Search Rutgers Law Library N.J. Court Opinions

1816 Raymond Arthur Abbott, et al. v. Fred G. Burke, et al. -- rank: 447

... if the process is to be successful. (pp. 4-8) 2. The Court's October Order did more than establish a ... David G. Sciarra , Executive Director, Education Law Center, and Paul L. Tractenberg argued the cause for movants ( Mr. Sciarra , attorney; Mr ... approved plaintiff's request on December 21, 2001. See footnote 2 2 We anticipate that even if some of the Abbott districts ... own curricula.     In his June 1 decision, the Commissioner “direct[ed] . . . the Department [to] revise its practices and procedures as may ... we note that N.J.A.C. 6:11-5.2(f) “grandfathers” certified elementary school teachers with two years ...

docket:	m-1131-00
court:	njsupreme
decided:	2002-02-21
status:
citation:	170 N.J. 537
Document Size:	175315

1817 STATE OF NEW JERSEY v. GEORGE SANTAMARIA -- rank: 447

... of alleged prosecutorial misconduct. The motion was denied on December 2, 2004 after argument without an evidentiary hearing. Defendant raises the ... conclusions of the trial court. R. 3:22-11; R. 2:2-1(a)(3). While we afford deference to a trial ... 2004), cert. denied , ___U.S.___, 125 S. Ct. 2973 , 162 L.Ed.2d 898 (2005). After careful review of the record in ... and do not warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the ...

docket:	A2254-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-15
status:	unpublished
citation:
Document Size:	35143

1818 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. JASON PETTIS -- rank: 447

... and N.J.S.A. 2C:11-3a(1) or (2) (count one); second-degree unlawful possession of a weapon, N ... Early Release Act, N.J.S.A. 2C:43-7.2. The court merged count two with count three, and imposed ... affirmed his convictions and sentence, but remanded to correct an 2 A-1137-16T3 error in the judgment of conviction.1 ... by failing to locate and interview Campfield prior to trial; (2) effectively cross-examine witnesses; (3) effectively counter testimony that defendant ... as an excited utterance, N.J.R.E. 803(c)(2), and as a prior identification, N.J.R.E. 803(a)(3);2 and because an independent eyewitness, VanAnglen, made a confirmatory ...

docket:	a1137-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	29886

1819 /usr/local/share/www/libweb/collections/courts/supreme/a4381-14.opn.html -- rank: 447

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant argues: POINT I THE TRIAL COURT'S ... are: second-degree burglary, N.J.S.A. 2C:18-2; first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); second-degree sexual assault, N.J.S.A. 2C:14-2(c); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); third-degree unlawful possession of a handgun, N.J.S ... we review the charge for plain error. R. 1:7-2; R. 2:10-2; McKinney , supra , 223 N.J. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36436

1820 State v. Jerome Shaw, Jr. -- rank: 447

... a grand jury indictment for serious offenses. (pp. 10-13) 2. New Jersey has retained the use of the grand jury ... only on the clearest and plainest grounds, and only when 2 the indictment is manifestly deficient or palpably defective. If, on ... counter the notion that re-presentation is an arbitrary act; (2) the court’s assessment of the strength of the evidence ... authority and hold as follows: if grand juries decline to 2 indict on two prior occasions, the State must obtain advance ... Wayne R. LaFave et al., 3 Criminal Procedure § 8.2(a) (4th ed. updated 2019). 5 tools, by contrast, are often well- ...

docket:	a-59-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	48884

1821 PLANLAND, LLC v. THE TOWNSHIP OF DEPTFORD -- rank: 447

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-626-11. Kenneth E. Meiser argued the cause for appellants ... and Land Approvals Group, LLC, are the owners of a 158-acre tract of land, known as the Bankbridge tract, in ... build approximately 1,113 additional housing units on the remaining 158.3 acres, plaintiffs made significant investments such as a pumping ... Plan. This alteration reduced plaintiffs' development potential of the remaining 158.3 acres from the initially estimated 1,113 housing units ... northern part of Lots 4 and 17. In general, 15.2 acres, or 22% of Bankbridge's southern parcel, are wetlands ... approved with lots as small as 11,250 square feet. 2. The properties east of the site (along Trellis Lane ...

docket:	a4595-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-09
status:	unpublished
citation:
Document Size:	26872

1822 STATE OF NEW JERSEY v. DAVID T. COMPTON -- rank: 447

... of New Jersey,     Law Division, Criminal Part, Essex County.     Susan L. Reisner, Public Defender, attorney for     appellant (Thomas J. Largey, Designated ... for a judgment of acquittal pursuant to R. 3:18-2 was denied, he was sentenced to the presumptive twenty-year ... not raised during trial. They are, therefore, subject to R. 2:10-2. We dispose of them without reference to plain error considerations ... g. , State v. Cooper , ___ N.J. ___, ___ (1997) (slip op. at 2); cf. State v. Martin , 119 N.J. 2 , 16-17 (1990).     Secondly, Dr. Sinquee's credentials as ...

docket:	a6215-94
court:	njappellate
decided:	1997-10-08
status:	published
citation:	304 N.J. Super. 477
Document Size:	22697

