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1591 STATE OF NEW JERSEY v. CORNELIUS C. UTLEY -- rank: 462

... of third-degree burglary, N.J.S.A. 2C:18-2 (count one); third-degree theft, N.J.S.A. 2C ... two); second-degree eluding, N.J.S.A. 2C:29-2(b) (count five); and three counts of second-degree aggravated ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consecutive to the sentence imposed on count five. Defendant moved ... 3 into the morning hours of May 4. At approximately 2:00 a.m., he observed two vehicles, a white and ... we review the claims under the plain error standard. R. 2:10-2. "In the context of a jury charge, plain error ...

docket:	a3831-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-23
status:	unpublished
citation:
Document Size:	45575

1592 James v. Bessemer Processing Co. Inc. -- rank: 462

... regular and proximate exposure to a defendant's products; and 2) medical and/or scientific proof of a nexus between the ... in the light most favorable to plaintiff. (pp. 6-18) 2. As an environmental tort action, this lawsuit is excluded from ... counsel). Ronald M. Gutwirth argued the cause for respondent. Mark L. Czyz on behalf of appellant CITGO Petroleum Corporation relied upon ... Griffinger & Vecchione , attorneys; Mr. Loprete , Anthony P. LaRocco and Heather L. Akawie , on the brief).     The opinion of the Court was ... a New Theory of Justice and Toxic Torts , 97 Colum. L. Rev. 2117 (1997); David M. Benjamin, Elements of Causation in ... Rational Solution to the Problem of Causation? , 7 High Tech. L.J. 189 (1992); Christopher L. Callahan, Establishment of Causation ...

docket:	a-115-97
court:	njsupreme
decided:	1998-07-27
status:
citation:	155 N.J. 279
Document Size:	100902

1593 STATE OF NEW JERSEY v. CRAIG SCOTT, a/k/a ALTEREK JONES, RICKY JONES RICKY SMIOTH and RICKY SMITH -- rank: 462

... statement and a question-and-answer statement to the police. 2 McKinney stated he was jumped by a "group of dudes ... five), in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b); and ... Release Act (NERA), N.J.S.A. 2C:43-7.2, the trial judge determined defendant was ineligible for parole for ... NUMBER TWO WAS UNABLE TO CONTINUE UNDER R. 1:8-2(d), AND THE JURORS HAD YET TO REACH A CRUCIAL ... had the clear capacity to produce an unjust result. R. 2:10-2. In other words, if the court had conducted the ...

docket:	a2948-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-08-13
status:	Published
citation:
Document Size:	53179

1594 STATE OF NEW JERSEY v. GABRIEL ROMERO SANCHEZ -- rank: 462

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... degree murder, N.J.S.A. 2C:11-3a(1)-(2), two counts of felony murder (one in the course of ... 1; second-degree burglary, N.J.S.A. 2C:18-2; third-degree possession of a weapon with the purpose to ... Release Act (NERA), N.J.S.A. 2C:43-7.2. His other convictions were merged. I The victim of defendant ... returned home and at another point said it was about 2:00 a.m. Defendant first spoke about his entry into ... he entered the house through the basement window at about 2:00 a.m. because he needed money. 2 After ...

docket:	a4385-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-17
status:	Published
citation:
Document Size:	56026

1595 IN THE MATTER OF READOPTION WITH AMENDMENTS OF DEATH PENALTY REGULATIONS N.J.A.C. 10A:23 -- rank: 462

... Superior Court of New Jersey, Law Division, Mercer County, MER-L-1740-02. Kevin D. Walsh argued the cause for appellant ... by Abbott v. Burke , 149 N.J. 145 , 174 (1997); L.T. v. N.J. Dept. of Human Services , 134 N ... whether the administrative action violates express or implied legislative policies, (2) whether there is substantial evidence in the record to support ... 168 N.J. 1 , 10-11 (2001); R & R Marketing L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 (1999); Public Serv. Elec. and ...

