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1681 STATE OF NEW JERSEY v. ABDULLAH ALI -- rank: 457

... second-degree sexual assault, N.J.S.A. 2C:14-2; and the lesser-included offense of simple assault, N.J ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following points for our consideration: POINT I ... upon defendant, N.J.S.A. 2C:44-5(a)(2), a point the State concedes. We therefore are compelled to ... with his fingers and penis. The assault ended at about 2:30 a.m., at which point defendant drove A.D. to work. When she returned home around 2 p.m., her apartment door was open. When she entered ... error that could clearly bring about an unjust result. R. 2:10-2. "[P]rosecutors occupy a unique position in ...

docket:	a4164-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-06
status:	unpublished
citation:
Document Size:	35447

1682 STATE OF NEW JERSEY v. CHADRICK MIGHTY -- rank: 457

... v. CHADRICK MIGHTY, Defendant-Appellant. ___________________________________________ February 29, 2016 Submitted February 2, 2016 – Decided Before Judges St. John and Vernoia. On ... with second-degree burglary, N.J.S.A. 2C:18-2 (count one); first-degree robbery, N.J.S.A. 2C ... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count four); fourth-degree aggravated assault, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing, defendant testified that on April 9 ... sentencing range. N.J.S.A. 2C:43-6(a)(2). The sentence was imposed subject to the requirements of NERA ... sentence without an evidentiary hearing and issued a written decision. 2 Defendant appealed. II. On appeal, defendant raises the following ...

docket:	a1708-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-29
status:	unpublished
citation:
Document Size:	23637

1683 /usr/local/share/www/libweb/collections/courts/supreme/a-43-17.opn.html -- rank: 457

... opinion may not have been summarized. Barbara Orientale v. Darrin L. Jennings (A-43-17) (079953) Argued October 9, 2018 -- Re ... jurisprudence. Id. at 484-85, 487-88. (pp. 13-21) 2. As of 1917, both remittitur and additur were accepted practices ... without the mutual assent of the parties. (pp. 21-25) 2 3. Remittitur and additur allow just one party the option ... Barbara Orientale, Plaintiff-Appellant, and Michael Orientale, Plaintiff, v. Darrin L. Jennings, Defendant, and Allstate New Jersey Insurance Company, Defendant-Respondent ... the brief). JUSTICE ALBIN delivered the opinion of the Court. 2 Under our common law jurisprudence, when a jury’s damages ... s argument that the trial court should have “determin[ed] the amount that a reasonable jury, properly instructed, would ...

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1684 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.E. -- rank: 457

... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. L.M.E., Defendant-Appellant. _________________________________ IN THE MATTER OF THE GUARDIANSHIP ... A. Dulinski, Designated Counsel, on the brief). PER CURIAM Defendant L.M.E. appeals from a September 11, 2009 order terminating ... of the trial record, we outline the most pertinent facts. L.M.E. has a lengthy and persistent substance abuse problem ... K.R.E., was first removed from the custody of L.M.E. and her paramour (who is not the child ... the paramour had thrown a cup at her head. After L.M.E. received substance abuse treatment, K.R.E. was ... June 2007. The child was again removed in August when L.M.E. tested positive for alcohol, but was returned ...

docket:	a0989-09
court:	superior court appellate division
decided:	2010-12-13
status:	unpublished
citation:
Document Size:	22026

1685 US Bank, N.A. v. Nikia Hough -- rank: 457

... of the regulation beyond its plain language. (pp. 11-16) 2. Although this appeal does not come from a final agency ... 329.00 loan issued by Wells Fargo Home Mortgage, Inc. 2 The Uniform Housing Affordability Controls (UHAC) promulgated by HMFA, N ... the full amount of the debt as an unsecured creditor; (2) that US Bank should not benefit from an equitable mortgage ... in the wake of this Court’s Mount Laurel decisions. L. 1985, c. 222; see N.J.S.A. 52:27D ... denied , 423 U.S. 808, 96 S. Ct. 18, 46 L. Ed. 2d 28 (1975); S. Burlington Cnty. NAACP v. Twp. ...

