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1936 STATE OF NEW JERSEY v. DENNIS SILVA -- rank: 439

... Release Act (NERA), N.J.S.A. 2C:43-7.2 . In addition, the State agreed that any sentence for defendant ... in an Excessive Sentence Oral Argument Calendar pursuant to Rule 2:9-11. We denied the direct appeal of his sentence ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). The factual findings of that court, however ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984); State v. Loftin , 191 N. ...

docket:	a4197-08
court:	NJ Superior Court Appellate Division
decided:	2010-08-27
status:	unpublished
citation:
Document Size:	26362

1937 K.L v. EVESHAM TOWNSHIP BOARD OF EDUCATION -- rank: 439

... NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1771-10T3 K.L., APPROVED FOR PUBLICATION December 12, 2011 APPELLATE DIVISION Plaintiff-Appellant ... Court of New Jersey, Law Division, Burlington County, Docket No. L-996-10. Jamie Epstein argued the cause for appellant. Rebecca ... court was delivered by ASHRAFI, J.A.D. Plaintiff K.L., the father of a boy and a girl in elementary ... Bullying Bill of Rights Act (“the Anti-Bullying Act”), L. 2010, c. 122, N.J.S.A. 18A:37-13 ... the trial court issued a letter-opinion pursuant to Rule 2:5-1(b) expanding upon its earlier written opinions and ... The work product doctrine is recognized by Rule 4:10-2(c), one of the court's discovery rules applicable ...

docket:	a1771-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-12
status:	published
citation:	423 N.J. Super. 337 32 A.3d 1136
Document Size:	68391

1938 STATE OF NEW JERSEY v. J.M.S. -- rank: 439

... J.M.S., Defendant-Appellant. ________________________________ January 3, 2017 Argued March 2, 2016 – Decided Before Judges Alvarez, Ostrer and Manahan. On ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), and two counts of second-degree endangering the welfare ... Early Release Act, N.J.S.A. 2C:43-7.2, and Megan's Law. The jury found defendant performed cunnilingus ... she was serious and to impel the children to speak. 2 Zelda said she would tell her mother the truth and ... was much more energetic than in the first interview and (2) Zelda stated for the first time, in an interview, that ... denied , 558 U.S. 831 , 130 S. Ct. 65 , 175 L. Ed.2d 48 (2009), the recording could come in ...

docket:	a2106-10
court:	NJ Superior Court Appellate Division
decided:	2017-01-03
status:	unpublished
citation:
Document Size:	66694

1939 STATE OF NEW JERSEY v. ANTWAIN SEASE -- rank: 439

... given outside the presence of the jury during a Gross 2 hearing, and therefore was not in evidence. Next, defendant raises ... our review is governed by the plain error standard. R. 2:10-2. "Plain error is that which is 'clearly capable of producing ... v. Singleton , 211 N.J. 157 , 182 (2012) (quoting R. 2:10-2). More specifically, "'[t]he error must have been of sufficient ... 2015) (quoting Pressler & Verniero, Current N.J. Court Rules , comment 2.1 on R. 2:10-2). See also State ...

docket:	a1104-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	38535

1940 Henry Keim v. Above All Termite Pest Control -- rank: 439

... the Act begins and ends each day. (pp. 9-11) 2. As amended, N.J.S.A. 34:15-36 sets ... employer authorizes a vehicle for operation by the employee, and (2) the employee’s operation of that identified vehicle is for ... WAINER APTER, and NORIEGA join in JUSTICE FASCIALE’s opinion. 2 SUPREME COURT OF NEW JERSEY A- 30 September Term 2022 ... employer authorizes a vehicle for operation by the employee, and (2) the employee’s operation of that identified vehicle is for ... and authorized the employee, Keim, to operate that vehicle to 2 replenish supplies at a particular location as needed. Keim was ... N.J. 427, 434 (2022) (quoting Earl v. Johnson & Johnson, 158 N.J. 155, 161 (1999)). Ordinarily, in the workers’ ...

docket:	a-30-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:
citation:
Document Size:	41989

1941 STATE OF NEW JERSEY v. SEAN COURTER -- rank: 439

... to commit official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:30-2 (count one); second-degree official misconduct, N.J.S.A. 2C:30-2 (count two); third-degree tampering with public records or information, N.J.S.A. 2C:28-7(a)(2) (count three); fourth-degree falsifying or tampering with records, N ... fourth-degree false swearing, N.J.S.A. 2C:28-2 (count five). At sentencing, Judge Michael L. Ravin merged count one with count two and sentenced ...

docket:	a3481-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	74380

1942 State v. Danny Lazo -- rank: 439

... and thus invade the jury’s province. (pp. 14-20) 2. Under State v. Ginardi , 111 N.J. Super. 435 , 453 ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and first-degree robbery, N.J ... Wade , 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). The State called Detective Valido and the ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to a concurrent five-year term ... that (1) composite sketches do not accurately depict suspects, and (2) the process of creating a composite sketch may contaminate ...

docket:	A-14-10
court:	NJ Supreme Court
decided:	2012-02-01
status:
citation:	209 N.J. 9 34 A.3d 1233
Document Size:	107721

