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2686 STATE OF NEW JERSEY v. GERALD B. WILSON -- rank: 391
... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(c) (count one); second-degree child endangerment, N.J.S ... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count seven); third- degree criminal restraint, N.J.S.A. 2C:13-2(a) (count eight); and second-degree kidnapping, N.J.S ... See R. 1:38-3(c)(9). A-0434-17T4 2 couple, and a minor son, O.P. After marrying defendant ... Release Act (NERA), N.J.S.A. 2C:43-7.2, Parole Supervision for Life, N.J.S.A. 2C: ...
docket: a0434-17
court: NJ Superior Court Appellate Division
decided: 2020-01-30
status: Unpublished
citation:
Document Size: 59430
2687 State of new jersey v. KEVIN MCGRATH -- rank: 391
... degree aggravated manslaughter, N.J.S.A. 2C:43-7.2. On appeal, defendant seeks reversal of his conviction, based upon ... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in regard to the court's ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Overall, the instructions given to the jury ... N.J. Super. 325 , 333 (App. Div. 1998), aff'd , 158 N.J. 149 (1999). There was no error. The ...
docket: a4276-06
court: superior court appellate division
decided: 2009-10-09
status: unpublished
citation:
Document Size: 52597
2688 IN THE MATTER OF CAPE MAY COUNTY/ERNEST AND JANICE UTSCH AND ANNA MAY LETTS FARM -- rank: 391
... Jersey State Agriculture Development Committee, No. 05-0006-PG. Barbara L. Bakley-Marino, County Counsel, attorney for appellant Cape May County ... easement value was $750,000, or $147,000 per acre. 2 J. Paul Bainbridge, MAI, SCGREA, appraised the property on August ... or $270,200 per acre. See N.J.A.C. 2:76-17.11(e) ("The [SADC] shall appoint a review ... understanding of 1) if the existing appraisals meet SADC standards; 2) if the County c[an] qualify for relief pursuant to N.J.A.C. 2:76-17.11 -- which was created to offer assistance to ... of easement noting the exception area and the restriction to 2 residential opportunities would be needed and a new survey ...
docket: a1997-11
court: NJ Superior Court Appellate Division
decided: 2013-07-23
status: unpublished
citation:
Document Size: 51884
2689 STATE OF NEW JERSEY v. NAQUAN O'NEIL a/k/a NAQUAN O'NEAL -- rank: 391
... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. On direct appeal, defendant's counsel argued (1) that the ... instructions were coercive and resulted in an unfair compromise verdict; (2) the court erred in admitting into evidence certain prior bad ... reckless manslaughter. In Rodriguez , the Court repudiated State v. Moore , 158 N.J. 292 , 303 (1999), which had indicated that self ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation of that ... by demonstrating that: (1) counsel's performance was deficient, and (2) the deficient performance actually prejudiced the accused's defense. ...
docket: a3080-10
court: NJ Superior Court Appellate Division
decided: 2012-12-12
status: unpublished
citation:
Document Size: 26988
2690 TOMU DEVELOPMENT COMPANY, INC v. BOROUGH OF CARLSTADT -- rank: 388
... Court of New Jersey, Law Division, Bergen County, Docket Nos. L-5894-03 and L-5895-03. Kipp & Allen, attorneys for appellants Borough of Carlstadt ... of exclusionary zoning that failed to address their Mount Laurel 2 affordable housing obligations. Because the land upon which Tomu proposed ... and 22 acres in East Rutherford (block 107.03, lots 2, 5, and 7 3 ). In Carlstadt only about 3.584 ... affordable housing obligations and develop appropriate affordable housing compliance plans; (2) imposing the punitive ruling of appointing a private person as ... J.S.A. 13:17-60 to -76. Meadowlands Reg'l Dev. Agency v. State , 112 N.J. Super. 89 , ...
