Search Rutgers Law Library N.J. Court Opinions

2176 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:	a5968-03
court:	njappellate
decided:	2006-01-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80403

2177 STATE OF NEW JERSEY v. MICHAEL B. FRANKLIN -- rank: 425

... arrest by flight, N.J.S.A. 2C:29-2a(2) (count four), a lesser-included offense of the original charge ... possession of drug paraphernalia, N.J.S.A. 2C:36-2. After the jury trial, the court conducted a bench trial ... we review this argument under the plain error standard. R. 2:10-2. "In the context of a jury charge, plain error requires demonstration of '[l]egal impropriety in the charge prejudicially affecting the substantial rights ... but to see that justice is done." State v. Frost , 158 N.J. 76 , 83 (1999) (citation omitted). In summation, ...

docket:	a3559-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	49353

2178 STATE OF NEW JERSEY v. FRED LEHMAN -- rank: 425

... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We affirm, substantially for the reasons expressed by Judge Thomas ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997); State v. Preciose , 129 N.J. 451 ... defendant must satisfy the two prongs of the Strickland/Fritz 2 paradigm. First, a defendant must show that counsel was actually ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Second, he must show ...

docket:	a3247-08
court:	superior court appellate division
decided:	2011-01-31
status:	unpublished
citation:
Document Size:	17477

2179 WAYNE PROPERTY HOLDINGS L.L.C v. TOWNSHIP OF WAYNE -- rank: 423

... NOS. A-3478-10T4 A-3607-10T4 WAYNE PROPERTY HOLDINGS, L.L.C., APPROVED FOR PUBLICATION July 19, 2012 APPELLATE DIVISION Plaintiff ... Court of New Jersey, Law Division, Passaic County, Docket Nos. L-4636-04 and L-1270-08. David R. Oberlander argued the cause for appellant Wayne Property Holdings, L.L.C. (Bisgaier Hoff, L.L.C., attorneys; Mr. Oberlander, ...

docket:	a3607-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-19
status:	published
citation:
Document Size:	36554

2180 WILLIAM ARTHUR CLAYTON v. SUSAN CLAYTON -- rank: 423

... Marks argued the cause for appellant (The Marks Law Group, L.L.C., attorneys; Ms. Marks, on the brief). Susan Clayton, respondent ... reduction of her monthly alimony support from $2300 to $1426. 2 William argues on appeal that the cohabitant's financial support ... be modified in light of changed circumstances." Konzelman v. Konzelman , 158 N.J. 185, 195 (1999). The decision of whether to ... to make a prima facie showing of cohabitation. Konzelman , supra , 158 N.J. at 202; Ozolins , supra , 308 N.J. Super ... Co. , 65 N.J. 474 , 484 (1974); see Konzelman , supra , 158 N.J. at 202-03 (deferring to the trial ...

docket:	a4009-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	29522

2181 STATE OF NEW JERSEY v. ANDREW J. CONTALDI -- rank: 423

... distribution of cocaine, N.J.S.A. 2C:35-5b(2), for which defendant received a concurrent seven-year term with ... mistake by the jury." Dolson v. Anastasia , 55 N.J. 2 , 6 (1969). Thus, a trial judge cannot set aside a ... there is a "miscarriage of justice under the law." R. 2:10-1; see State v. Sims , 65 N.J. 359 ... that the defendant (1) conspired with at least two others; (2) was an organizer, supervisor, financier or manager; (3) engaged in ... error was "clearly capable of producing an unjust result." R. 2:10-2; State v. Macon , 57 N.J. 325 , 336 (1971). ...

docket:	a5408-10
court:	NJ Superior Court Appellate Division
decided:	2013-12-12
status:	unpublished
citation:
Document Size:	59715

2182 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H. -- rank: 423

... Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mal'ee L. Wing, Deputy Attorney General, on the brief). Noel C. Devlin ... health had not changed. Dr. Sostre noted K.H. "appear[ed] more informed . . . about [M.H.'s] disability and limitations[;]" nevertheless ... H.] and required that [M.H.] be removed from her 2 years ago and cannot function as a safe or appropriate ... So, the first prong being that the child's hea[l]th and development was endangered by the parental relationship, I ... a week program for mental health treatment, and [has] continu[ed] to do so now for over two years [] with no ... prong three, the court first noted that DYFS never "offer[ed] services to train or treat [defendant] with her present ...

docket:	a6037-07
court:	superior court appellate division
decided:	2010-01-25
status:	unpublished
citation:
Document Size:	77867

2183 STATE OF NEW JERSEY v. JAY R. GOLDBERG -- rank: 423

... a CDS production facility, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-4 (count four ... or dispense a CDS, N.J.S.A. 2C:5-2, N.J.S.A. 2C:35-5a(1), and N ... Early Release Act, N.J.S.A. 2C:43-7.2, and five years of parole supervision upon his release. The ... FACTORS, RESULTING IN A MANIFESTLY EXCESSIVE SENTENCE. (Not raised below). 2 After reviewing the record in light of the contentions advanced ... S. at 444-45, 86 S. Ct. at 1612, 16 L. Ed. 2d at 707. Our Supreme Court has held that " ...

docket:	a1160-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-07
status:	unpublished
citation:
Document Size:	58730

2184 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.B. et al. -- rank: 423

