- rank: 468

... of eleven years incarceration with three years of parole ineligibility, 2 and imposed appropriate fees and penalties. Defendant appeals the denial ... U.S. 213 , 238, 103 S. Ct. 2317 , 2332, 76 L. Ed.2d 527 , 548 (1983)). Probable cause existed in this case ... U.S. 294 , 300, 107 S. Ct. 1134 , 1139, 94 L. Ed.2d 326 , 334 (1987) ). "'[W]hen the police [come] on ... the State's witnesses, nothing more and nothing less, and (2) the alleged bolstering of the credibility of police testimony ...

docket:	a3934-06
court:	superior court appellate division
decided:	2010-11-03
status:	unpublished
citation:
Document Size:	48586

1544 STATE OF NEW JERSEY v. ANTOINE DENNIS -- rank: 468

... to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); first-degree armed robbery ... J.S.A. 2C:11-3(a)(1) and/or (2) (count three); first-degree felony murder, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2(a), 1 on count three, murder. On count seven, the ... found in Pizzarelli's car and in defendant's apartment; 2) the medical examiner's testimony that it "certainly took a ... plain error," "clearly capable of producing an unjust result." R. 2:10-2. The error must be "sufficient to raise a reasonable ...

docket:	a2956-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-29
status:	unpublished
citation:
Document Size:	66218

1545 STATE OF NEW JERSEY v. DORELL A. HUGGUP -- rank: 465

... Michael C. Kazer, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack R. Martin ... degree aggravated sexual assault, N.J.S.A. 2C:13-2 (count five); two counts of third-degree endangering the welfare ... him; such findings are entitled to our deference. State v. L ocu rto , 157 N.J. 463 , 474-75 (1999). We ... have been clearly capable of producing an unjust result . . . ." R. 2:10-2. Defendant has failed to meet this burden. Larry Huggup testified ... 207 (2008), in which the Court defined such error as "[l]egal impropriety in the charge prejudicially affecting the substantial ...

docket:	a6034-06
court:	superior court appellate division
decided:	2010-04-01
status:	unpublished
citation:
Document Size:	40703