docket:	A0899-01
court:	NJ Superior Court Appellate Division
decided:	2004-02-20
status:	published
citation:	367 N.J. Super. 61 842 A.2d 207
Document Size:	31801

1596 /usr/local/share/www/libweb/collections/courts/appellate/a5468-14.opn.html -- rank: 462

... deadly weapon, N.J.S.A. 2C:12-1(b)(2) (a lesser-included offense of count one); second-degree unlawful ... denied , 543 U.S. 876 , 125 S. Ct. 108 , 160 L. Ed.2d 128 (2004)). Where no such exception exists, "[t]he ... U.S. 471 , 485, 83 S. Ct. 407 , 416, 9 L. Ed.2d 441 , 454 (1963)). "Under the exclusionary rule, 'the prosecution ... U.S. 431 , 443, 104 S. Ct. 2501 , 2508, 81 L. Ed.2d 377 , 387 (1984)). The inevitable discovery doctrine ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	39259

1597 NEW YORK SMSA LIMITED PARTNERSHIP v. BOROUGH OF MIDLAND PARK ZONING BOARD OF ADJUSTMENT -- rank: 462

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7488-11. Douglas F. Doyle argued the cause for appellant ... on the brief; Daniel E. Zwillenberg, on the brief). Richard L. Schneider and Gregory D. Meese argued the cause for respondents ... variances under N.J.S.A. 40:55D-70(c)(2), and for site plan approval. The trial court reversed the ... and T-Mobile's three equipment cabinets, which would measure 2.5 feet wide by 4.5 feet high. The site ... be within 121 feet of the nearest residential property, and 158 feet from the nearest house. The carriers need a use ... a seventy-five percent maximum, would rise an additional 0.2 percent; (2) maximum equipment shelter height of eight feet ...

docket:	a5070-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	69394

1598 In re: Princeton Office Park v. Plymouth Park Tax Services, LLC -- rank: 462

... Court of Appeals for the Third Circuit pursuant to Rule 2:12A-1. The Third Circuit’s inquiry is whether, under ... and set the redemption amount at $1,012,188.80. 2 On September 9 , 2008, while Plymouth Park’s foreclosure action ... favor of Princeton Office Park. In re Princeton Office Park, L.P. , 423 B.R. 795 , 797 (Bankr. D.N.J ... Third Circuit. Following oral argument, the Third Circuit invoked Rule 2:12A to raise a question that it considered to be ... an order accepting the question as certified, pursuant to Rule 2:12A. HELD: The Court answers the Third Circuit’s certified ... N.J.S.A. 54:5-87). (pp. 11-16) 2. The legislative purpose of the Tax Sale Law is ...

docket:	A-107-11
court:	NJ Supreme Court
decided:	2014-06-25
status:
citation:
Document Size:	90879

1599 STATE OF NEW JERSEY v. AZIZ GILLIARD -- rank: 462

... testify. The court then inquired as to whether defendant "want[ed] the charge," and defendant nodded in the affirmative. Accordingly, the ... Release Act (NERA), N.J.S.A. 2C:43-7.2, as well as a consecutive sentence of ten years in ... point heading with five sub-headings, in contravention of Rule 2:6-2(a)(5), appeals the denial of his PCR petition, arguing ... post-conviction relief.'" State v. Marshall , 148 N.J. 89 , 158 (alteration in original) (quoting State v. Preciose , 129 N.J ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). "To establish such a prima ...

docket:	a0476-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-17
status:	unpublished
citation:
Document Size:	34508

1600 CRYSTAL ICE-BRIDGETON LLC v. CITY OF BRIDGETON -- rank: 462

... Court of New Jersey, Law Division, Cumberland County, Docket No. L-210-10. Jeffrey A. Dilazzero argued the cause for appellant ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins ... hidden pockets of fire" because the "fire was still burning." 2 The Chief determined that the fire was "under control" by ... the demolition pursuant to N.J.A.C. 5:23-2.32(b)(2) and the procedural safeguards provided in N.J.S.A. 40:48-2.5(f)(2). In October 2011, Judge David W. ...