... YOUTH AND FAMILY SERVICES,     Plaintiff-Appellant, v. H.B. and L.M.B.,     Defendants-Respondents. __________________________________ IN THE MATTER OF C.B ... the brief).         John M. Zaiter argued the cause for         respondent L.M.B. (Broscious and Fisher,         attorneys; Mr. Zaiter, on the ... filed pursuant to the provisions of Title 9, against defendant L.M.B. ("Linda"), the mother of a thirteen-year-old ... and physical harm by permitting her husband ("Lawrence" See footnote 2 ), Cathy's stepfather, to reside in the home after learning ... supporting the classification of the stepfather as a sex offender; (2) rejecting the application of the Law Guardian requesting the court ... to apply the provisions of N.J.S.A. 9:2-4.1b in determining whether the stepfather's return ...

docket:	A0758-04
court:	NJ Superior Court Appellate Division
decided:	2005-02-16
status:	published
citation:	375 N.J. Super. 148 866 A.2d 105
Document Size:	78909

2185 DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF CODES AND STANDARDS BUREAU OF ROOMING AND BOARDING HOUSE STANDARDS v. EDEN HOUSE, INC. -- rank: 423

... 9, 2000; May 15 and 16, 2000; August 1 and 2, 2000; July 19 through 21, 2004; and October 29, 2004 ... to comply with N.J.A.C. 8:43-9.2(c), (d), (e), and (f), regulations which require a nurse ... to provide patients with an initial nurse's assessment; and (2) several patients lacked documentation as to the reasons for their ... further inspections of Eden House from July 31 through August 2, 2000. On this occasion, the DOH found that Eden House ... as required by N.J.A.C. 8:43-9.2(c) and (e). The DOH also found that one female ... in violation of N.J.A.C. 8:43-8.2(f). The DOH specifically identified the following: Flies in ...

docket:	a3311-05
court:
decided:	2009-05-01
status:	Unpublished
citation:
Document Size:	123203

2186 STATE OF NEW JERSEY v. EDWIN MCSWAIN -- rank: 423

... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984); United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. Ed.2d 657 (1984); State v. Allah , 170 N.J. 269 ... U.S. at 687, 104 S. Ct . at 2064, 80 L. Ed. 2d at 693.] Our Supreme Court subsequently adopted the ...

docket:	a3603-08
court:	superior court appellate division
decided:	2010-11-09
status:	unpublished
citation:
Document Size:	19416

2187 2787-03T5 K. HOVNANIAN COMPANIES OF NORTH CENTRAL JERSEY,INC. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 423

... OF ENVIRONMENTAL PROTECTION,         Defendant-Respondent, and WENDY KELMAN NEU, JOHN L. NEU and CONCERNED CITIZENS OF UNION TOWNSHIP, Defendants/Intervenors-Respondents ... Court of New Jersey, Law Division, Hunterdon County, Docket Number L-452-03. Paul Schneider argued the cause for appellant (Giordano ... of the Law Division dismissing its Mount Laurel See footnote 2 complaint on grounds of ripeness and failure to exhaust administrative ... an appropriate location for construction of M oun t Laure l housing. In or about 1990, Hovnanian entered into discussions with ... In November 1999, defendants-intervenors Wendy Kelman Neu and John L. Neu, who own property adjacent to the Sidney Brook, appealed ... of the property in the State Plan's Planning Area 2 justified the relatively minor level of degradation in the ...

docket:	A2787-03
court:	NJ Superior Court Appellate Division
decided:	2005-07-01
status:	published
citation:	379 N.J. Super. 1 876 A.2d 847
Document Size:	24840

2188 STATE OF NEW JERSEY v. DONALD KELLEY, JR -- rank: 423

... Charles P. Savoth, III, Designated Counsel, on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (Gretchen A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant did not file a direct appeal. Defendant filed a ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Wild ... on the merits." State v. Marshall , 148 N.J. 89 , 158 (first alteration in original) (quoting State v. Preciose , 129 N ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Defendant fails to demonstrate a ...

docket:	a3873-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-31
status:	unpublished
citation:
Document Size:	16545

2189 State, Commissioner of Transportation v. Weiswasser -- rank: 423

... diminished as a consequence of the partial taking. (p. 10) 2. Most cases that have considered mitigation of damages in a ... may include the availability and value of replacement property; and (2) severance damages may include the loss of visibility of the ... side would otherwise justify.'" (quoting Black's Law Dictionary (4th ed. 1968)). The doctrine of mitigation is concerned with the compensatory ... presenting claims based on nuisance. E.g. , Dickinson v. Delaware, L. & W. R.R. Co. , 90 N.J.L. 158 (E. & A. 1917) (reciting general rule that one suffering ...

docket:	a-54-96
court:	njsupreme
decided:	1997-05-20
status:
citation:	145 N.J. 373
Document Size:	67562

2190 STATE OF NEW JERSEY v. R.J.C. -- rank: 423

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On this appeal, defendant presents the following points for our ... was in sixth grade, when she told her best friend, L.R. Later, after she overheard her sister, S.E., telling ... exually explicit" photographs. She gave the photos to the police. 2 On cross-examination, M.D. admitted that she did not ... also presented brief fresh complaint testimony from the victims' friends, L.R. and V.E. In the final jury charge, the ... denied , 555 U.S. 813 , 129 S. Ct. 44 , 172 L. Ed.2d 22 (2008). Defendant also raises a number of ...

docket:	a0285-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-14
status:	unpublished
citation:
Document Size:	39960