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1726 STATE OF NEW JERSEY v. COREY ASHFORD -- rank: 452

... 16, 2004 - Decided December 20, 2004         Before Judges Stern, S.L. Reisner and Graves. On appeal from the Superior Court of ... convictions for the disorderly persons offense of contempt, See footnote 2 in the Family Part. See footnote 3 Both carry maximum ... her summation the prosecutor argued the statement was made while L.M. was "still under the stress of a startling event," and the judge found that L.M.'s call to the police and statement to the ... were admissible:     And under [ N.J.R.E. 803(c)(2)], the utterance on the telephone, this Court believes to be ... made in the heat of the moment under 803[(c)(2)], excited utterance, the Court finds there's other sufficient ...

docket:	A0680-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-20
status:	published
citation:	374 N.J. Super. 332 864 A.2d 112
Document Size:	20295

1727 STATE OF NEW JERSEY v. TERRELL JACKSON, a/k/a DERRELL SAUNDERS -- rank: 452

... Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent four-year custodial term on count two ... U.S. 668 , 686, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984)). To prevail on a claim of ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693, and adopted by the New Jersey Supreme ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. It must be demonstrated that ...

docket:	a2832-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	45722

1728 STATE OF NEW JERSEY v. ANTWAIN T. WATERS -- rank: 452

... Law Division, Bergen County, Indictment No. 13-02-00301. John L. Molinelli, Bergen County Prosecutor, attorney for appellant (Joseph W. Torre ... one judge can be decided anew by a second judge. 2 Such duplicative and, in this case, conflicting rulings by different ... and N.J.S.A. 2C:43-12(e)(1)-(2); and (C) the public need for prosecution of such cases ... circumstances," and creates "a presumption against diversion." State v. Caliguiri , 158 N.J. 28 , 42 (1999); see Watkins , supra , 193 N ... on the nature of the offense is appropriate." Caliguiri , supra , 158 N.J. at 43. Here, the second judge concluded that ... carry license. Ga. Code Ann. Ā§ 16-11-129(b)(2)(I) (2014). Defendant pled guilty to a misdemeanor of ...

docket:	a2021-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-30
status:	published
citation:	439 N.J.Super. 215 107 A.3d 693
Document Size:	73956

1729 WALTER MAGUIRE v. CATHERINE MAGUIRE -- rank: 452

... children to direct the learning process based on individual interests. 2 She explained a child becomes "very excited about different topics ... Psy.D., who performed a forensic custody evaluation. Also, Holly L. Blumenstyk, M.Ed. prepared an assessment of each child's educational status. Trial ... court's legal conclusions is always de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... U.S. 645 , 651, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972). "Our law recognizes the ...

docket:	a1838-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-28
status:	unpublished
citation:
Document Size:	58896

1730 STATE OF NEW JERSEY v. AL-WAHID ALI a/k/a ALFONSO ROBINSON -- rank: 452

... for respondent (Steven J. Kaflowitz, Assistant Prosecutor, of counsel; Patricia L. Cronin, on the brief). PER CURIAM In a six-count ... with third-degree burglary, N.J.S.A. 2C:18-2 (count one); third-degree theft, N.J.S.A. 2C ... second-degree eluding, N.J.S.A. 2C:43-7.2. Defendant received a consecutive five-year term with two years ... fifteen and one-half years of parole ineligibility. Shortly after 2:00 p.m. on July 27, 1999, Anthony Marsillo was ... who drove off in the dark blue Tahoe. At approximately 2:09 p.m. on July 27, 1999, Union Police Detective ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add only the following. ...

docket:	a6525-01
court:	njappellate
decided:	2006-02-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	101310

1731 UNIVERSAL UNDERWRITERS GROUP a/s/o HARLEY DAVIDSON OF EDISON v. GEORGE E. HEIBEL -- rank: 452

... 3,815.25. Universal, Harley's insurance carrier, paid Harley $2,567.61 in settlement of Harley's property damage claim ... and then as subrogee of Harley, sued Heibel for the $2,567.61 that it paid to Harley plus $1,247 ... did not provide coverage to Heibel as a permissive driver; (2) that the owner of the motorcycle was not required pursuant ... of GARAGE OPERATIONS or AUTO HAZARD." Under "AUTO HAZARD," Subsections (2) and (4) define an insured as: (2) Any of YOUR partners, paid employees, directors, stockholders, executive officers ... the scope of your permission. Heibel contends that under Subsection (2), as a prospective purchaser of the motorcycle, that he ...

docket:	a6285-04
court:	njappellate
decided:	2006-06-20
status:	published
citation:	*CITE_PENDING*
Document Size:	58684

1732 STATE OF NEW JERSEY v. PAUL WOZNICA -- rank: 452

... a controlled dangerous substance, N.J.S.A. 2C:5-2(a); three counts of fourth-degree unlawful possession of a ... In Accordance With N.J.S.A. 2C:43-6.2 Prejudiced The Defendant. C. Sentencing Counsel Provided Ineffective Assistance Of ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005) (emphasis omitted). I. Defendant challenges the PCR ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), adopted in State v. Fritz , 105 ...

docket:	a2855-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-28
status:	unpublished
citation:
Document Size:	44830

1733 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.A.J and E.S -- rank: 452