docket: a5512-05
court: New Jersey Superior Court Appellate Division
decided: 2008-08-29
status: Published
citation: 197 N.J. 474 963 A.2d 843
Document Size: 42233
2691 STATE OF NEW JERSEY v. ABRAHAM L. BERGER -- rank: 388
... 03221-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ABRAHAM L. BERGER, Defendant-Appellant. ___________________________ April 26, 2017 Submitted April 4, 2017 ... Knowles, Assistant Prosecutor, on the brief). PER CURIAM Defendant Abraham L. Berger appeals from an October 20, 2015 order denying his ... persons, N.J.S.A. 2C:21-17.3(b)(2), 1 and was sentenced on May 30, 2014, to five ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Whether to conduct an evidentiary hearing rests ... warrant an evidentiary hearing." Marshall , supra , 148 N.J. at 158 (citations omitted). A PCR court deciding whether to grant ...
docket: a3221-15
court: NJ Superior Court Appellate Division
decided: 2017-04-26
status: unpublished
citation:
Document Size: 18229
2692 STATE OF NEW JERSEY v. CONDELL WOODSON -- rank: 388
... degree armed robbery, N.J.S.A. 2C:15-1a(2); two counts of second-degree possession of a firearm for ... of his application. State v. Marshall , 148 N.J. 89 , 158 (1997) [, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997),] (citing State v. Preciose , 129 N.J ... N.J. Super. 46 , 51 (App. Div. 1999), certif. denied , 158 N.J. 72 (1999)). This court is satisfied that an ... on the merits. [ See ] Marshall, supra , [148 N.J. ] at 158. Furthermore, the facts necessary to an analysis of petitioner' ...
docket: a5823-08
court: superior court appellate division
decided: 2011-02-16
status: Unpublished
citation:
Document Size: 29594
2693 TOMU DEVELOPMENT COMPANY, INC v. BOROUGH OF CARLSTADT -- rank: 388
... Court of New Jersey, Law Division, Bergen County, Docket Nos. L-5894-03 and L-5895-03. Kipp & Allen, attorneys for appellants Borough of Carlstadt ... of exclusionary zoning that failed to address their Mount Laurel 2 affordable housing obligations. Because the land upon which Tomu proposed ... and 22 acres in East Rutherford (block 107.03, lots 2, 5, and 7 3 ). In Carlstadt only about 3.584 ... affordable housing obligations and develop appropriate affordable housing compliance plans; (2) imposing the punitive ruling of appointing a private person as ... J.S.A. 13:17-60 to -76. Meadowlands Reg'l Dev. Agency v. State , 112 N.J. Super. 89 , ...
docket: a5741-05
court: New Jersey Superior Court Appellate Division
decided: 2008-08-29
status: Published
citation:
Document Size: 42076
2694 BETTY POINER v. THE COUNTY OF MIDDLESEX, JOSEPH CANTELLA et al. -- rank: 388
... of New Jersey, Law Division, Middlesex County, Docket No. MID-L-006837-03. Theodore Campbell, attorney for appellant. Hoagland, Longo, Moran ... infliction of emotional distress. N.J.S.A. 2A:14-2. However, the continuing violation doctrine provides an exception to the ... run until the action ceases." Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999). See Shep he rd v ... to judgment as a matter of law. R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... the issue to the trier of fact." R. 4:46-2(c). Here, there are genuine issues of material fact as ... 1) whether an alleged act is unreasonably distant in time, (2) whether a plaintiff knew or should have known of ...
docket: A2651-05
court: NJ Superior Court Appellate Division
decided: 2007-06-07
status: unpublished
citation:
Document Size: 80866
2695 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.A.W., Sr. -- rank: 388
... THE GUARDIANSHIP OF D.M.W., S.A.W., J.L.W., A.L.W., and M.A.W., Jr., Minors. __________________________________ February 4, 2014 ... CURIAM These are consolidated appeals by K.M.J. (Kim) 2 , the mother of five children and M.A.W. (Martin ... and Martin are the biological parents of Jane, born November 2, 2006; Amy, born March 16, 2008; and Junior, born August ... 3 (Tom) are the biological parents of David, born February 2, 2000, and Susan, born December 4, 2000. Kim and Martin ... a psychologist, as its expert and Jennifer Rosencrantz, M.A., L.P.C., David's therapist. Both defendants testified. The ...
