Search Rutgers Law Library N.J. Court Opinions

2491 IN THE MATTER OF CITY OF NEWARK, Public Employer- Appellant, et al. -- rank: 402

... appeals, contending: (1) the Commission erred in ordering the election, (2) the Rules of Professional Conduct bar municipal attorneys from joining ... bargaining process." See N.J.A.C. 19:11-1.2(a)(9) (petition for certification shall be accompanied by a ... of the employees. N.J.A.C. 19:11`- 1.2(a)(9). The showing of interest is confidential and may ... furnished to the parties. N.J.A.C. 19:11-2.1. This cloak of secrecy is designed to protect the ... purpose of collective bargaining. N.J.A.C. 19:11-2.1 provides that the Director shall determine the adequacy of ... City heavily relies on RPC 1.7(b) and (c)(2). These rules bar an attorney from representing a client ...

docket:	a6106-99
court:	njappellate
decided:	2002-01-14
status:	published
citation:	346 N.J. Super. 460
Document Size:	39166

2492 Peter Risko v. Thompson Muller Automotive Group, Inc. -- rank: 402

... trial court’s feel of the case. (pp. 19-21) 2. In granting a new trial, the judge focused on the ... for appellant ( McElroy, Deutsch, Mulvaney & Carpenter , attorneys; Mr. Carey , Loren L. Pierce and William A. Cambria , on the briefs). Rudolph C ... for leave to appeal from the Appellate Division’s judgment. 2 Risko v. Thompson Muller Auto. Group, Inc. , 204 N.J ... Jersey , 532 U.S. 932, 121 S. Ct. 1380, 149 L. Ed. 2d 306 (2001)). Accordingly, we conclude the judge abused his ... the opposite conclusion . . . .” Dolson v. Anastasia , 55 N.J. 2 , 6 (1969). A "miscarriage of justice" has been described ...

docket:	a-27-10
court:	superior court trial
decided:	2011-06-07
status:
citation:
Document Size:	95020

2493 STATE OF NEW JERSEY v. NAJEE KELSEY -- rank: 402

... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); felony murder, N.J.S.A. 2C:11 ... count two); and burglary, N.J.S.A. 2C:18-2 (count three). On count one, the judge sentenced defendant to ... Release Act (NERA), N.J.S.A. 2C:43-7.2. He imposed the same sentence to run concurrently on count ... at trial revealed that on May 20, 2008, at approximately 2:00 p.m., a neighbor of Tanisha Tull was coming ... error was "clearly capable of producing an unjust result." R. 2:10-2. The Court has said that [i]n the context ...

docket:	a3891-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	47209

2494 STATE OF NEW JERSEY v. HAKEEM SHAQUI ROBERSON -- rank: 402

... attorney; Mr. Smith, of counsel and on the brief). Meredith L. Balo, Assistant Prosecutor, argued the cause for respondent (Theodore J ... degree racketeering, contrary to N.J.S.A. 2C:41-2(c) (count one); (2) second-degree conspiracy to distribute "cocaine and/or heroin," N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count three); (3) second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:12-1( ...

docket:	a1157-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	unpublished
citation:
Document Size:	39595

2495 A & J COMPANIES INTERNATIONAL INC. v. GOVERNING BODY OF THE TOWNSHIP OF IRVINGTON -- rank: 402

... activity on the licensed premises, N.J.A.C. 13:2-23.5(b) and (c) (charges 2 and l); caused the licensed premises to be conducted in such a ... police intervention - public safety violated), N.J.A.C. 13:2-23.6(a)(3) (charge 3); 1 and caused or ... premises and with audience participation, N.J.A.C. 13:2-23.6(a)(1) (charges 4 and 5); and (2) on May 6, 2009, petitioner failed to conspicuously display ...

docket:	a2485-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-11
status:	unpublished
citation:
Document Size:	43612

2496 IN THE MATTER OF JAMIE SKINNER DEPARTMENT OF CORRECTIONS -- rank: 402

... Jersey State Prison in Rahway since December 2005. On April 2, April 22, and May 4, 2009, the DOC issued Preliminary ... conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6); other sufficient cause, N.J.A.C. 4A:2-2.3(a)(11); and various violations of the Human Resources ... appellant had failed to report that his mother, Lexine Skinner, 2 had applied for a mortgage on his behalf with ...

docket:	a5346-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-07
status:	unpublished
citation:
Document Size:	43247

2497 /usr/local/share/www/libweb/collections/courts/appellate/a5092-17.opn.html -- rank: 402

... SANDERS, Plaintiff-Respondent, v. SCOTT SANDERS, Defendant-Appellant. _______________________ Submitted March 2, 2020 – Decided July 21, 2020 Before Judges Messano and ... to a federal institution in Miami, Florida. A-5092-17T2 2 Early in the litigation, plaintiff served a subpoena and deposition ... 2017 order threatening default unless defendant complied with discovery demands; 2) modify the November 2016 and May 2017 A-5092-17T2 ... by a third law firm, defendant moved to vacate default.2 The judge denied the motion, and we denied defendant's ... The default hearing took place on November 8, with plaintiff 2 It is unclear from the record why the default hearing ... moved orally and in writing to vacate default. On February 2, 2018, the judge entered an order denying defendant's ...

