Search Rutgers Law Library N.J. Court Opinions

1546 STATE OF NEW JERSEY v. CARLEE M. BRENNAN -- rank: 465

... T]he Heroin Would Have Been Inevitably Discovered Through Impoundment. 2. The State Failed To Prove That [T]he Heroin Would ... denied both motions in a comprehensive, well-reasoned, written opinion. 2 The judge found LaBarre credible in his testimony recounting the ... U.S. 213 , 238, 103 S. Ct. 2317 , 2332, 76 L. Ed.2d 527 , 548 (1983). We first address defendant's argument ... denied , 465 U.S. 1030 , 104 S. Ct. 1295 , 79 L. Ed.2d 695 (1984). Such encounters are justified only if ...

docket:	a0349-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-28
status:	unpublished
citation:
Document Size:	31504

1547 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status:	unpublished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

1548 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
court:
decided:	2009-05-05
status:
citation:	199 N.J. 381 972 A.2d 1112
Document Size:	132192

1549 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

1550 DR. JOHN PETROZZI v. CITY OF OCEAN CITY -- rank: 465

... DIVISION R. & MRS. JACK DOUGHERTY; MR. NICHOLAS TALOTTA & MR. THOMAS L. PAGANO; MR. & MRS. KURT ASPLUNDH; MR. & MRS. MICHAEL C. COYLE ... RUTH E. ADLAM; MR. & MRS. DANIEL F. AMOROSO; MS. MARTHA L. ASPLUNDH; MR. BRETT A. BOAL & MS. LISA MARI SHEPPARD; MR ... ASSOCIATES, LLC (a/k/a Mumma Family); MR. & MRS. WILLIAM L. MOPPERT; MS. VERONICA MORTELITE; DR. & MRS. JAMES J. NICHOLSON; MR ... LoPRESTI; MR. & MRS. JACK DOUGHERTY; MR. NICHOLAS TALOTTA & MR. THOMAS L. PAGANO; MR. & MRS. DANIEL T. HUGHES; MR. & MRS. KURT ASPLUNDA ... RUTH E. ADLAM; MR. & MRS. DANIEL F. AMOROSO; MS. MARTHA L. ASPLUNDH; MR. BRETT A. BOAL & MS. LISA MARI SHEPPARD; MR ... ASSOCIATES, LLC (a/k/a Mumma Family); MR. & MRS. WILLIAM L. MOPPERT; MS. VERONICA MORTELITE; DR. & MRS. JAMES J. NICHOLSON; ...

docket:	a1633-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	published
citation:	433 N.J.Super. 290 78 A.3d 998
Document Size:	79887

1551 STATE OF NEW JERSEY v. KEYSHON T. SOWELL -- rank: 465

... including: second-degree burglary, N.J.S.A. 2C:18-2 (count one); nine counts of first and second-degree robbery ... warrant to conduct a further search of the two vehicles. 2 All five defendants apparently filed motions to suppress arising out ... Gonzalez identified himself and commanded them to stop, they "bolt[ed]" in different directions and the officers gave chase. Once Gonzalez ... Yes. [Counsel]: And your conduct that you described for Count 2 involved that conduct regarding all people that were there. Is ... U.S. 491 , 497, 103 S. Ct. 1319 , 1324, 75 L. Ed.2d 229 , 236 (1983)). Such encounters are known as ...

docket:	a3568-09
court:	NJ Superior Court Appellate Division
decided:	2013-10-08
status:	unpublished
citation:
Document Size:	57892

1552 STATE OF NEW JERSEY v. LEWIS PALMER -- rank: 465

... Michael A. Priarone, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (James F. Smith ... 4); second-degree burglary, N.J.S.A. 2C:18-2; third-degree criminal restraint, N.J.S.A. 2C:13-2; second- and third-degree firearms offenses, , N.J.S.A ... commit the charged offenses, N.J.S.A. 2C:5-2. At defendant's sentencing in July 2001, the court merged ... Release Act (NERA), N.J.S.A. 2C:43-7.2; for the convictions for second-degree aggravated assault in shooting ... IF DEFENDANT LOST TRIAL IN VIOLATION OF R. 3:9-2 AND DEPRIVED THE DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO ...

