Search Rutgers Law Library N.J. Court Opinions

2041 STATE OF NEW JERSEY v. ANTHONY MAHONEY -- rank: 431

... he attempted to cross Route 9 in Monmouth County at 2:00 a.m., after drinking with friends at a nearby ... Rachel Brown: In accordance with N.J.A.C. 11:2-17.11, Unfair Claims Practices, we are required to notify ... the following information. 1.    The amount of payment: $75,000 2.    The party/parties to whom the check was made payable ... the 116 trust account had a balance of $250.19; (2) On January 20, 1999, a deposit was made in the ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). Prosecutors may suggest legitimate inferences ... denied , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001). Simply stated, prosecutors are not ...

docket:	a3364-02
court:	njappellate
decided:	2005-03-17
status:	published
citation:	376 N.J. Super. 63
Document Size:	69666

2042 STATE OF NEW JERSEY v. LIONEL D. BROWN -- rank: 431

... JR., a/k/a LYNEL BROWN, a/k/a KEVIN L. COOPER, Defendant-Appellant. ___________________________________ October 10, 2017 Submitted January 18, 2017 ... Early Release Act, N.J.S.A. 2C:43-7.2, which we affirmed in an excessive sentencing appeal. Brown later ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005), we apply the two-pronged Strickland test ... Washington , 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); State v. Fritz , 105 N.J. ...

docket:	a0629-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-10
status:	unpublished
citation:
Document Size:	27851

2043 STATE OF NEW JERSEY v. OMAR WALKER -- rank: 431

... of third degree distributing heroin, a controlled dangerous substance (CDS), 158 N.J. 112, 128 (1999). The charge must provide the ... We review this issue under the plain error standard, R. 2:10-2, because defense counsel did not request that the trial court ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Failure to provide an identification charge constitutes ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), was the result of tactics ...

docket:	a3460-06
court:	njappellate
decided:	2009-03-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36892

2044 STATE OF NEW JERSEY v. MICHAEL GRANT -- rank: 431

... Paula T. Dow, Essex County Prosecutor, attorney for respondent (Luanh L. Lloyd, Assistant Prosecutor, of counsel and on the brief). PER ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation of that ... by demonstrating that: (1) counsel's performance was deficient, and (2) the deficient performance actually prejudiced the accused's defense. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693; see also State v. Fritz , 105 ...

docket:	a6537-06
court:	njappellate
decided:	2009-01-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71068

2045 STATE OF NEW JERSEY v. MICHAEL WEAVER -- rank: 431

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to dismiss the remaining counts of both indictments. The ... both indictments and to a sentence he was presently serving. 2 Notably, prior to his earlier trial, defendant rejected a plea ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and subsequently adopted by our Supreme Court ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, and adopted in Fritz , supra , 105 ...

docket:	a4159-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	27144

2046 /usr/local/share/www/libweb/collections/courts/appellate/a3357-14a3395-14.opn.html -- rank: 431

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two ... to dismiss count six pursuant to Rule 3:18-1. 2 A-3357-14T2 merger, Wilson was sentenced to an aggregate ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Flagler was sentenced to an aggregate extended term of thirty ... from the trial record. On August 10, 2012, M.I.2 was in Jersey City selling home theater and stereo systems ... in Jersey City so that they could make a purchase. 2 We use initials to identify the victim to protect his ... beginning with the letter B and ending with the letter L. He described the weapon as a 'black colored revolver ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	85745

2047 STATE OF NEW JERSEY v. TIMOTHY GLENN WATTS -- rank: 431

... GEORGE JERMAINE CALDWELL, Defendant-Appellant. ________________________________________________________________ December 4, 2009 Submitted November 2, 2009 - Decided Before Judges Lisa and Alvarez. On appeal from ... degree armed robbery, N.J.S.A. 2C:15-1; (2) second-degree possession of a weapon for an unlawful purpose ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Caldwell then went to trial, but the trial ended with ... sentencing range, see N.J.S.A. 2C:44-1f(2), to five years imprisonment subject to an 85% parole disqualifier ... ARMED ROBBERY WAS INCORRECT AND WARRANTS A NEW TRIAL. POINT 2 THE TRIAL COURT SHOULD HAVE SUPPRESSED THE EVIDENCE WHICH POLICE ... two videotaped statements to the police, the first at about 2:30 a.m., and the second at about 11: ...

docket:	a0552-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-04
status:	unpublished
citation:
Document Size:	65501

2048 IN THE MATTER OF FAIR LAWN BOROUGH -- rank: 431

... Borough (Goodman & Lustgarten, attorneys; Mr. Lustgarten, on the brief). Ronald L. Shimanowitz argued the cause for respondents Landmark at Radburn, L.L.C. and Bergen Development Group, L.L.C. (Hutt & Shimanowitz, P.C.; Mr. Shimanowitz, of counsel and ... of affordable housing on the property of Landmark at Radburn, L.L.C., and Bergen Development Group, L.L.C. ( ...

docket:	a1611-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-08
status:	published
citation:	406 N.J. Super. 433 968 A.2d 180
Document Size:	46123

