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2326 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 415

... Early Release Act, N.J.S.A. 2C:43-7.2. 1 In the ensuing protective services proceeding, E.C. offered ... on life support apparatus at the Jersey City Medical Center. 2 The police also reported that E.C. had been arrested ... M.C. to gather information. The children's paternal uncle, L.C. (E.C.'s brother), and his fiancée, M.L., were also present. The grandparents stated that they normally cared ... exposed pipes that constitute safety and fire issues." Ultimately, M.L.'s parents, B.L. and P.L., were determined to be an appropriate ...

docket:	a6335-08
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:
citation:
Document Size:	56903

2327 RON GASTELU, JR v. ANDREW M. MARTIN, ESQ -- rank: 415

... Court of New Jersey, Law Division, Bergen County, Docket No. L-4067-14. Mark Allan Berman argued the cause for appellant ... malpractice and his breach of "good faith and fair dealing." 2 However, according to plaintiff's complaint, the latter claim was ... arbitration are deemed final and appealable as of right. R. 2:2-3(a); GMAC v. Pittella , 205 N.J. 572, 587 ... y] favoring arbitration." Atalese v. U.S. Legal Services Grp., L.P. , 219 N.J. 430 , 440 (2014), cert. denied , ___ U.S. ___, ___ S. Ct . ___, ___ L. Ed. 2d ____ (2015). "'[T]he affirmative policy of this ...

docket:	a0049-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-09
status:	unpublished
citation:
Document Size:	47548

2328 IN THE MATTER OF DANIEL WILKINSON -- rank: 415

... of a patient, contrary to N.J.A.C. 4A:2-2.3(a)(12) 2 and the Department's Administrative Order 4:08 C-3 ... a public employee, contrary to N.J.A.C. 4A:2-2.3(a)(6) and the Department's Administrative Order 4 ... and Ausby, he turns around and returns to the area. 2. J.M. enters the day room with Ausby, when [ ...

docket:	a2355-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-24
status:	unpublished
citation:
Document Size:	42296

2329 GAYLE ANN LIVECCHIA v. BOROUGH OF MOUNT ARLINGTON -- rank: 415

... refund overcharges for duplicating audiotapes of a borough council meeting. 2 The Borough challenges the propriety of the GRC order, urging ... documentation and sought reconsideration, N.J.A.C. 5:105-2.10, and a stay of the order, N.J.A.C. 5:105-2.12(f). At the GRC’s request, the parties completed ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980)), certif. denied , 199 N.J. 540 (2009 ... of Alcoholic Beverage Control v. Maynards, Inc. , 192 N.J. 158 , 183 (2007), and afford substantial deference to an agency' ...

docket:	a4501-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-13
status:	published
citation:	421 N.J. Super. 24 22 A.3d 140
Document Size:	48630

2330 STATE OF NEW JERSEY v. JOHN TUCKER -- rank: 412

... second-degree sexual assault, N.J.S.A. 2C:14-2(b); second-degree endangering the welfare of a child, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed the convictions, but remanded for resentencing in light ... an Excessive Sentence Oral Argument (ESOA) calendar pursuant to Rule 2:9-11. State v. Tucker ( Tucker II ), No. A-2471 ... pro se on January 14, 2010. 1 After PCR counsel 2 was assigned, a formal brief was submitted to the Law ... arguments are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). We add the following comments. We begin with basic ...

docket:	a6213-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	22150

2331 STATE OF NEW JERSEY v. THOMAS GIBERSON -- rank: 412

... to dismiss an indictment. State v. Morrison , 188 N.J. 2 , 11 (2006). The "indictment should be disturbed only on the ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). In making this assessment, we ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). The prosecution's duty to achieve justice ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958)). During opening statements, the prosecutor ...

docket:	a2268-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	36302

2332 STATE OF NEW JERSEY v. PEDRO PERALTA-PENA -- rank: 412

... to the officer, repeated the same admissions before receiving Miranda 2 warnings. The day before trial began, the judge suppressed defendant ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. II. "Prosecutors are afforded considerable leeway in closing arguments as ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76, 82 (1999). Prosecutors "are duty-bound to ... denied , 346 U.S. 825 , 74 S. Ct. 44 , 98 L. Ed. 350 (1953)). "Prompt and effective" instructions have the ability ...

docket:	a2416-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	29341

2333 STATE OF NEW JERSEY v. ALBERT J. DILTS -- rank: 412

... car. He and his girlfriend "gave chase" to the Acura. 2 When Cumer caught up with the vehicle, his girlfriend called ... contrary to N.J.S.A. 2C:15-1(a)(2) (count one); second-degree robbery, contrary to N.J.S ... degree burglary, contrary to N.J.S.A. 2C:18-2(a) (count six); and fourth-degree possession of a weapon ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Shorter sentences on the other charges, after required mergers, ran ... summation under the plain error rule. See R. 1:7-2 and R. 2:10-2; see also State v. Macon , 57 N. ...