docket:	A-82-10
court:	NJ Supreme Court
decided:	2012-05-22
status:
citation:	210 N.J. 187 42 A.3d 870
Document Size:	131680

1686 State v. Dominick J. Locurto -- rank: 457

... not have been summarized). State v. Dominick J. Locurto (A-158-97) Argued October 14, 1998 -- Decided March 2, 1999 COLEMAN, J., writing for a unanimous Court. ����The primary ... correlate them with the relevant legal conclusions. (pp. 8-9) 2. To satisfy the articulable and reasonable suspicion standard for stopping ... HERN did not participate. SUPREME COURT OF NEW JERSEY A- 158 September Term 1997 STATE OF NEW JERSEY, ����Plaintiff-Appellant, ��������v ... J. LOCURTO, ����Defendant-Respondent. ��������Argued October 14, 1998 -- Decided March 2, 1999 On certification to the Superior Court, Appellate Division, whose ... cases, are heard in the municipal courts. R. 7:5-2(a). Orders denying suppression are reviewable on appeal from ...

docket:	a-158-97
court:	njsupreme
decided:	1999-03-02
status:
citation:	157 N.J. 463
Document Size:	39885

1687 STATE OF NEW JERSEY v. JAMES ANASTI -- rank: 457

... 8); N.J.S.A. 2C:43-12c(9)" and (2) "A Somerset County TASC [Treatment Assessment Services for the Courts ... Drug distribution, whatever the drug may be, is quite serious. (2) The facts of the case; Defendant was in possession of ... be a "patent and gross abuse of discretion" that "'subvert[ed] the goals' underlying Pretrial Intervention.'" The trial court repeatedly characterized ... Kelsey , 200 N.J. 507 , 512-13 (2009); Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... a 'patent and gross abuse of discretion.'" State v. Caliguiri , 158 N.J. 28 , 37 (1999) (quoting Wallace , supra , 146 N ... County Prosecutor , 171 N.J. 561 , 572 (2002); Caliguiri , supra , 158 N.J. at 37; State v. Bender , 80 N. ...

docket:	a3172-09
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	44919

1688 STATE OF NEW JERSEY v. JOHN A. HRYHOR -- rank: 457

... A. 2C:5-1, and N.J.S.A. 2C:2-6. Following a jury trial, defendant was convicted of second ... A. 2C:5-1, and N.J.S.A. 2C:2-6. Defendant was sentenced on the robbery count to a ... Release Act (NERA), N.J.S.A. 2C:43-7.2, a concurrent seven-year sentence on the conspiracy count, and ... 541 U.S. 36 , 51, 124 S. Ct. 1354 , 1364, 158 L. Ed.2d 177 , 192 (2004)). "'Testimonial statements of witnesses absent ...

docket:	a3070-05
court:	NJ Superior Court Appellate Division
decided:	2008-10-20
status:	unpublished
citation:
Document Size:	53456

1689 In the Matter of the Expungement Application of D.J.B. -- rank: 457

... found at 216 N.J. 433 or 83 A.3d 2. SYLLABUS (This syllabus is not part of the opinion of ... to the case: (1) N.J.S.A. 2C:52-2, which allows an adult conviction to be expunged under certain ... not been convicted of a prior or subsequent crime; and (2) N.J.S.A. 2C:52-4.1(a), which ... 4.1(a) and N.J.S.A. 2C:52-2 serve to prevent a petitioner with an indictable crime from ... an adult conviction under N.J.S.A. 2C:52-2. 1. This case requires the Court to interpret parts of ... part or section to provide a harmonious whole. (p. 8) 2. The “primary objective” of the statutory expungement scheme ...

docket:	A-39-12
court:	NJ Supreme Court
decided:	2014-01-16
status:
citation:	216 N.J. 433 83 A.3d 2
Document Size:	76248