docket: a6301-11xx
court: NJ Superior Court Appellate Division
decided: 2014-02-04
status: unpublished
citation:
Document Size: 70070
2696 A-0STATE OF NEW JERSEY v. JOHN DOUGLAS, JR a/k/a DARRLY JONES, a/k/a JOHN DOUGLAS, a/k/a JOHN DOUGLASS February 26, 2014 -- rank: 388
... third-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count two); and fourth-degree aggravated assault, N.J ... New Jersey is permissible where (1) the stop is unexpected; (2) the police have probable cause to believe that the vehicle ... resisting arrest, pursuant to N.J.S.A. 2C:29-2, if he "purposely prevents or attempts to prevent a law ... public servant or another. [ N.J.S.A. 2C:29-2(a)(1).] To establish resisting arrest, "the State must prove ... resist the arrest. Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:29-2 (2013). Defendant argues that Detective Black failed to announce ...
docket: a2988-11
court: NJ Superior Court Appellate Division
decided: 2014-01-06
status: unpublished
citation:
Document Size: 49218
2697 /usr/local/share/www/libweb/collections/courts/appellate/a4231-12.opn.html -- rank: 388
... Appellant. _________________________________ IN THE MATTER OF THE GUARDIANSHIP OF V.R.L., a minor. _________________________________ March 26, 2014 Before Judges Lihotz and Hoffman ... Krakora, Public Defender, Law Guardian, attorney for minor V.R.L. (Nancy P. Fratz, Assistant Deputy Public Defender, on the brief ... PER CURIAM Defendant T.A., the mother of V.R.L., appeals from a judgment terminating her parental rights and granting ... and Permanency (Division) to secure six-year-old V.R.L.'s adoption. 1 T.A. challenges the sufficiency of the ... App. Div. l998), vacated on other grounds , 163 N.J. 158 (2000). The government "is not without constitutional control over parental ... U.S. 584 , 603, 99 S. Ct. 2493 , 2504, 61 L. Ed.2d 101 , 119 (1979) (citing Wisconsin v. Yoder , ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 19145
2698 STATE OF NEW JERSEY v. IBN WARREN -- rank: 388
... to violate narcotics law, N.J.S.A. 2C:5-2 (count one); two counts of third-degree possession of a ... Freddie Townes of the City of East Orange Police Department, 2 the police received a "tip" or complaint from citizens about ... of a public library. On January 17, 2006, at approximately 2:00 p.m., Officer Townes conducted a narcotics surveillance in ... testify include '(1) the absence of any design to mislead, (2) the absence of the element of surprise if the evidence ... denied , 489 U.S. 1022, 109 S. Ct. 1146, 103 L. Ed. 2d 205 (1989) (indicating that although "the State could ...
docket: a4557-09
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 45857
2699 STATE OF NEW JERSEY v. T.E. -- rank: 388
... Early Release Act, N.J.S.A. 2C:43-7.2 ( NERA ) . The sentence aggregate was based on four consecutive sentences ... of aggravated sexual assault , N.J.S.A. 2C:14-2(a)(1), (2) . Defendant argues that N.J.R.E. 404(b) evidence ... R. and then he took her clothes off and "enter[ed]" her. In the summer of 2001, before K.R. entered ... of sexual abuse involving defendant. The interview ended at approximately 2:20 a.m., at which time Detective Anderson obtained consent ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close ...
docket: a3602-06
court: superior court appellate division
decided: 2010-07-08
status: unpublished
citation:
Document Size: 89803
2700 KEN M. MCKOY v. JOHN THOMAS CAPO, M.D. -- rank: 388
... Court of New Jersey, Law Division, Hudson County, Docket No. L-3414-19. Farkas & Donohue, LLC, attorneys for appellants Juan Velazquez ... motions to file late notice of claim. A-0827-20 2 Hospital, Rutgers, and the State of New Jersey; (2) a December 4, 2020 order granting plaintiff's motion for ... amputations—which led to the loss of his right leg. 2 Plaintiff's malpractice claim is based on the five- hour period between 2:00 p.m. and 7:00 p.m., during which ... one reference in the incomplete chart to a vascular surgery 2 Plaintiff underwent amputation surgeries on October 14 and October ...
docket: a0827-20
court: NJ Superior Court Appellate Division
decided: 2022-02-24
status: Unpublished
citation:
Document Size: 34294
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