docket:	a3272-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-20
status:	unpublished
citation:
Document Size:	27662

2334 N.G v. J.P. -- rank: 412

... Sobel argued the cause for respondent (Greenbaum, Rowe, Smith & Davis, L.L.P., attorneys; Mr. Sobel, of counsel and on the brief ... in front of plaintiff's home, he repeatedly stated, "F--- 2 you G--------," 3 "Burn in hell," and "I hope you ... issued a written amplification of his decision pursuant to Rule 2:5-1(b). On appeal, defendant raises the following claims ... are: (1) the nature and duration of the prior relationship; (2) whether the past domestic relationship provides a special opportunity for ... his sister's home is permissible because she had "tarnish[ed] [him] and assassinate[d] [his] character with Millburn police" ...

docket:	a3247-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 398 45 A.3d 371
Document Size:	69957

2335 THOSE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NUMBER BUY1780 v. CLEOPATRA, LLC -- rank: 412

... of New Jersey, Law Division, Cape May County, Docket No. L-0645-10. Nancy L. Goldstein argued the cause for appellants/cross-respondents (Mark J ... Powell argued the cause for respondents/cross-appellants (Powell & Roman, L.L.C., attorneys; Mr. Powell, on the brief). Michael C. Salvo ... property policy that was issued for a one-year term. 2 In March 2009, the motel suffered a $6,740 loss ... and every time it was no. I have never claim[ed] anything. Thus, and allegedly as a result of this ...

docket:	a1312-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	67858

2336 STATE OF NEW JERSEY v. GREGORY EZEKIAN, JR -- rank: 412

... v. Washington , 541 U .S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). Defendant contends he requested that the State ... 547 U.S. 813 , 822, 126 S. Ct. 2266 , 165 L. Ed.2d 224 (2006); Crawford , supra , 541, U.S. 36; State ... admission of the results at trial. (Citing R. 1:7-2; R. 2:10-2; State v. Huff , 292 N. ...

docket:	a2423-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-05
status:	unpublished
citation:
Document Size:	56283

2337 STATE OF NEW JERSEY v. SEAN MALCOLM -- rank: 412

... murder, contrary to N.J.S.A. 2C:43-7.2. He appeals his conviction and sentence. Shortly after midnight on ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960). The determination of relevancy rests in the ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989). We agree with the trial judge that ... hardly error "clearly capable of producing an unjust result." R. 2:10-2. State v. Macon , 57 N.J. 325 , ...

docket:	A3186-04
court:	NJ Superior Court Appellate Division
decided:	2007-05-22
status:	unpublished
citation:
Document Size:	82899

2338 STATE OF NEW JERSEY v. G.R. -- rank: 412

... appellant (Carolyn V. Bostic, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Michael J ... second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child ... N.J.S.A. 2C:24-4. The victim, Theo, 2 was the eleven-year-old son of defendant's girlfriend ... Early Release Act, N.J.S.A. 2C:43-7.2, and Megan's Law, N.J.S.A. 2C:7 ... factor two, N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness of harm inflicted on the ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005). Where the court does not ...

docket:	a2960-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	34470

2339 STATE OF NEW JERSEY v. LAVAR WADE -- rank: 412

... of first-degree carjacking, N.J.S.A. 2C:15-2, defendant was sentenced on March 7, 2011, to a term ... Release Act (NERA), N.J.S.A. 2C:43-7.2. That same day, he was also sentenced to a concurrent ... his sentence on the excessive sentence calendar (ESOA). See R. 2:9-11. Defendant's attorney argued: that it was [defendant ... KNOWING, VOLUNTARY, AND INTELLIGENT AS REQUIRED BY [ RULE ] 3:9-2 AND, THEREFORE, THE DEFENDANT'S CONVICTION SHOULD BE REVERSED AND ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). The Strickland standard was adopted ...

docket:	a5642-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-19
status:	unpublished
citation:
Document Size:	28401

2340 DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. -- rank: 412

... One of those children tested positive for cocaine at birth. 2 DYFS again became involved with S.S. when it received ... remain under the care and supervision of DYFS. On November 2, 2007, Dr. Allan Lee performed a psychological evaluation of S ... S. 745, 753, 102 S. Ct. 1388, 1394-95, 71 L. Ed. 2d 599, 606 (1982)), vacated on other grounds , 163 N.J. 158 (2000). "The Federal and State Constitutions protect the inviolability of ... S. 645, 651, 92 S. Ct. 1208, 1212-13, 31 L. Ed. 2d 551, 558-59 (1972)). However, government "is ...

docket:	a5484-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	53896