Search Rutgers Law Library N.J. Court Opinions

2161 STATE OF NEW JERSEY v. J.A. -- rank: 425

... her brother to visit Cora, a family friend. See footnote 2 2 Defendant would bring his children for regular weekend visits to ... source of N.J.S.A. 2C:14-1 and -2 is the Model Penal Code. The Sponsor's statement to ... supports or rehabilitates the victim's credibility. State v. W.L. , 278 N.J. Super. 295 , 302-04 (App. Div. 1995 ... R.E. 104(a) hearing, such error was harmless. R. 2:10-2.     As we have already noted, there is no requirement ...

docket:	a6752-98
court:	njappellate
decided:	2001-02-05
status:	published
citation:	337 N.J.Super. 114
Document Size:	28103

2162 STATE OF NEW JERSEY v. ZAMAIRE BARDEN -- rank: 425

... Was Per Se Ineffective Assistance Of Counsel. A-3409-19 2 D. For Each And All Of These Reasons, A New ... of the client.' ([National Juvenile Defense Center] Standard 8.4). 2. 'Counsel should be knowledgeable about the key aspects of developmental ... window, standing about a foot from the car. Tweak 'look[ed] at [her]' and then 'fired off multiple shots.' Knight 'hugged ... attempted murder under N.J.S.A. 2C:43-7.2, and a concurrent term of five years with forty-two ... of a firearm, and possession of a firearm with a 2 See P.L. 2007, c. 341 § 3. A-3409-19 18 ...

docket:	a3409-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-25
status:	Unpublished
citation:
Document Size:	82128

2163 STATE OF NEW JERSEY v. KELLY DE LA ROSA -- rank: 425

... 0561. Yvonne Smith Segars, Public Defender, attorney for appellant (Jack L. Weinberg, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). We reject these claims. We disagree with ... informants was "clearly capable of producing an unjust result," Rule 2:10-2, and it does not warrant reversal. (b) ...

docket:	a0815-07
court:	superior court appellate division
decided:	2010-08-12
status:	unpublished
citation:
Document Size:	62721

2164 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 425

... Court of New Jersey, Law Division, Morris County, Docket No. L-3140-14. Christopher L. Deininger argued the cause for appellant (Deininger & Associates, LLP, attorneys; Christopher L. Deininger, on the briefs). Vijavant Pawar argued the cause for ... investigations, including allegations of engaging in electioneering A-0597-17T1 2 on behalf of his brother while on-duty and using ... contract, Township of Parsippany-Troy Hills v. Carifi, No. MRS-L-2604-13; in that suit, the Township alleged plaintiff wrongfully ... an officer for two years. Carifi II settled before trial. 2 N.J.S.A. 2A:38A-1 to -6. ...

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2165 STATE OF NEW JERSEY v. FRANCIS R. BENNETT -- rank: 425

... HEARING. A. FAILURE TO PRESENT EXCULPATORY EVIDENCE 1. RECONSTRUCTION EXPERT 2. INVESTIGATOR THOMAS BEATTY 3. ALIBI EVIDENCE 4. VIDEOTAPES B. TRIAL ... conclusions of the trial court. R. 3:22-11; R. 2:2-1(a)(3). While we afford deference to a trial ... J 391 , 415 (2004), cert. denied , ____ U.S. ____, ___ S. Ct. ___, ___ L. Ed.2d ___ (2005). Trial courts typically should grant evidentiary hearings to ... the 'counsel' guaranteed the defendant by the Sixth Amendment "; and (2) establish that the attorney's deficient performance prejudiced the ...

docket:	A2157-04
court:	NJ Superior Court Appellate Division
decided:	2006-01-30
status:	unpublished
citation:
Document Size:	80682

2166 STATE OF NEW JERSEY v. SEAN TALIAFERRO -- rank: 425

... Gallagher, Assistant Prosecutor, argued the cause for respondent (Theodore F.L. Housel, Atlantic County Prosecutor, attorney; Mr. Gallagher, of counsel and ... likelihood of irreparable misidentification, unfairly prejudicing defendant at trial. Point 2 Admitting as excited utterances the alleged victim's out-of ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). In Herrera , supra , the police made ... Washington , 547 U.S. 813 , 126 S. Ct. 2266 , 165 L. Ed.2d 224 (2006). The trial court held that they ...

