Search Rutgers Law Library N.J. Court Opinions

2251 A-0STATE OF NEW JERSEY v. JULIO GRACIANO August 14, 2013 -- rank: 417

... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree possession of a weapon for an ... Evette Frasier, N.J.S.A. 2C:12-1(b)(2) (count six). In a separate trial, the jury found defendant ... Release Act (NERA), N.J.S.A. 2C:43-7.2; a concurrent five-year term on count three; a consecutive ... Police Lab that referred to Wordelman as the "pregnant victim." 2 Defense counsel acknowledged that he and the prosecutor failed to ... clearly capable of producing an unjust result.'" Ibid. (quoting R. 2:10-2). Here, before deciding to give the curative instruction, the ...

docket:	a6263-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	45088

2252 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA v. ZURICH INSURANCE COMPANY -- rank: 417

... Court of New Jersey, Law Division, Mercer County, Docket No. L-0518-04. Steven J. Ahmuty, Jr., (Shaub, Ahmuty, Citrin & Spratt ... structure into a mixed use office and retail building and (2) the demolition of another existing building and the construction on ... precautions and programs in connection with [its] work." Article 5.2 of the subcontract, entitled "Insurance and Indemnity," required Kone to ... loss, or expense (1) is attributable to bodily injury . . . [and] (2) is caused, in whole or in part, by any negligent ... perations performed for [Gilbane] by [Kone] at the [Project]" or (2) "arises out of . . . [Gilbane's] acts or omissions in connection ... of an elevator shaft that was under construction. Kevin Black 2 —— a worker performing services under the direction ...

docket:	a1816-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-28
status:	unpublished
citation:
Document Size:	67920

2253 STATE OF NEW JERSEY v. ROBERT C. RENSHAW -- rank: 417

... of the New Jersey Constitution. We reverse. I. At approximately 2:17 a.m. on August 19, 2004, Officer Gordon Muller ... and 0.1403 on vial B. The defense called Gary L. Lage as an expert in toxicology and pharmacology with specific ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004) precludes the State from relying on the ... Constitution. Id. at 68-69, 124 S. Ct. at 1374, 158 L. Ed 2 d at 203. Before us, defendant ...

docket:	A0712-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-09
status:	published
citation:	390 N.J. Super. 456 915 A.2d 1081
Document Size:	68996

2254 STATE OF NEW JERSEY v. SHAKEEM S. YOUNG -- rank: 417

... 1) NOT CHALLENGING THE NO SHOW/NO RECOMMENDATION CONDITION; AND (2) NOT REQUESTING A HEARING ON THE ISSUE OF THE DEFENDANT ... 31, 2012, during an Excessive Sentencing Oral Argument calendar, R. 2:9-11. This court's order, issued on August 1 ... subject to review on post-conviction relief. R. 3:22-2(c). We are not persuaded. On direct appeal, defendant raised ... not constitute an abuse of discretion" or shock the conscience. 2 Rule 3:22-5 states an adjudication of an issue ... S. 668 , 687-88, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a claim of ...

docket:	a0796-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	33764

2255 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. H -- rank: 417

... J. JACKSON, a/k/a CARLOS LANGSTON, Defendant-Appellant. ________________________________ May 2, 2017 Submitted April 24, 2017 – Decided Before Judges Nugent ... resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2) (count three). On March 11, 2014, a municipal court judge ... apprehension" charge, and ordered defendant to pay a $750 fine. 2 Prior to trial, a trial judge incorrectly dismissed counts one ... a fair trial." State v. Baum , 224 N.J. 147 , 158-59 (2016) (alteration in original) (quoting State v. Reddish , 181 ... of producing an unjust result," id. at 182 (quoting R. 2:10-2), and consider the totality of the circumstances ...

docket:	a1648-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-02
status:	unpublished
citation:
Document Size:	45033

