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1546 /usr/local/share/www/libweb/collections/courts/appellate/a5556-17.opn.html -- rank: 465

... attorney; Margaret McLane, of counsel and on the briefs). Meredith L. Balo, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... respondent (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Meredith L. Balo, of counsel and on the brief). PER CURIAM Defendant ... could] rob' and eventually decided to rob a gas station. 2 1 In our separate opinion in the companion appeal filed ... Charles, No. A-1136-17 (App. Div. Dec. 18, 2020). 2 Onyeagoro pled guilty to second-degree conspiracy and turned State's witness. A-5556-17T4 2 The three went forward with the plan. At approximately 2:30 a.m., Onyeagoro distracted the gas station attendant ...

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1547 STATE OF NEW JERSEY v. HAROLD ANTHONY TUCKER -- rank: 465

... degree murder, N.J.S.A. 2C:11-3a(1)(2); second-degree possession of a weapon for an unlawful purpose ... noticed the victim pull a gun out of his pocket. 2 Defendant testified that he heard gun shots, but was "not ... Raised Below). B. During summation the prosecutor improperly and repeat[][ed]ly misstated the facts, placed his personal belief on the ... to an investigator in preparation for her trial testimony; and (2) a copy of the videotape showing the police removing cash ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993). A. As to the defendant's ...

docket:	a1398-12
court:	NJ Superior Court Appellate Division
decided:	2015-10-13
status:	unpublished
citation:
Document Size:	50697

1548 /usr/local/share/www/libweb/collections/courts/appellate/a5174-09a5175-09.opn.html -- rank: 465

... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.F., Defendant-Appellant. ______________________________ IN THE MATTER OF THE GUARDIANSHIP OF ... Guardian, attorney; Ms. Belfatto Crisp, on the brief). PER CURIAM L.F. appeals from a May 12, 2010 order terminating her ... the most pertinent facts, and that they are essentially undisputed. L.F. is developmentally disabled. She has an I.Q. of ... B.S.F., has even more severe developmental disabilities than L.F., including a form of autism and attention deficit disorder ... Division of Youth and Family Services (DYFS) had been providing L.F. with services since 1990, in 1997 her three children ... were placed outside the home, because it was clear that L.F. could not care for them. In 1999, B. ...

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court:	superior court appellate division
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1549 JOHN C. BERKERY, SR. v. MONICA YANT KINNEY, PHILADELPHIA NEWSPAPERS, INC., et al. -- rank: 465

... Court of New Jersey, Law Division, Camden County, Docket No. L-5139-06. John C. Berkery, Sr., argued the cause pro ... not plaintiff was a 'first amendment limited-purpose public figure;'" (2) plaintiff "has been a private individual with a right to ... Sullivan , 376 U.S. 254 , 84 S. Ct. 710 , 11 L. Ed.2d 686 (1964), the United States Supreme Court held that ... U.S. 323 , 342, 94 S. Ct. 2997 , 3008, 41 L. Ed.2d 789 , 807 (1974) (citing New York Times , supra , ...

docket:	A1575-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-18
status:	published
citation:	397 N.J.Super. 222 936 A.2d 101
Document Size:	46391

1550 STATE OF NEW JERSEY v. ROBERT J. GARDNER -- rank: 465

... aggravated manslaughter, N.J.S.A. 2C:11-4(a)(l) (count one); second-degree vehicular homicide, N.J.S.A ... degree assault by auto, N.J.S.A. 2C:12-l(c)(2) (count five). In a separate indictment, defendant was also charged ... his convictions and raises the following arguments: A-2550-19 2 POINT I THE PROSECUTOR'S SUMMATION IMPERMISSIBLY COMMENTED ON THE ... 1) 'inappropriately commented on [defendant]'s right to remain silent'; (2) 'shifted the burden of proof to the defense'; and (3 ... have testimony in the case that he saw the truck.'; (2) 'Nobody testified here that the defendant was fearful and ...

docket:	a2550-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	69762

1551 Howard D. Brunson v. Affinity Federal Credit Union -- rank: 465

... whether: 1) there exists a viable claim for malicious prosecution; 2) there is a cause of action for negligent investigation; and ... criminal action was instituted by the defendant against the plaintiff; 2) that it was actuated by malice; 3) that there was ... probable cause sufficient to also demonstrate malice. (Pp. 13-20) 2. Returning to the point in time when Affinity and Wilcox ... give immediate credit for payroll checks issued by certain employers, 2 he was allowed to withdraw immediately the entire deposit in ... N.J. Super. at 453.] Finally, the panel "briefly address[ed] plaintiff's argument that he need not be present to ... criminal action was instituted by the defendant against the plaintiff, (2) that it was actuated by malice, (3) that there ...

docket:	a-60-08
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decided:	2009-05-05
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citation:	199 N.J. 381 972 A.2d 1112
Document Size:	132192

1552 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES' INSTITUTIONAL ABUSE INVESTIGATION UNIT v. S.P -- rank: 465

... attorneys; Mr. Bucceri, of counsel and on the briefs). Kelley L. Johnston, Deputy Attorney General, argued the cause for respondent in ... by the IAIU violate due process and fundamental fairness; and (2) the conclusion reached by the IAIU must be stricken as ... 4807-06T2, G.W. appeals from a report dated April 2, 2007 in which the IAIU indicated that the allegations against ... questions, replied that he did not know. Student witness, A.L., informed the investigator that "[G.W.] does not hit us ... our head." When questioned about F.R.'s glasses, A.L. explained that they came off of F.R.'s face ... as [G.W.] touched the side of his face." J.L.D., another student, witnessed the incident and reported that ...

docket:	a2522-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-27
status:	Published
citation:
Document Size:	61341

