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. 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status:	unpublished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

1818 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 447

... v. STEVEN SOLARI, a/k/a STEVE, Defendant-Appellant. ____________________________________ February 2, 2016 Argued January 4, 2016 - Decided Before Judges Messano, Simonelli ... second-degree official misconduct, N.J.S.A. 2C:30-2. The official misconduct charges included failing to obtain proper medical ... degree witness tampering, N.J.S.A. 2C:28-5a(2) (Count Eight); and fourth-degree obstruction, N.J.S.A ... degree hindering apprehension, N.J.S.A. 2C:29-3b(2)); and Ten (second-degree hindering apprehension, N.J.S.A ... WHICH OFFICIAL MISCONDUCT IN COUNT 4 COULD BE FOUND AND (2) THE TRIAL COURT ERRONEOUSLY CHARGED SIMPLE ASSAULT INCLUDING THE RECKLESS ... nature of his office. [ N.J.S.A. 2C:30-2.] The underlying act that forms the basis of the ...

docket:	a2897-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	77185

1819 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

1820 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

1821 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

1822 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

1823 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

1824 ROBERT J. TRIFFIN v. COMMUNITY PRESCHOOL & NURSERY, LLC -- rank: 447

... Washington , 326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945). First, "due process requires only that in order ... contacts with it[.]" Id. at 316, 66 S. Ct. at 158, 90 L. Ed. at 102. Second, the minimum contacts must be of a ... U.S. 457, 463, 61 S. Ct. 339, 343, 85 L. Ed. 278, 283 (1940)). A "minimum contacts inquiry must ...

docket:	a2730-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	21453

1825 STATE OF NEW JERSEY v. DENNIS KERRIGAN -- rank: 447

... for appellant (Alison Perrone, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... up, stop, stare . . . with this grin, [and] leave." This "bother[ed]" Scherer. On September 18, 2006, Ritter saw defendant drive his ... position . . . fear bodily injury. The judge denied defendant's motion. 2 Defendant testified and described his business dealings with the community ... or conduct that was directed at or toward a person, 2) that speech or conduct occurred on at least two occasions ... without sufficient merit to warrant discussion in this opinion. R. 2:11-3(e)(2). It suffices to say that as the trial judge ...

docket:	a5162-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	24263

1826 RICHARD LOPEZ and FRANCISCA VALENTIN and CARMELO VALENTIN v. BOROUGH OF SAYREVILLE GPU ENERGY, INC. -- rank: 447

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-6208-01. Ronald R. Kogos argued the cause for appellant ... labels cautioning (1) individuals not to ride without a helmet, (2) with a passenger, or (3) after consuming alcohol. Plaintiff was ... over: (1) an anti-pitch over bar or wheelie bar; (2) a warning device consisting of an electronic inclinometer, warning lights ... a motion for a JNOV under R ule 4:40-2(b), the court must accept as true all the evidence ... N.J. Court Rules , comment 1 on R. 4:40-2 (2008). "The purpose of the test is to ensure that ... 1 to -11. Under N.J.S.A. 2A:58C-2, a plaintiff can prove that a product was defective ...

docket:	a0158-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-09
status:	unpublished
citation:
Document Size:	203596

1827 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

1828 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

1829 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

1830 STATE OF NEW JERSEY v. DWAYNE E. DRICKETTS -- rank: 447

... N.J.S.A. 2C:11-3(a)(1) or (2); second- degree possession of a weapon for an unlawful purpose ... Release Act (NERA), N.J.S.A. 2C:43-7.2. In an unpublished opinion, we affirmed defendant's convictions, but ... into the murder conviction. State v. Dricketts, A-3354-20 2 No. A-3677-13 (App. Div. Apr. 18, 2018) (slip ... certification. State v. Dricketts, 236 N.J. 20, 21 (2018).2 We incorporate by reference the detailed recitation of the facts ... as the person who shot him. [Dricketts, slip op. at 2.] The eyewitness to the shooting was Reid's girlfriend. Id ... a house in Elizabeth called the 'Honeycomb' or 'the Honeycomb 2 Codefendant Jackson was convicted of the same offenses. His ...

docket:	a3354-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-18
status:	Unpublished
citation:
Document Size:	35424