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2071 PARKO PROPERTIES, LLC v. MERCER INSURANCE COMPANY OF NEW JERSEY -- rank: 431

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-1746-14. Gregory W. Boyle argued the cause for appellant ... it costs, interest, and fees pursuant to Rule 4:58-2, as the consent judgment amount was more than 120 percent ... earlier. The trial court denied the motion. A-4137-17T2 2 Mercer appeals from the order finding coverage, and Parko cross ... Tropical Cyclone Report Hurricane Sandy, 22- 29 October 2012, (Nat'l Hurricane Center, Feb. 12, 2013). Sandy ranks second only to ... to establish that wear and tear thereafter caused the loss.2 The trial court then granted Mercer's motion that, as ... interest and attorney's fees pursuant to the offer-of- 2 Although Parko brought its motion for coverage in the ...

docket:	a4137-17
court:	NJ Superior Court Appellate Division
decided:	2020-11-19
status:	Unpublished
citation:
Document Size:	48880

2072 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.A. -- rank: 431

... Division (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Patricia L. Parker, Deputy Attorney General, on the brief). Joseph E. Krakora ... crossing lines of bruises spanning his back. The bruises "appear[ed] to be from a belt" and were "criss crossed on ... confirmed he was home at the time of the abuse. 2 Once the Division rested its case at 4:45 p ... record." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007). The family court's ... such serious injuries. Div. of Youth & Family Servs. v. A.L. , 213 N.J. 1 , 18 (2013). Father contends he did ... quoting N.J.S.A. 9:6-8.46(b)(2)). "In matters involving abuse and neglect of children, the ...

docket:	a4437-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	45671

2073 STATE OF NEW JERSEY v. CARNITA ALLEN -- rank: 431

... Below). 1. Inadequate Notice of Right to File Interlocutory Appeal. 2. Inadequate Notice of Right to File Direct Appeal at the ... Washington , 466 U.S. 668 , 104 S. Ct. 2052, 80 L. Ed.2d 674 ). Therefore, in order to establish a prima facie ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. This test establishes a two-pronged analysis ... U.S. 745 , 754, 103 S. Ct. 3308, 3314, 77 L. Ed.2d 987 , 995 (1983). The practice of appellate ...

docket:	a4665-07
court:	superior court appellate division
decided:	2010-01-07
status:	unpublished
citation:
Document Size:	59430

2074 /usr/local/share/www/libweb/collections/courts/supreme/a3133-15.opn.html -- rank: 431

... Release Act (NERA), N.J.S.A. 2C:43-7.2. The charges stemmed from defendant's abduction of a thirteen ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005). However, where, as in this case, "no ... 129 N.J. 451, 459 (1992). Under Rule 3:22-2(a), a criminal defendant is entitled to post-conviction relief ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 ,698 (1984), and United States v. Cronic , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22783

2075 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

2076 STATE OF NEW JERSEY v. TIMYAN CABBELL 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:	a3069-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-02
status:	unpublished
citation:
Document Size:	54699

2077 STATE OF NEW JERSEY v. JAMES T. PRITCHETT -- rank: 431

... parked "essentially, in the middle of nowhere and then walk[ed] across the street" rather than in a location more convenient ... the object was a controlled dangerous substance under the Gates [ 2 ] totality of the circumstances test. Accordingly, defendant's motion was ... U.S. at 21, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906). We "consider all the circumstances surrounding the ... otherwise terminate the encounter." State v. Tucker , 136 N.J. 158 , 166 (1994) (quoting Florida v. Bostick , 501 U.S. 429 , 439, 111 S.Ct. 2382 , 2389, 115 L.Ed.2d 389 , 402 (1991)); see also State v. ...

docket:	a3761-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	32706

2078 State v. Wilberto Rodriguez -- rank: 431

... be criminally liable for the reckless manslaughter of that assailant. 2 On March 19 , 2003, Wilberto Rodriguez was inside the W.L. Mini-Market in Jersey City, attempting to sell car radios ... the murder, aggravated manslaughter, and manslaughter charges. (Pp. 5-6) 2. The New Jersey Code of Criminal Justice, N.J.S ... in part to reliance on dicta in State v. Moore , 158 N.J. 292 (1999), were “clearly capable of producing ... ” defendant’s conviction for reckless manslaughter cannot stand. R. 2:10-2. Last, the Court agrees with the Appellate Division’s ...

docket:	a-25-07
court:
decided:	2008-06-09
status:
citation:	195 N.J. 165
Document Size:	48961

2079 STATE OF NEW JERSEY v. JOSEPH A. SALLADINO -- rank: 431

... Division, Cape May County Indictment No. 12-09-00579. Robert L. Taylor, Cape May County Prosecutor, attorney for appellant (J. Vincent ... had engaged in criminal activity sufficient "to conduct a Terry [ 2 ] type stop," the pat-down was unlawful because he did ... 2011)), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). We do not, however, defer to a ... U.S. at 27, 88 S. Ct. at 1883, 20 L. Ed. 2d at 909. "An investigatory police stop, sometimes referred ...

docket:	a2175-12
court:	NJ Superior Court Appellate Division
decided:	2013-09-25
status:	unpublished
citation:
Document Size:	28434

2080 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

2081 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

2082 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 431

... her notice of claim, but serves the wrong public entity; (2) a separate claimant serves a timely notice of claim on ... potential liability and correct the underlying condition. (pp. 11-13) 2. Recognizing the harshness of N.J.S.A. 59:8 ... standard on a case-by-case basis. (pp. 13-15) 2 3. In Lowe v. Zarghami, a patient brought a medical ... who left a metallic clip in her body during surgery. 158 N.J. 606, 611, 613 (1999). The physician was employed ... ” Ibid.; see also Ventola v. N.J. Veterans Mem’l Home, 164 N.J. 74, 82 (2000) (finding extraordinary circumstances ... notice of claim, but her attorney improperly served the State; (2) Morales served a timely notice of claim on the ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010

2083 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

2084 RONALD J. CAVANAUGH v. SKIL CORPORATION -- rank: 431

... the state-of-the art defense, over defendant's objection; (2) gave a jury charge on the state-of-the-art ... to properly instruct or warn plaintiff about its use; and (2) the Skilsaw was defective in its design, manufacture and lack ... 1) the hazard should be designed out of the product; (2) if the hazard could not be designed out, then it ... s maintenance. ����The benefits of a blade brake "far outweigh[ed] any risk of injury that may occur." A blade brake ... the brake. There was an increased risk of (1) electrocution, (2) switch failure, which would prevent the saw from stopping after ... THE JURY AND PREJUDICED A SUBSTANTIAL RIGHT OF DEFENDANT'S. ��������2.����WHETHER THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR WHEN HE ...

docket:	a2800-96
court:	njappellate
decided:	1999-07-09
status:	published
citation:	331 N.J. Super. 134
Document Size:	110423

2085 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