1553 STATE OF NEW JERSEY v. LAWRENCE THOMAS -- rank: 465

... for appellant (Michael Confusione, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor (Elizabeth R. Rebein, Assistant Prosecutor, of ... sweatshirt pocket. Police arrested defendant, advised him of his Miranda 2 rights, and then asked defendant additional questions about the residence ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). Here, the judge in the first trial ... U.S. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2d at 706). There is no credible evidence indicating ...

docket:	a3735-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-13
status:	unpublished
citation:
Document Size:	39274

1554 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES' INSTITUTIONAL ABUSE INVESTIGATION UNIT v. S.P -- rank: 465

... attorneys; Mr. Bucceri, of counsel and on the briefs). Kelley L. Johnston, Deputy Attorney General, argued the cause for respondent in ... by the IAIU violate due process and fundamental fairness; and (2) the conclusion reached by the IAIU must be stricken as ... 4807-06T2, G.W. appeals from a report dated April 2, 2007 in which the IAIU indicated that the allegations against ... questions, replied that he did not know. Student witness, A.L., informed the investigator that "[G.W.] does not hit us ... our head." When questioned about F.R.'s glasses, A.L. explained that they came off of F.R.'s face ... as [G.W.] touched the side of his face." J.L.D., another student, witnessed the incident and reported that ...

docket:	a4807-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-27
status:	Published
citation:
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1555 STATE OF NEW JERSEY v. KEITH V. PITTMAN -- rank: 465

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, he makes the following arguments: POINT I THE ... See State v. Stenson , 940 P.2d 1239 (Wash. 1997), 2 cert. denied , 523 U.S. 1008 , 116 S. Ct. 1193 , 140 L. Ed.2d 323 (1998). Turning to the matter on appeal, the ... National Institute of Justice, U.S. Department of Justice, 1989 ed.) (detailing the history of the test). 4 Without doubt, the ... N.J. 54 , cert. denied , ___ U.S. ___, 120 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the Court summarized ...

docket:	a5867-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	published
citation:	419 N.J. Super. 584 18 A.3d 203
Document Size:	39003

1556 STATE OF NEW JERSEY v. JOHN E. KINDT, JR -- rank: 465

... or interference with custody, N.J.S.A. 2C:5-2. Defendant and Froland were also separately charged with fourth-degree ... State v. Kindt , No. A-2509-06 (App. Div. June 2, 2008), certif. denied , 196 N.J. 464 (2008). In October ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). We must hew to this standard of ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), adopted in State v. Fritz , 105 ...

docket:	a4422-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-29
status:	unpublished
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1557 LOIS DANIELS v. MICHAEL DANIELS et al. -- rank: 465

... Respondents. _____________________________ Argued October 3, 2005 Before Judges Lisa and S.L. Reisner. Reargued October 28, 2005 - Decided Before Judges Coburn, Lisa and S.L. Reisner. On appeal from the Superior Court of New Jersey ... Division, Family Part, Morris County, FD-14-414-04. Christopher L. Garibian, argued the cause for appellant (Salvaggio Garibian, attorneys; Mr. Garibian, on the brief). Alan L. Zegas, argued the cause for respondents (Mr. Zegas and Edward ... brief). The opinion of the court was delivered by S.L. REISNER, J.A.D. This case arises from a complaint ... the Grandparent Visitation Statute (GVS), N.J.S.A. 9:2-7.1. The trial court granted defendants' motion to ...

docket:	a7123-03
court:	njappellate
decided:	2005-11-16
status:	published
citation:	381 N.J. Super. 286
Document Size:	64668

1558 STATE OF NEW JERSEY v. ALLAN BRAY, -- rank: 465

... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), adopted in New Jersey by State ... contending: (1) his indictment was the product of prosecutorial misconduct; (2) defendant was deprived of the effective assistance of trial counsel ... victim's credibility); Smith v. State , 377 S.E.2d 158 , 160 (Ga. 1989) (evidence of previous false allegations of sexual ... Virginia , 522 U.S. 1004 , 118 S. Ct. 577 , 139 L. Ed.2d 416 (1997). Where the trial court is satisfied ...

docket:	a6081-01
court:	njappellate
decided:	2003-01-10
status:	published
citation:	356 N.J. Super. 485
Document Size:	40109

1559 STATE OF NEW JERSEY VS RONALD GIBSON -- rank: 465

... cocaine and/or heroin," N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5 (count four ... Super. 358 (App. Div. 1993), aff'd , 136 N.J. 158 (1994), and in fact, it was really a “ State [v ... States , 390 U.S. 377 , 88 S. Ct. 967 , 19 L. Ed. 2d 1247 (1968), regarding the use of a defendant's ... U.S. 347 , 351, 88 S. Ct. 507 , 511, 19 L. Ed.2d 576 , 582 (1967). See also New York v. ...

docket:	a6554-96
court:	njappellate
decided:	1999-01-21
status:	published
citation:	318 N.J.Super. 1
Document Size:	21763

1560 STATE OF NEW JERSEY v. WINSTON BEARD Defendant-Appellant -- rank: 465

... 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count one); second-degree aggravated assault on Alex Perez ... 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count two); and third-degree possession of a weapon ... on seventeen dates between May 31 and June 23, 2006. 2 The jury convicted Then of the lesser-included offense of ... They went to where they knew Perez and McDonald "chill[ed] out" and parked their car around the corner. Perez had ... right to challenge the instruction on appeal. R. 1:7-2; State v. Afanador , 151 N.J. 41 , 54 (1997). "A ... error clearly capable of producing an unjust result." Ibid. ; R. 2:10-2. Put another way, erroneous instructions in criminal ...

docket:	a2480-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	unpublished
citation:
Document Size:	115694