1943 STATE OF NEW JERSEY v. EDWARD J. DAVIS -- rank: 439

... was working at a donut shop in South Toms River. 2 Defendant entered the store armed with a knife and demanded ... s testimony through cross-examination was ineffective assistance of counsel"; (2) ineffective assistance of appellate counsel; (3) Reyes should have testified ... A Hearing on Compliance With Natale On Defendant's Sentence. 2. The PCR Court Erred In Not Holding A Hearing Regarding ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). The New Jersey Supreme Court has ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Our review of counsel's ...

docket:	a4003-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	18184

1944 STATE OF NEW JERSEY v. ST. LEDGER GAYLE -- rank: 439

... aggravated assault, N.J.S.A. 2C:12-1(b)(2); fourth-degree unlawful possession of a weapon, N.J.S ... must show that: (1) counsel's performance was deficient; and (2) the deficiency prejudiced the defense. State v. Nash , 212 N ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996) (first and third alteration in original) (quoting ... U.S. 258 , 266, 93 S. Ct. 1602 , 1608, 36 L. Ed.2d 235 , 243 (1973); Hill v. Lockhart , 474 U. ...

docket:	a3647-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-01
status:	unpublished
citation:
Document Size:	30026

1945 STATE OF NEW JERSEY v. AMARNAUTH PRASHAD -- rank: 439

... is, it fell below an objective standard of reasonableness; and 2) counsel's deficient performance prejudiced the defense, that is, there ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Allah , 170 N.J ... U.S . at 690, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695. Further, because prejudice is not presumed, State ... n.26, 104 S. Ct. 2039 , 2047 n.26, 80 L. Ed.2d 657 , 668 n.26 (1984). Moreover, such ...

docket:	a5382-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	15753

1946 LORRAINE BRYANT v. JOHN H. GOVEN -- rank: 439

... ———- Argued April 6, 2017 – Decided May 2, 2017 Before Judges Hoffman and O'Connor. On appeal from ... Court of New Jersey, Law Division, Union County, Docket No. L-0359-14. Christopher J. Portee argued the cause for appellant ... lived with her mother at the time of her accident, (2) her mother did not have to list her on the ... or unloading, of a private passenger car as an automobile." 2 The policy defined "insured" as the " named insured or any ... her mother had auto insurance at the time. On August 2, 2013, plaintiff submitted an application for PIP benefits, listing her ... U.S. 279, 286, 111 S. Ct. 654 , 660, 112 L. Ed.2d 755 , 765 (1991). The commencement of a ...

docket:	a4567-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	49393

1947 /usr/local/share/www/libweb/collections/courts/tax/15083-14.opn.html -- rank: 439

... 1.15(b)(9) is ultra vires and void; and (2) whether plaintiff is entitled to investment company treatment pursuant to ... J.A.C. �18:7-1.15(b)(9) ; and (2) an opposition to plaintiff’s partial summary judgment motion contending ... a limited partnership interest in National Auto Dealer’s Exchange, L.P. (“NADE”). NADE, a Delaware limited partnership, was formed ... “Agreement of Limited Partnership of National Auto Dealers Exchange, L.P., a Delaware Limited Partnership” (the “Agreement”). The Agreement ... the board of directors for both plaintiff and Georgia Auction; (2) the same individuals served as officers of both plaintiff and ... Div. of Taxation , 25 N.J. Tax 88 (Tax 2009). 2 Plaintiff asserted that it was not doing business in ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100921

1948 ESTATE OF MADELINE F. BURNETT v. WATER'S EDGE CONVALESCENT CENTER -- rank: 439

... Court of New Jersey, Law Division, Mercer County, Docket No. L-2896-04. David R. Cohen argued the cause for appellant ... reconsideration of an order of the Law Division of March 2, 2007 granting summary judgment to defendants Water's Edge Convalescent ... date, shortly before her death, she left the center (August 2, 2004). The two-count complaint filed by the estate on ... a skin tear on the wrist and "scattered areas of (<2 cm) ecchymosis." Decedent was treated at RWJ again at the ... to that effect. Decedent left Water's Edge on August 2, 2004. She died on October 1, 2004. I The judge ... partial summary judgment on the right heel fracture, on March 2, 2007. Like the estate's written submissions on this ...

docket:	a4970-06
court:	njappellate
decided:	2008-07-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	115343

1949 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M. -- rank: 439

... Child Protection and Permanency (the Division) performed an emergency Dodd 2 removal of the daughter from her home. The court then ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984) and adopted by the Court in State ... fall outside the broad range of professionally acceptable performance; and (2) counsel's deficient performance must prejudice the defense – i ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 697).] As to the first prong, "the ...

docket:	a3242-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-07
status:	unpublished
citation:
Document Size:	24859

1950 STATE OF NEW JERSEY v. ANGEL ARRIAGA -- rank: 439

... the stop. Officer Benson testified to the following. On March 2, 2013, at approximately 12:30 p.m., his police car ... DWI. The trial judge convicted defendant of driving while suspended, 2 and dismissed the improper passing violation. Defendant raises the following ... to a trial court's interpretation of the law" because "[l]egal issues are reviewed de novo." [ State v. Watts , 223 ... Sutherland , ___ N.J. Super. ___ (App. Div. 2016) (slip op. at 2). But see State v. Puzio , 379 N.J. Super. 378 ... violation. Unsafe driving, N.J.S.A. 39:4-97.2(a), prohibits "any person [from] driv[ing] or operat[ing ... we apply the plain error standard of review. See R. 2:10-2 (stating "[a]ny error or omission shall ...

docket:	a3491-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	22931