1690 STATE OF NEW JERSEY v. JESUS DELGADO, -- rank: 457

... Hudson County. ��������Ivelisse Torres, Public Defender, attorney for appellant (Regina L. Gelzer, Designated Counsel, on the brief). ��������John J. Farmer, Jr ... revealed the course of abuse to her adopted sister, G.L., though she did not reveal any specifics of the assaults at that time. G.L. encouraged T.S. to tell her mother, which she eventually ... Craig , 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990). New Jersey's statute has consistently been ... discussion of this point would have no precedential value. R. 2:11-3(e)(2); State v. Smith , 158 N. ...

docket:	a1284-98
court:	njappellate
decided:	2000-01-03
status:	published
citation:	<a href=
Document Size:	26136

1691 STATE OF NEW JERSEY v. DOMINGO MANN -- rank: 457

... he failed to object to the robbery jury charge, and (2) he failed to advise h im that he faced life ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). Whether "retained or appointed," counsel must ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S ... n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970)). The New ...

docket:	a1491-08
court:	superior court appellate division
decided:	2010-08-30
status:	unpublished
citation:
Document Size:	60273

1692 STATE OF NEW JERSEY v. ANNIE LAWRENCE -- rank: 455

... Special Deputy Attorney General/ Acting Assistant Prosecutor, of counsel; Susan L. Berkow, Special Deputy Attorney General/Acting Assistant Prosecutor, on the ... conspiracy to commit robbery, N.J.S.A. 2C:5-2. The charges arose from their January 22, 2010 robbery of ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and seek dismissal of all of the remaining charges in ... TO INFORM DEFENDANT OF THE MANDATORY PERIOD OF PAROLE SUPERVISION, [ 2 ] HER FOURTEENTH AMENDMENT RIGHT TO BE INFORMED OF THE CONSEQUENCES ... PROCEDURAL BARS UNDER THE "INJUSTICE" CLAUSE OF R. 1:1-2. We have reviewed the record and considered these arguments, and ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), as adopted by our ...

docket:	a2782-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	46546

1693 STATE OF NEW JERSEY v. JOSEPH M. GRATACOS -- rank: 455

... of third-degree burglary, N.J.S.A. 2C:18-2 (count one); the lesser included disorderly person's offense of ... U.S. 385 , 390, 98 S. Ct. 2408 , 2412, 57 L. Ed.2d 290 , 298-99 (1978). The same is true of ... U.S. 1 , 21, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968). The State has the burden of ... otherwise terminate the encounter.'" State v. Tucker , 136 N.J. 158 , 166 (1994) (quoting Florida v. Bostick , 501 U.S. ...

docket:	a1116-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	44398

1694 Alejandra Padilla v. Young Il An -- rank: 455

... prompt action to cure defects.” Id. at 151-52, 158. The Court expressly limited imposing the duty to maintain abutting ... commercial -- not residential -- properties. Id. at 159. (pp. 9-17) 2. The Appellate Division has frequently probed the gray area of ... good condition. Purchasing a vacant commercial lot is a business 2 decision that embraces the attendant costs and burdens of conducting ... we hold that all commercial landowners -- including owners of vacant 2 commercial lots -- have a duty to maintain the public sidewalks ... order as a matter of law.” R. 4:46-2(c); Rivera v. Valley Hosp., Inc., 252 N.J. 1 ... at 153-54 (quoting The King v. Inhabitants of Sheffield, 2 T.R. 106, 111 (K.B. 1787)); accord Weller ...

docket:	a_43_22
court:	supreme
decided:	2024-06-12
status:	Published
citation:
Document Size:	89944

1695 STATE OF NEW JERSEY v. ANTHONY HUTCHERSON -- rank: 455

... denied , 383 U.S. 950 , 86 S. Ct. 1210 , 16 L. Ed.2d 212 (1966); State v. Krivacska , 341 N.J. Super ... denied , 535 U.S. 1012 , 122 S. Ct. 1594 , 152 L. Ed.2d 510 (2002). Also, "if separate offenses were required to ... are based on the same act or transaction or on 2 or more acts or transactions connected together or constituting parts ... joinder shall be afforded as provided by R. 3:15-2. The March and April charges were properly joined under ...

docket:	a4364-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-09
status:	Published
citation:
Document Size:	66969