2049 ADS ASSOCIATES GROUP INC v. ORITANI SAVINGS BANK -- rank: 431

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3648-06. Gary S. Newman argued the cause for appellants/‌cross-respondents (Newman & Denburg, LLC, and Seidman & Pincus, L.L.C., attorneys; Mr. Newman and Mitchell B. Seidman, of counsel ... shareholder of ADS, had an established business with "minority status." 2 Therefore, Allen proposed "a joint venture for the project," and ... required to remove any money from the account. On October 2, 2003, Allen and Sanchez opened Account No. XXXXXX3604 (3604) in ... as treasurer, and the form stated: "Number of Signatures Required: 2." On a separate business account signature card, Allen and ...

docket:	a2999-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-29
status:	unpublished
citation:
Document Size:	66108

2050 STATE OF NEW JERSEY - v. JOHN CALHOUN - -- rank: 431

... NEW JERSEY, Plaintiff-Respondent, v. JOHN CALHOUN, Defendant-Appellant. ____________________________ November 2, 2009 Submitted September 23, 2009 - Decided Before Judges Stern and ... Smith Segars, Public Defender, attorney for appellant Timyan Cabbell (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... counsel and on the brief in A-6015-05T4; Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief in ... Calhoun) arise from the homicide of Paul Lecaros on April 2, 2004. On that date, Louis Lecaros (Mr. Lecaros) was working ... acting as DJ for the evening. After closing time at 2:00 a.m., Mr. Lecaros gave three waitresses (Sandra Narvarro ... had returned from a club to her apartment at about 2:30 a.m. When they heard gunshots, they looked ...

docket:	a6015-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-02
status:	Published
citation:
Document Size:	52637

2051 STATE OF NEW JERSEY v. CANDELARIO DOMINGUEZ -- rank: 431

... Kentucky , 559 U.S. 356, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), State v. Gaitan , 209 N.J. 339 ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013), and State v. Nuñez-Valdéz ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). An attorney's performance is ...

docket:	a5756-10
court:	NJ Superior Court Appellate Division
decided:	2013-07-25
status:	unpublished
citation:
Document Size:	24860

2052 THE BOC GROUP, INC., et al. v. FEDERAL INSURANCE COMPANY -- rank: 431

... Court of New Jersey, Law Division, Union County, Docket No. L-4271-03. Anthony J. Marchetta argued the cause for appellants ... Periodic Adjustment Percentage equal to the lesser of (1) or (2)[.] (1) The percentage increase in the Consumer Price Index for ... is a multiple of 1/4 percent shall be used. (2) The 12 month average of one-year Treasury Constant Maturities ... the monthly Treasury Bill rates for the prior year plus 2%); instead, the Plan paid the [claimants] the amounts contained in ... the monthly Treasury Bill rates for the prior year plus 2% and then determine the present value of the age 65 ... Effective October 1, 2003, Federal issued so-called Endorsement No. 2 by which it amended the "benefits due" exclusion as ...

docket:	a4167-05
court:	njappellate
decided:	2007-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	99019

2053 STATE OF NEW JERSEY v. KEVIN M. WHITTINGTON -- rank: 431

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... S. 284 , 294-95, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973)). The right is not absolute, however ... U.S. 673 , 679, 106 S. Ct. 1431 , 1435, 89 L. Ed.2d 674 , 683 (1986)). The trial court must closely examine ... respond to "(1) admissible evidence that generates an issue; or (2) inadmissible evidence admitted by the court over objection." Ibid. ...

docket:	a3495-05
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44958

2054 NORTHERN BURLINGTON COUNTY REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION v. BRET SCHUNDLER -- rank: 431

... On appeal from the New Jersey Department of Education. Shannon L. Hudak argued the cause for appellant (Parker McCay, P.A ... prompted by the implementation of Governor Christie's February 11, 2 010 Executive Order 14 (Executive Order), which mandated that the ... public education; or (B) the amount of such aid; or (2) make such aid available to local educational agencies in a ... the year and thus was a major contributor to the $2.2 [million] of Federal Impact Aid identified as an allowable adjustment ... denied , 510 U.S. 991 , 114 S. Ct. 547, 126 L. Ed.2d 449 (1993). As long as the agency ...

docket:	a0607-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-03
status:	unpublished
citation:
Document Size:	25069

2055 MARK TANNEN v. WENDY TANNEN -- rank: 431

... Snyder argued the cause for respondent/cross-appellant (Snyder & Sarno, L.L.C., attorneys; Mr. Snyder, of counsel and on the brief ... certain investment account in plaintiff's name (the Vanguard account); 2) the amount of permanent alimony awarded to her pursuant to ... the action and by forcing them to proceed without discovery; 2) plaintiff lacked standing to bring any claims against them; 3 ... on a trip with some friends, but her father refused. 2 Defendant made no other requests for funds from the WTT ... under the Restatement (Third) of Trusts § 50 comment d(2) (2003), 3 the terms "support and maintenance and the ...

docket:	a4211-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:
Document Size:	102292