docket:	a6012-05
court:	njappellate
decided:	2008-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	74271

2167 AFFILIATED FM INSURANCE COMPANY, et al. v. THE STATE OF NEW JERSEY, et al. -- rank: 425

... COMPANY,         Plaintiffs-Appellants, v. THE STATE OF NEW JERSEY; KAREN L. SUTER, in her official capacity as Acting Commissioner of the ... 209 , 212-216 (1993), aff'g 256 N.J. Super. 158 (App. Div. 1992); Matter of Loans of N.J. Prop ... denied , 502 U.S. 1121 , 112 S. Ct. 1244 , 117 L. Ed.2d 476 (1992); Allstate Ins. Co. v. Fortunato , 248 N ... particularly Assembly Appropriations Committee Statement annexed to Assemb., No. 1- L. 1990, c. 8 (FAIRA), and Senate Budget and Appropriations Committee Statement annexed to S., No. 1250- L. 1994, c. 57 (GDPA).     In reviewing that history to ...

docket:	a7372-97
court:	njappellate
decided:	2001-04-11
status:	published
citation:	338 N.J. Super. 540
Document Size:	56992

2168 STATE OF NEW JERSEY v. MALCOLM MILLER -- rank: 425

... in violation of N.J.S.A. 2C:39-4a(2). Also named in the indictment were two co-defendants, one ... murder, N.J.S.A. 2C:11-3a(1) and (2); conspiracy to commit murder, N.J.S.A. 2C:5-2; unlawful possession of a weapon, N.J.S.A. 2C ... of a handgun, N.J.S.A. 2C:39-4a(2). On March 4, 2011, pursuant to a new plea agreement ... the charges and consequences of the plea. R. 3:9-2; State v. Kovack , 91 N.J. 476 , 484 (1982); accord ... finding that it was in compliance with R. 3:9-2 as well as Kovack and its progeny. A motion ...

docket:	a4389-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	31208

2169 IN THE MATTER OF THE REALLOCATION OF THE PROBATION OFFICER AND PROBATION OFFICER, BILINGUAL IN SPANISH AND ENGLISH TITLES FROM THE COMPETITIVE TO THE NON-COMPETITIVE DIVISION OF THE CAREER SERVICE -- rank: 425

... argued that the proposal violated article VII, section 1, paragraph 2 of the New Jersey Constitution , which requires public employees to ... appointments pursuant to N.J.A.C. 4A:3-1.2. On June 21, following further submissions by the parties and ... Commission issued a final administrative order approving the pilot program. 2 The year-long pilot program was originally to have been ... was consistent with N.J.A.C. 4A:3-1.2(c)(2), which allows a job title to be placed "in the ... set forth in N.J.A.C. 4A:3-1.2(c), certification procedures will not likely meet the needs ...

docket:	a0056-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-22
status:	published
citation:	441 N.J.Super. 434 119 A.3d 921
Document Size:	54277

2170 /usr/local/share/www/libweb/collections/courts/tax/11330-15.opn.html -- rank: 425

... vice , for plaintiff (Norton Rose Fulbright US, LLP, attorneys, Andrea L. D’Ambra, Esq., local counsel, on the briefs). Michael J ... which plaintiff paid with a check accompanying its notification letter. 2 For tax years 2002-2006, plaintiff applied the increase to ... order as a matter of law.” R. 4:46-2 (c). In Brill v. Guardian Life Ins. Co. , 142 N ... deciding a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with respect ... Super. 346 , 366 (App. Div. 2015)(quoting R. 4:46-2(c)), certif. denied , 224 N.J. 124 (2016). Mere assertions ... summary judgment. Miller v. Bank of Am. Home Loan Servicing, L.P. , 439 N.J. Super. 540 , 551 (App. Div.), ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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2171 RICHARD CATENA v. RAYTHEON COMPANY -- rank: 425