1823 STATE OF NEW JERSEY v. C.B -- rank: 447

... sexually assaulted her on numerous occasions between 2005 and 201 2 when she was between the ages of six and twelve. 2 Defendant appeals from his conviction by jury for first-degree aggravated sexual assault, N.J.S.A. 2C:14- 2(a)(1) (counts one, four and seven); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts two, five and eight); and second-degree endangering ... A. 2A:82-46; R. 1:38- 3(9), (12). 2 W.B.'s date of birth is March 30, 1999. A-5090-17T4 2 ALLOWED EVIDENCE AND TESTIMONY THAT WAS MORE PREJUDICIAL THEN ...

docket:	a5090-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-01
status:	Unpublished
citation:
Document Size:	87954

1824 STATE OF NEW JERSEY v. KEVIN JONES -- rank: 447

... Extended discussion in a written opinion is not warranted. R. 2:11-3(e)(2). Our affirmance (except as to ineffectiveness of PCR counsel) is ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Performance is deficient when "counsel made ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. "A reasonable probability is a probability ...

docket:	a2790-08
court:	superior court appellate division
decided:	2010-10-05
status:	unpublished
citation:
Document Size:	33561

1825 STATE OF NEW JERSEY v. JAMES M. LYONS -- rank: 447

... Jean B. Bennett, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). We disagree. "[A] heavy burden rests on ... counsel." Id. at 475, 86 S. Ct. at 1628, 16 L. Ed. 2d at 724. "In New Jersey, the State must demonstrate ... U. S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984), and adopted by our ...

docket:	A1054-04
court:	NJ Superior Court Appellate Division
decided:	2006-01-30
status:	unpublished
citation:
Document Size:	52672

1826 STEVEN KADONSKY v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 447

... of the infractions on appeal are non-asterisk prohibited acts. 2 Kadonsky challenges the legal and factual bases for the findings ... representation of the plaintiffs in Afdahl v. Melgar , No. HUN-L-466-12 (Law Div. filed July 23, 2012), an ongoing ... documents were seized on October 18, 2012, and on November 2, 2012, Kadonsky was charged with prohibited act .210, 5 barring ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... s interpretation is grounded in its technical or specialized expertise." L.C. v. Bd. of Review, Dep't of Labor , 439 ... denied , 449 U.S. 944, 101 S. Ct. 342, 66 L. Ed. 2d 208 (1980). "Notice of conduct that is ...

docket:	a1399-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	63503

1827 STATE OF NEW JERSEY v. THOMAS DOMKE -- rank: 447

... 2918-04 (App. Div. July 25, 2006) (slip op. at 2).] Defendant was sentenced to six years imprisonment with an eighty ... a coerced confession, he reminded the judge that a Miranda 2 hearing had been held that addressed the allegation of excessive ... on the merits." State v. Marshall , 148 N.J. 89 , 158 (citing Preciose , supra , 129 N.J. at 463), cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Without such a showing, no evidentiary hearing ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). Next, defendant must show that ...

docket:	a2976-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	21744

1828 STATE OF NEW JERSEY v. JHON YEBES -- rank: 447

... Early Release Act, N.J.S.A. 2C:43-7.2. Defendants separately appeal their convictions, posing many of the same ... J. CONST. ART. I, PAR. 1, 12 (Not raised below). [ 2 ] IV. DEFENDANT'S JUDGMENT SHOULD BE VACATED BECAUSE TRIAL COUNSEL ... these arguments to warrant discussion in a written opinion, R. 2:11-3(e)(2), with the exception of defendants' arguments concerning: (1) the Wade hearing; (2) the in-court identification of Dominguez; (3) the prosecutor's ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968). The second prong focuses ...

docket:	a2098-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55180

1829 STATE OF NEW JERSEY v. KENNETH HOUSEKNECHT -- rank: 447

... 3); second-degree burglary, N.J.S.A. 2C:18-2; first-degree robbery, N.J.S.A. 2C:15-1 ... arguments are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). We affirm substantially for the reasons stated by Judge Allen ... Miller v. Alabama , __ U.S. __, 132 S. Ct. 2455 , 183 L. Ed.2d 407 (2012), decided after the PCR judge's ruling ... supra , __ U.S. at __, 132 S. Ct. at 2469, 183 L. Ed. 2d at 424. The Court noted that: In ...

docket:	a1139-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-23
status:	unpublished
citation:
Document Size:	28458

1830 Joan Marino v. Larry L. Marino et al -- rank: 447

... opinion may not have been summarized). Joan Marino v. Larry L. Marino et al (A-18-08) Argued January 6, 2009 ... contrary to the statute is expressly preserved. (Pp. 10-19) 2. The role of the Court in statutory interpretation is to ... 18 September Term 2008 JOAN MARINO, Plaintiff-Respondent, v. LARRY L. MARINO, JR., BRETT MARINO, JENNIFER MARINO, JOHN MARINO and DOROTHY ... see N . J . Const. art. VI, § 5, ¶ 1(b); R. 2:2-1(a)(2). Because the question before the Court is limited to ...

docket:	a-18-08
court:	supreme
decided:	2009-09-24
status:
citation:
Document Size:	141626