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court:
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Document Size:	37465

2498 STATE OF NEW JERSEY v. LUIS SARZOZA-GUZMAN -- rank: 402

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2, on count one; fifteen months in prison on count two ... Theories of Guilt of Obstruction Were Insufficient Under the Statute. 2. If It Were Appropriate to Present These Theories of Guilt ... EXCESSIVE. A. Aggravating Factors. 1) Gravity and seriousness of harm. 2) Risk of re-offense. 3) Deterrence. B. Mitigating Factors. 1) Prior criminal history 2) Intoxication After reviewing the record in light of the contentions ... grandchildren to bed. Lozada and his wife Grace retired around 2:00 a.m. Chase then locked the access door ...

docket:	a0443-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-23
status:	unpublished
citation:
Document Size:	39366

2499 STATE OF NEW JERSEY v. BLAIR CREED -- rank: 402

... Annmarie Cozzi, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Cozzi, on the brief ... that the test was aborted because the "control test failed." 2 Cruise and Deak then transported defendant to the headquarters of ... after the control test failure of the Montvale Alcotest; and (2) the police were required to read the standard DWI refusal ... consideration: POINT I [ N.J.S.A. ] 39:4-50.2 DOES NOT GIVE POLICE UNBRIDLED AUTHORITY TO TRANSPORT A DEFENDANT ... FULLY COMPLIED WITH [ N.J.S.A. ] 39:4-50.2. B. THE POLICE VIOLATED [ N.J.S.A. ] 39:4-50.2 BY FAILING TO PROVIDE AND MAINTAIN A PROPERLY WORKING ...

docket:	a3496-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-20
status:	unpublished
citation:
Document Size:	20801

2500 STATE OF NEW JERSEY v. NINA POWERS -- rank: 402

... appellant/cross-respondent (Clifford E. Lazzaro, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent/cross-appellant (Elizabeth ... endangering another person, N.J.S.A. 2C:12-2b(2) (count two). 2 The judge sentenced defendant to a five year probationary term ... Person Pursuant to N.J.S.A. 2C:12-2b(2). II. THE JURY'S GUILTY VERDICT AS TO BOTH COUNTS ... judgment notwithstanding the verdict (JNOV) pursuant to Rule 3:18-2; and for a new trial under Rule 3:20-1 ... a reasonable doubt. State v. D.A. , 191 N.J. 158 , 163 (2007) (citing State v. Reyes , 50 N.J. ...

docket:	a4804-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	57360

2501 Wilson v. Wal-Mart Stores -- rank: 402

... 5.1 Version This case can also be found at 158 N.J. 263. SYLLABUS (This syllabus is not part of ... DCR has not made a final determination. (pp. 7-9) 2. Even though Wilson failed to withdraw her DCR complaint before ... d/b/a Sam's Club ( Roberts & Finger , attorneys; Joel L. Finger , of counsel). Rosemary Alito argued the cause for respondent ... Fuchilla , 488 U.S. 826 , 109 S. Ct. 75 , 102 L. Ed.2d 51 (1988). LAD's primary goal is to "eradicat ... enacted in 1945, it explicitly provided only an administrative remedy. L. 1945, c. 169, � 26; see also Shaner v. Horizon ...

docket:	a-185-97
court:	njsupreme
decided:	1999-05-03
status:
citation:	158 N.J. 263
Document Size:	75253

2502 JILL MEGLINO v. CAITLIN C. GAGNE -- rank: 402

... Court of New Jersey, Law Division, Ocean County, Docket No. L-1559-11. Shebell & Shebell, L.L.C., attorneys for appellants (Thomas F. Shebell, III, of counsel ... and a half weeks after the accident. According to Sabo, 2 the x-rays from the emergency room revealed a straightened ... her to attend classes from 8:00 a.m. until 2:30 p.m. daily. As of the time of trial ... could not be discussed outside the jury room. At approximately 2:00 p.m., the jury alerted the judge that ...

docket:	a5959-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-14
status:	unpublished
citation:
Document Size:	45365

2503 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.C. and K.S. -- rank: 402

... of the child and placed him with his paternal grandmother. 2 A.S. III was returned to his parents' custody, but ... deference." N.J. Div. of Youth & Family Servs. v. R.L. ,�388 N.J. Super. 81, 89 (App. Div. 2006) (quoting� Manalapan Realty, L.P., v. Twp. Comm. of Manalapan , 140 N.J. 366 ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972); N.J. Div. of Youth ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). "That fundamental parental right, ...

docket:	a1801-09
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	33998

2504 STATE OF NEW JERSEY v. DAN MCCALLUM, a/k/a DAN MCCALLUM JR., a/k/a DAN E MCCALLAM, a/k/a DAN F. MCCALLUM, a/k/a DANIEL F MC CALLUM, a/k/a FRANK MCCALLUM a/k/a JAMES GILDER a/k/a DARRIM SMITH, a/k/a MIKE SMITH, a/k/a KAHLIF TAREK, a/k/a DARREN SMITH a/ -- rank: 402

... a lengthy tape, Soja found the few seconds of transmissions. 2 He stated that was not unusual, as undercover officers typically ... 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).] Suppression of such evidence violates due process ... the defendant must show that: (1) the prosecution suppressed evidence; (2) the evidence is favorable to the defense; and (3) the ... U.S. 51, 57, 109 S. Ct. 333, 337, 102 L. Ed. 2d 281, 289 (1988)); see also State v. Mustaro , ...

docket:	a3098-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	44777

2505 BI-COUNTY DEVELOPMENT CORPORATION v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 402

... and recreationally important wildlife." N.J.A.C. 7:7A-2.5(b)(2). They also provide a "buffer area to keep human activities ... on freshwater wetlands species." N.J.A.C. 7:7A-2.5(b)(5). The amount of land designated as a ... or "ordinary resource value." N.J.A.C. 7:7A-2.5(c)-(e). In July 2009, Bi-County submitted a ... 7:7A-1.4, by adding the following underlined text: 2. The Department makes the finding that the area remains suitable ... County next requested that N.J.A.C. 7:7A-2.4, "[c]lassification of freshwater wetlands by resource value," ...

docket:	a1047-09
court:	superior court appellate division
decided:	2010-10-22
status:	unpublished
citation:
Document Size:	35080