Search Rutgers Law Library N.J. Court Opinions

2056 Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities -- rank: 431

... OPRA), N.J.S.A. 47:1A-1 to -13. 2 In 2008 , the Council on Affordable Housing (COAH), acting pursuant ... ground that the League “is not covered by” OPRA. 2 On May 16 , 2008, Fair Share filed a verified complaint ... because] (1) it does not perform a governmental function; and (2) it is not authorized to spend public funds.” The ... traditional governmental task, such as trash collection. (pp. 14-19) 2. Both the trial court and the Appellate Division went astray ... Ms. Waterbury and William J. Kearns, Jr. , of counsel). Edward L. Barocas argued the cause for amicus curiae American Civil Liberties ... of the New Jersey State League of Municipalities. 1 See L. 1915, c. 163. That year the League came into ...

docket:	A-36-10
court:	NJ Supreme Court
decided:	2011-08-23
status:
citation:
Document Size:	81877

2057 STATE OF NEW JERSEY v. MATTHEW HIEBSCH -- rank: 431

... enter a conditional guilty plea pursuant to Rule 7:6-2(c), reserving the right to apply for relief from the ... v. Washington , 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). The municipal court judge accepted defendant's ... to appeal from any adverse discovery determinations. R. 7:6-2(c); see also State v. Szemple , 332 N.J. Super ... J. Super. 492 , 497 (App. Div. 2010) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a5640-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	26373

2058 H.R. v. THE NEW JERSEY STATE PAROLE BOARD -- rank: 431

... free from unreasonable searches under Article I, A-2843-16T3 2 Paragraph 7 of our State Constitution. 1 Plaintiffs H.R ... N.J.S.A. 2C:24-4(b)(5)(a).2 I.R.'s sentence did not include PSL. In H ... relief under the Fourth Amendment of the United States Constitution. 2 The Legislature has amended the Code provision three times since defendant's plea. See L. 2013, c. 51; L. 2013, c. 136; L. 2017, c. 141. A-2843-16T3 3 weighed the ...

docket:	a2843-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-20
status:	Published
citation:	457 N.J.Super. 250 199 A.3d 297
Document Size:	32827

2059 STATE OF NEW JERSEY v. GEORGE CALDWELL -- 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:	a4331-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-04
status:	Published
citation:
Document Size:	62994

2060 A. v. B. v. Hill Wallack -- rank: 431

... 5.1 Version This case can also be found at 158 N.J. 51. SYLLABUS (This syllabus is not part of ... granted leave to appeal and decided the appeal summarily ( R . 2:8-3(a) ), without oral argument. HELD : The husband's ... the firm's services to defraud her. (pp. 7-11) 2. The firm did not learn of the existence of the ... oral argument, and to accelerate the appeal. Pursuant to Rule 2:8-3(a) See footnote 1 , we grant the motion ... to his issue. Under N.J.S.A. 3C:1-2, :2-48, the term "issue" includes both legitimate and illegitimate ...

docket:	a-86-98
court:	njsupreme
decided:	1999-04-15
status:
citation:	158 N.J. 51
Document Size:	53251

2061 /usr/local/share/www/libweb/collections/courts/appellate/10290-11.opn.html -- rank: 431

... of Merrill Creek within Harmony, consisting of approximately 840 acres. 2 The ten individual parcels under appeal for the 2011, 2012 ... City of Newark , 10 N.J. 99, 105 (1952); See L. Bamberger & Co. v. Div. of Tax Appeals , 1 N.J ... Taxation , 7.3, at 101 (David E. Crabtree) (1 st ed. 2007); See Pantasote Co. v. City of Passaic , 100 N ... rejected. See Atlantic City v. Atlantic City Bd. of Tax , 2 N.J.Tax 30 , 42-43 (Tax 1980). Although the ... of Real Estate Appraisers, The Appraisal of Real Estate (9 ed. 1987) at 345-55. The first step is the determination ... subject improvements. [ The Appraisal of Real Estate 385 (13 th ed. 2008).] Merrill Creek’s expert appraiser used the reproduction ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	113221