docket:	a2234-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	36781

1553 ALLIANCE BERNSTEIN INVESTMENTS INC v. JEFFREY M. ESCHERT -- rank: 465

... New York bar, admitted pro hac vice, of counsel; Wanda L. Ellert, on the brief). Andrew I. Hamelsky argued the cause ... committed both during and after Eschert's employment with AllianceBernstein. 2 Because we conclude that at the time Eschert commenced the ... Agreement contracts (1) "to correct the [Form] U-5" and (2) "to belatedly expunge Eschert's [Form] U-5 and Amended ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158, 190 (App. Div.), certif. denied , 196 N.J. 85 (2008 ... J. Super. 560 , 573 (App. Div. 2007) (quoting Manalapan Realty, L.P. v. Twp. Comm. , 140 N.J. 366 , 378 (1995 ... a means of resolving disputes[.]'" Angrisani v. Fin. Tech. Ventures, L.P. , 402 N.J. Super. 138 , 148 (App. Div. ...

docket:	a5420-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	45087

1554 IN THE MATTER OF NEW JERSEY SPORTS AND EXPOSITION AUTHORITY RESOLUTION 2020-07 ADOPTING THE HACKENSACK MEADOWLANDS DISTRICT MASTER PLAN UPDATE 2020 -- rank: 465

... 1391-18 (App. Div. Aug. 4, 2020) (slip op. at 2-13), certif. denied, 244 N.J. 459 (2020), among others ... We address this application infra Part V. A-2868-19 2 I. To place the parties' dispute in proper context, we ... HMRDA), N.J.S.A. 13:17-1 to -86.2 It is comprised of a 30.4 square-mile area ... covering parts of fourteen municipalities3 in Bergen and Hudson Counties. 2 The HMRDA 'represents a legislative plan for the reclamation and ... and tax burdens resulting from the planned development.' Meadowlands Reg'l Redevelopment Agency v. State, 63 N.J. 35, 39 (1973 ... stages in the future development of the district.' [Meadowland Reg'l Dev. Agency v. Hackensack Meadowlands Dev. Comm'n., 119 ...

docket:	a2868-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	100326

1555 /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. ...

docket:
court:	superior court appellate division
decided:
status:
citation:
Document Size:	19443

1556 STATE OF NEW JERSEY v. LISANDRO THEN-MENDEZ -- 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:	a1790-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	Published
citation:
Document Size:	112464

1557 BTD-1996, NPC 1 L.L.C. v. 350 WARREN L.P. -- rank: 465

... JERSEY                             APPELLATE DIVISION                             A-5061-98T1 BTD-1996, NPC 1 L.L.C., a Delaware Limited Liability Company,     Plaintiff-Respondent, v. 350 WARREN L.P., a New Jersey Limited Partnership,     Defendant. ____________________________ HUDSON COUNTY SHERIFF ... out of plaintiff's $1,000 deposit. Defendant, 350 Warren, L.P., paid plaintiff $2,400,000 (in settlement of the $3,830,913.23 ... 408.64 if the statutory fee is enforceable. See footnote 2 2 Plaintiff would not pay the disputed statutory fee ...

docket:	a5061-98
court:	njappellate
decided:	2000-08-03
status:	published
citation:	333 N.J.Super. 476
Document Size:	50369

1558 STATE OF NEW JERSEY v. JUAN CONTRERAS -- rank: 465

... 12(a)(1) should be relaxed due to excusable neglect; (2) defendant was denied the effective assistance of counsel because his ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 686, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692). To show that he or she was ... S. at 687-88, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. In addition, the defendant "must ...

docket:	a5843-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-13
status:	unpublished
citation:
Document Size:	36134

1559 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

1560 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