... parties. R. 1:38- 3(d)(12). A-2746-20 2 evidence. She further asserts that the court erred by relying ... and found both Dr. Lee and Anderson to be credible. 2 The court explained its considerations in determining credibility included 'the ... extent to which, if at all, each witness [was] either 2 We observe, as Tiffany notes, that fifty-four pages of ... still withstand judicial scrutiny on appeal. See Esposito v. Esposito, 158 N.J. Super. 285, 291 (App. Div. 1978). Parties are ... child' pursuant to subsection (c) of section 15 of P.L.1951, c. 138 (C.30:4C-15) if the following ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a2746-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-18
status:	Unpublished
citation:
Document Size:	63415

1734 STATE OF NEW JERSEY v. HIRAM VALENCIA -- rank: 452

... on the brief). PER CURIAM Defendant appeals from a January 2, 2015 order denying his petition for post-conviction relief (PCR ... simple assault, N.J.S.A. 2C:12-1(a)(2). At the plea hearing, defendant testified that he had an ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Tassini ... on the merits." State v. Marshall , 148 N.J. 89 , 158 (first alteration in original) (quoting State v. Preciose , 129 N ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Defendant fails to demonstrate a ...

docket:	a3399-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-24
status:	unpublished
citation:
Document Size:	16312

1735 /usr/local/share/www/libweb/collections/courts/appellate/a1990-14.opn.html -- rank: 452

... Court of New Jersey, Law Division, Mercer County, Docket No. L-3045-10. Taylor & Jay, LLC, attorneys for appellant/cross-respondent ... N.J. 22 , 38 (2014). See also R. 4:46-2(c). "The practical effect of this rule is that neither ... trial court." Cypress Point Condo. Ass'n v. Adria Towers, L.L.C. , 226 N.J. 403 , 415 (2016). At issue before ... and open space." See N.J.S.A. 40:55D-2(c) (stating a purpose of the MLUL, is to promote ... Dunham, Legal and Economic Basis for City Planning , 58 Colum. L. Rev. 650, 655 (1958). As the Supreme Court of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48586

1736 STATE OF NEW JERSEY v. JEFFREY C. LEAK -- rank: 452

... Release Act (NERA), N.J.S.A. 2C:43-7.2, sentence of sixteen years in prison plus a consecutive term ... in Strickland , and adopted by our Supreme Court in Fritz . 2 To establish a prima facie claim of ineffective assistance of ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. To establish the first prong, "a defendant ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693), cert. denied , ___ U.S. ___, 133 S. ...

docket:	a4608-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	21274

1737 STATE OF NEW JERSEY v. P.D.W. -- rank: 452

... 1010. Yvonne Smith Segars, Public Defender, attorney for appellant (Roger L. Camacho, Designated Counsel, on the brief). Robert D. Bernardi, Burlington ... found him guilty of second-degree sexual assault, 1 AND 2 WITH 85% PERIODS OF PAROLE INELIGIBILITY PURSUANT TO THE NO ... defendant's statement to the police in which he "describe[ed] what he did to the child," the judge denied the ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count two, the first-degree aggravated sexual assault. After ... as required by N.J.R.E. 803(c)(27); 2) the statement was not trustworthy; and 3) its admission violated ... 821-22, 827, 110 S. Ct. 3139 , 3150, 3153, 111 L. Ed.2d 638 , 656, 659-60 (1990)). The trial ...

docket:	a6025-05
court:	njappellate
decided:	2008-06-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78107

1738 ADAM SCHNEIDER v. BRIAN UNGER -- rank: 452

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-2533-10. Manning, Caliendo & Thomson, P.A., attorneys for appellant ... plaintiff filed a complaint against defendants in the Law Division. 2 Defendants filed an answer denying liability. With leave of the ... at 270-71, 94 S. Ct. at 720-21, 11 L. Ed. 2d at 700-01; Dairy Stores, Inc. v. Sentinel Pub ... S. at 279-80, 84 S. Ct. at 726, 11 L. Ed. 2d at 706; accord Durando v. Nutley Sun , 209 ...

docket:	a1530-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-10
status:	unpublished
citation:
Document Size:	38024

1739 STATE OF NEW JERSEY v. LAWRENCE V. WILDER SR -- rank: 452

... statement of facts material to the issues on appeal." R. 2:6-2(a)(4). Defendant further asserts in this section that he ... would not be given bail unless he pled guilty; and (2) M.T. "knowingly traveled to Maryland and violated the [FRO ... as it was not part of the record below. R. 2:6-1(a)(2). In fact, defendant includes voluminous documents in his appendix which ... plea was entered pursuant to a plea agreement. Id. at 158. Whether the State would be prejudiced by a withdrawal, ...

docket:	a5394-07
court:	NJ Superior Court Appellate Division
decided:	2011-08-09
status:	unpublished
citation:
Document Size:	23535

1740 STATE OF NEW JERSEY v. SERGIO A. GOMEZ -- rank: 452

... extended one year in 2004, and three years in 2008. 2 Defendant was charged with a third VOP for failing to ... resentence. See 8 U.S.C.A. Ā§ 1227(a)(2)(A)(iii) (a non-citizen is deportable if he is ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984) (defendant must show (1) his ... was not functioning as guaranteed by the Sixth Amendment and (2) defendant was prejudiced such that there existed a reasonable probability ... Slater factor, the existence of a plea bargain, id. at 158, the judge noted that defendant pled guilty pursuant to ...

docket:	a2115-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	unpublished
citation:
Document Size:	38218