2256 STATE OF NEW JERSEY v. DAVID GASKINS -- rank: 417

... a gray camouflage jacket which contained documents addressed to David L. Gaskins, a handgun, and thirty-three glassine envelopes of suspected ... JURY CONSIDERATION OF THAT EVIDENCE. R. 3-18-1; R. 2:10-2. POINT VI THE TRIAL COURT ERRED IN DENYING DEFENDANT'S ... denied , 507 U.S. 929, 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993)) . To issue a search warrant, the State ... denied , 525 U.S. 1033, 119 S. Ct. 576, 142 L. Ed. 2d 480 (1998). A court should consider the ...

docket:	a6204-09
court:	NJ Superior Court Appellate Division
decided:	2014-01-10
status:	unpublished
citation:
Document Size:	53236

2257 STATE OF NEW JERSEY v. WILLIAM FORBES -- rank: 417

... petition for certification but subsequently dismissed the appeal on October 2, 2003, after concluding that certification had been improvidently granted. On ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997); State v. Odom , 113 N.J. Super ... succeed on the merits. Marshall , supra , 148 N.J. at 158; State v. Preciose , 129 N.J. 451 , 463 (1992). A ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), which has been adopted by ...

docket:	A3861-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-26
status:	unpublished
citation:
Document Size:	31864

2258 E-Z AUTO SERVICE INC. v. MAYOR AND TOWNSHIP COMMITTEE FOR THE TOWNSHIP OF PLUMSTED, et al. -- rank: 417

... Court of New Jersey, Law Division, Ocean County, Docket No. L-1221-01, L-3711-01, L-3265-02. Azrak & Associates, attorneys for appellant (Fredric F. Azrak ... Mayor and Township Committee of the Township of Plumsted (Lawrence L. McIver, on the brief). Timothy M. Prime, attorney for respondent ... use considered to be of a retail or wholesale nature. 2. Auto, truck and trailer sales, service, storage and repair, provided ... shall a service station be erected or located closer than 2,000 feet from any other service station as measured ...

docket:	a4853-03
court:	njappellate
decided:	2006-06-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82991

2259 TRUSTEES OF THE ALPINE METHODIST EPISCOPAL CHURCH v. NEW JERSEY UNITED METHODIST CHURCH -- rank: 417

... Court of New Jersey, Law Division, Bergen County, Docket No. L-6123-14. John J. Clark, IV argued the cause for ... Ameri & Associates, LLC, attorneys; Nima Ameri, on the brief). Fredric L. Shenkman argued the cause for respondents New Jersey United Methodist ... Church, and Reverend Wayne Plumstead (Cooper Levenson, PA, attorneys; Fredric L. Shenkman and Roger Lai, on the brief). Edward S. Kiel ... the complaint against Reverend Kim pursuant to Rule 4:6-2(e), the trial court determined it lacked subject matter jurisdiction ... Book of Discipline (The Discipline), and consequently the Church's 2 A-4583-15T2 personal and real property was held in ... to dismiss plaintiff's complaint pursuant to Rule 4:6-2(e). He argued the court lacked subject matter jurisdiction ...

docket:	a4583-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	128580

2260 A.P - v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 417

... for appellants (Law Office of Janet B. Lurie, attorneys; Beth L. Barnhard, of counsel; Ms. Lurie, on the brief). Dianna Rosenheim ... was residing in the home with the institutionalized person"; and (2) concluded A.B.'s mortgage interest was not an "equity ... and application of a statute or regulation, is limited." I.L. v. N. J. Dep ' t of Human Servs . Div. of ... authorized and not otherwise defective. In re Union County Reg'l High Sch. Dist. No. 1 , 168 N.J. 1 , 10 ... 2007) (citing P.F. v. N.J. Div. of Dev ' l Disabilities , 139 N.J. 522 , 530 (1995)); see also In re Taylor , 158 N.J. 644 , 658 (1999) (advising an appellate court ...

docket:	a6116-07
court:	superior court appellate division
decided:	2009-10-19
status:	Unpublished
citation:
Document Size:	52246