... Court of New Jersey, Law Division, Bergen County, Docket No. L-1267-11. Szaferman, Lakind, Blumstein & Blader, P.C., attorneys for ... 318, 325 (App. Div.), certif. denied , 188 N.J. 577 (2 006). The application of the discovery rule is for the ... applicability to fraud claims. 62 N.J. at 275 n.2. The discovery rule is "essentially a rule of equity." Id ... S. 633 , 644, 130 S. Ct. 1784 , 1793-94, 176 L. Ed.2d 582 , 594 (2010) (quoting Bailey v. Glover , 88 U.S. (21 Wall.) 342, 349, 22 L. Ed.2d 636 , 639 (1875)). A defendant should "not ...

docket:	a4636-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-18
status:	published
citation:	447 N.J.Super. 43 145 A.3d 1085
Document Size:	49951

2172 STATE OF NEW JERSEY v. WAYNE GIBSON -- rank: 425

... and location of the incident. He described the evidence, documenting "2 Vials of blood from Chilton Hospital marked 'Wayne Gibson'" and ... samples in the "refrigerator lock box" at "18:06" on "2/17/07." On the "police officer's" report Sergeant Burns ... Kinnelon Police Department, testified that on February 23, 2007, at 2:30 p.m., he retrieved defendant's blood samples from ... bag. The vials were labeled "Wayne Gibson" and were dated "2/17/07." Baklarz tested the samples using a gas chromatograph ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add, however, the following comments. Establishing the custody ...

docket:	a6098-07
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	46253

2173 HANSEN HOUSE, LLC, v. CITY OF VENTNOR -- rank: 425

... House indicates that there has been no change in the -2- operations of the sober living houses and the exemption should ... and $57,628 in other compensation as non-taxable benefits. 2 In addition, Roger Hansen serves as the Chairman and Secretary ... married, and Jennifer Hansen and Erika Hansen are their daughters. 2 Each year a qualified not-for-profit under I.R ... § 6104(b) (public inspections); Treas. Reg. § 1.6033-2 (a)(2) (Form 990). -4- The public filings also reveal that of ... v. Shinnihon U.S.A. Co., 399 N.J. Super. 158 , 177 (App. Div. 2008). However, it does not mean ...

docket:	12157-17
court:	NJ Superior Court Appellate Division
decided:	2022-09-09
status:	Unpublished
citation:
Document Size:	40752

2174 STATE OF NEW JERSEY v. SHALEKE A. FISHER -- rank: 425

... for second-degree eluding, N.J.S.A. 2C:29-2(b). Defendant was sentenced to seven years imprisonment. For the ... was introduced at trial. On March 16, 2011, at approximately 2:30 a.m., Officer Stanley Pearson of the Scotch Plains ... station. Detective Mark Hampton testified he read defendant his Miranda 2 rights, which defendant waived; defendant then gave a statement admitting ... a cross-racial identification charge 4 under State v. Cromedy , 158 N.J. 112 (1999), which the judge denied because the ... COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ACQUITTAL. POINT 2: THE TRIAL COURT ERRED BY PERMITTING DEFENDANT'S PRETRIAL STATEMENT ... N.J. at 459). N.J.S.A. 2C:29-2(b), in relevant part, provides: Any person, while operating ...

docket:	a5485-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-21
status:	Published
citation:
Document Size:	35779

2175 STATE OF NEW JERSEY v. RASHEEN NORWOOD -- rank: 425

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Rachel G ... degree resisting arrest, N.J.S.A. 2C:29-2a(2). 1 After appropriate merger, defendant was sentenced on the eluding ... control of the vehicle and crashed into [a dirt] embankment. . . ." 2 The detectives pulled up within a car length of the ... side door, "and as he's doing so, he look[ed] back to see . . . what [the detectives'] location [was] . . . and then ... have been clearly capable of producing an unjust result. . . ." R. 2:10-2; State v. Afanador , 151 N.J. 41, 54 (1997). ...

docket:	a0419-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	38514