docket:	a1687-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	Published
citation:	428 N.J.Super. 576 54 A.3d 848
Document Size:	33319

1601 FIRST AMERICAN TITLE INSURANCE COMPANY v. JORDAN W. KAPCHAN, ESQUIRE -- rank: 462

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1082-09. Robert L. Grundlock, Jr., argued the cause for appellant (Rubin, Ehrlich & Buckley ... instructions stated that five of Gertrude Banks' relatives_specifically, Clyde L. Banks, Emmet L. Banks, Isaac S. Banks, Phyllis Banks Hunt, and Bertha Banks ... Washington , 326 U.S. 310 , 66 S. Ct. 154 , 90 L. Ed. 95 (1945). First, "due process requires only that in ...

docket:	a5953-08
court:	superior court appellate division
decided:	2010-04-12
status:	Unpublished
citation:
Document Size:	71270

1602 STATE OF NEW JERSEY v. HAKIM EVANS -- rank: 462

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), and two counts of third-degree possession of a ... from a person, N.J.S.A. 2C:20-2b(2)(d), amended from a second-degree robbery charge. This offense ... third-degree criminal restraint, N.J.S.A. 2C:13-2, and third-degree aggravated criminal sexual contact, N.J.S ... Release Act (NERA), N.J.S.A. 2C:43-7.2. When defendant entered his guilty pleas, the Sexually Violent Predator ... was assigned to an excessive oral argument calendar. See R. 2:9-11. On January 30, 2008, defendant filed a pro ... provide defendant Kinchen's plea testimony was not a Brady 2 violation because both defendant and the State had equal ...

docket:	a2242-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-11
status:	unpublished
citation:
Document Size:	40131

1603 STATE OF NEW JERSEY v. PETER M. SHANLEY -- rank: 462

... PETER M. SHANLEY, Defendant-Appellant. ___________________________________ May 13, 2016 Submitted May 2, 2016 – Decided Before Judges Fasciale, Nugent and Higbee. On ... 1197. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the briefs). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein ... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); and two counts of third-degree possession of ... Early Release Act, N.J.S.A. 2C:43-7.2, on the murder count; and to concurrent four-year prison ... because she believed defendant intended to move out. On April 2, 2010, Debra made a deposit for an apartment where ...

docket:	a1468-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	56033

1604 /usr/local/share/www/libweb/collections/courts/supreme/a2948-10.opn.html -- rank: 462

... statement and a question-and-answer statement to the police. 2 McKinney stated he was jumped by a "group of dudes ... five), in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b); and ... Release Act (NERA), N.J.S.A. 2C:43-7.2, the trial judge determined defendant was ineligible for parole for ... NUMBER TWO WAS UNABLE TO CONTINUE UNDER R. 1:8-2(d), AND THE JURORS HAD YET TO REACH A CRUCIAL ... had the clear capacity to produce an unjust result. R. 2:10-2. In other words, if the court had conducted the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52760

1605 A-0STATE OF NEW JERSEY v. ADRIAN MILLER, a/k/a MICHAEL SMITH July 8 2015 -- rank: 462

... 0543-08 (App. Div. Jan. 14, 2010) (slip op. at 2-3), certif. denied , 205 N.J. 79 (2011).] One of ... signing the statement. Defendant proceeded to the home of R.L., the father of one of his friends, where he collapsed ... back yard. 1 Upon discovering defendant in his yard, R.L. called 9 1 1. This occurred approximately forty-five minutes ... The police also recovered defendant's other sneaker from R.L.'s back yard, and defendant's shirt from the bottom of R.L.'s pool. The next day, the police photographed defendant's ... consistent with W.P.'s account of biting his assailant. 2 In a letter 3 dated January 6, 2012, almost ...

docket:	a3048-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	28746