2261 STATE OF NEW JERSEY v. RUBEN MEJIAS -- rank: 417

... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). Defendant's prior record included five indictable convictions, two of ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and also five years of parole supervision upon his release ... appeal, we affirmed the sentence by order pursuant to Rule 2:9-1. The Supreme Court denied defendant's second petition ... Toribio as "one of the guys" involved in the incident; (2) the car defendant entered as he left PL&C; (3 ... 668 , 689, 694, 104 S. Ct. 2052 , 2065, 2068, 80 L. Ed.2d 674 , 694, 698 (1984); State v. Loftin , ...

docket:	a4524-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-04
status:	Published
citation:
Document Size:	28972

2262 KAMIE S. KENDALL v. HOFFMAN-LA ROCHE, INC. -- rank: 417

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-8213-05. Paul W. Schmidt (Covington & Burling LLP) of the ... stimates of the incidence of Crohn's disease are approximately 2 per 100,000 population per year.[] Since introduction of [Accutane ... 31, 1997. During that period, it was estimated that 1.2 to 1.5 million patients had used Accutane, and that ... the plaintiff in McCarrell v. Hoffman-La Roche, Inc. , No. L-1951-03 (Law Div. Mar. 12, 2008), the first of ... included: (1) reference to the positive challenge/dechallenge/rechallenge events, (2) revealed the results its internal causation assessments, and (3) listed ... warnings was scientifically accurate, and that those warnings conservatively "err[ed] on the side of patient safety." With respect to ...

docket:	a2633-08
court:	superior court appellate division
decided:	2005-12-21
status:	unpublished
citation:
Document Size:	219553

2263 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 417

... Court of New Jersey, Law Division, Essex County, Docket No. L-3974- 16. Glenn A. Montgomery argued the cause for appellant ... Counsel, argued the cause for respondent City of Newark (Willie L. Parker, Corporation Counsel, attorney; Gary S. Lipshutz, Assistant Corporation Counsel ... plaintiff, while working as a New Jersey state trooper, fell 2 A-5231-15T2 into an uncovered manhole. As a result ... N.J. Super. 425, 430 (App. Div. 1976); see Nat'l Newark & Essex Bank v. Hous. Auth., 75 N.J. 497 ... by the trial court on July 22, 2016. Plaintiff appeals.2 II. The TCA 'imposes strict requirements upon litigants seeking to ... of claim. N.J.S.A. 59:8-3; see 2 The NHA does not concede it is the actual ...

docket:	a5231-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	67668

2264 STATE OF NEW JERSEY v. WILLIAM HAIRSTON -- rank: 417

... denied , 414 U.S. 876 , 94 S. Ct. 83 , 38 L. Ed.2d 121 (1973). In fact, defendant chose to move in ... U.S. 443 , 465, 91 S. Ct. 2022 , 2037, 29 L. Ed.2d 564 , 582 (1971). Traditionally, courts have expressed three elements ... 1) the officer must lawfully be in the viewing area; (2) the officer must discern the evidence inadvertently, 2 i.e., without knowing in advance where it was ...

docket:	a5204-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-08
status:	unpublished
citation:
Document Size:	35232

2265 /usr/local/share/www/libweb/collections/courts/appellate/a3723-17.opn.html -- rank: 417

... N.J.S.A. 2C:11-3(a)(1) and (2), and numerous other offenses. A jury acquitted defendant of murder ... for the victim and witnesses to protect their privacy interests. 2 A-3723-17 7.2. The weapons convictions were merged with the aggravated manslaughter conviction ... violated when inferential hearsay from a confidential informant was admitted; (2) he should have been granted an acquittal on the hindering ... drove her to work. Nancy was scheduled to work until 2 a.m. on June 12, 2014, and at approximately 1 ... both taken into custody, given and waived their Miranda rights, 2 and gave statements. Portions of defendant's statement were ...

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