2062 STATE OF NEW JERSEY v. SHIRLEY PERKINS -- rank: 431

... SHIRLEY PERKINS, Defendant-Appellant. _____________________________________ Submitted March 21, 2007 - Decided May 2, 2007 Before Judges A. A. Rodríguez, Sabatino and Lyons ... denied , 508 U.S. 947 , 113 S. Ct. 2433 , 124 L. Ed.2d 653 (1993). The Supreme Court has "long accepted that ... 176 , 271 (1993), cert. denied , 127 S. Ct. 1285 , 167 L. Ed.2d 104 (2007) (quoting State v. Thomas , 26 N.J ... this issue. In Christe ner , the "defendant's actions reveal[ed] an all-encompassing fear" of the victim, who had ...

docket:	a6020-04
court:	njappellate
decided:	2007-05-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	100823

2063 COOPER HOSPITAL UNIVERSITY MEDICAL CENTER v. PRUDENTIAL INSURANCE COMPANY -- rank: 431

... Court of New Jersey, Law Division, Camden County, Docket No. L-7024-02. George J. Weinroth argued the cause for appellant ... deemer statute, N.J.S.A. 17:28-1.4, L. 1997, c . 436, � 1, limits an insurer's obligation to ... he remained for several days before his death on February 2, 2002. During his stay at Cooper, decedent incurred medical expenses ... U.S. 470 , 485, 37 S. Ct. 192 , 194, 61 L. Ed. 442 , 452 (1917)). Interpretation of a statute commences with an ... the language of the statute, Higgins v. Pascack Valley Hosp . , 158 N.J. 404 , 418 (1999), which "ordinarily" governs if ...

docket:	A1861-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-27
status:	published
citation:	378 N.J. Super. 510 876 A.2d 335
Document Size:	53955

2064 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

2065 STATE OF NEW JERSEY VS. EMMANUEL MERVILUS -- rank: 431

... Division, Union County, Indictment No. 07-03-00231. Caruso & Diaz, L.L.C., attorneys for appellant (John D. Caruso, on the brief ... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). The ... assault, N.J.S.A. 2C:12-1b(1), -1b(2). Based on improper expert testimony concerning polygraph evidence, we reverse ... Morris and Union Avenues in Elizabeth, the victim, Miguel Abreu, 2 flagged down two police officers. He reported that he had ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Thus, we turn to Points ...

docket:	a5812-07
court:	superior court appellate division
decided:	2011-02-15
status:	published
citation:	418 N.J. Super. 138 12 A.3d 258
Document Size:	37124

2066 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

2067 STATE OF NEW JERSEY v. VICTOR E. AGUIRRE -- rank: 431

... robbery convictions. We affirm. I. Defendants Aguirre, Macao and Jose L. Montes de Oca were charged by a Union County Grand ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consisting of consecutive seven-year terms subject to NERA on ... IN NOT GRANTING 820 DAYS JAIL CREDIT FROM 8/21/2 008 TO 11/1/2010. WHERE SENTENCE WAS RAN CONCURRENT ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). We review questions of prosecutorial ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... v. R.B. , 183 N.J. 308 , 330 (2005); R. 2:10-2. We first note that when Montes de ...

docket:	a5007-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	51597

2068 STATE OF NEW JERSEY v. VICTOR E. AGUIRRE -- rank: 431

... robbery convictions. We affirm. I. Defendants Aguirre, Macao and Jose L. Montes de Oca were charged by a Union County Grand ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consisting of consecutive seven-year terms subject to NERA on ... IN NOT GRANTING 820 DAYS JAIL CREDIT FROM 8/21/2 008 TO 11/1/2010. WHERE SENTENCE WAS RAN CONCURRENT ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). We review questions of prosecutorial ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... v. R.B. , 183 N.J. 308 , 330 (2005); R. 2:10-2. We first note that when Montes de ...

docket:	a3809-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	54118

2069 STATE OF NEW JERSEY v. O.C.Q. -- rank: 431

... 2C:5-1 and N.J.S.A. 2C:14-2(b), and third-degree endangering the welfare of a child, eight-year-old L.M. ("Laurie"), N.J.S.A. 2C:24-4(a ... s Office. Once there, defendant was provided with written Miranda 2 warnings in Spanish and signed a Miranda waiver. He was ... U.S. at 467, 86 S. Ct. at 1624, 16 L. Ed. 2d at 719; accord Stas , supra , 212 N.J. at ... U.S. at 479, 86 S. Ct. at 1630, 16 L. Ed. 2d at 726. The Court in Miranda further ...

docket:	a1621-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-13
status:	unpublished
citation:
Document Size:	40190

2070 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