Search Rutgers Law Library N.J. Court Opinions

2731 STATE OF NEW JERSEY v. SHAMSID KNIGHT -- rank: 386

... the question, if you want, to a conclusion. . . . . DEFENSE COUNSEL: [L]et me ask you this. Mr. Knight had originally been ... denied , 361 U.S. 879 , 80 S. Ct. 166 , 4 L. Ed.2d 117 (1959). We must examine the complained-of conduct ... v. Daniels , 182 N.J. 80 , 95 (2004) (quoting R. 2:10-2). Reversal of defendant's conviction is required only if there ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	A2933-02
court:	NJ Superior Court Appellate Division
decided:	2004-05-28
status:	published
citation:	369 N.J. Super. 424 849 A.2d 209
Document Size:	116789

2732 State v. Oscar Porter -- rank: 386

... specific facts and evidence supporting his allegations. (pp. 9-14) 2. In this case, it is evidently clear that an evidentiary ... N.J. Super. 46 , 51 (App. Div. 1998), certif. denied , 158 N.J. 72 (1999). Here, defendant Oscar Porter appeals from ... conspiracy to commit robbery, N.J.S.A. 2C:5-2, -4; and second-degree aggravated assault, N.J.S.A ... S. 668 , 685-86, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984); State v. Fritz , 105 N.J ... U.S. at 691, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695); see also State v. Russo , ...

docket:	A-91-11
court:	NJ Supreme Court
decided:	2013-12-19
status:
citation:	216 N.J. 343 80 A.3d 732
Document Size:	60535

2733 STATE OF NEW JERSEY v. VICTOR PENZO -- rank: 386

... J. De Fazio, Hudson County Prosecutor, attorney for respondent (Lenka L. Richards, Assistant Prosecutor, on the brief). Appellant filed a pro ... trial because of certain comments by the prosecutor in summation; (2) the verdict was against the weight of the evidence; and ... Early Release Act, N.J.S.A. 2C:43-7.2. We first address defendant's claim, which he has amplified ... a plain error standard of review. See R. 1:7-2 and R. 2:10-2; see also State v. Macon , 57 N.J. 325 , ...

docket:	a4616-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-08
status:	unpublished
citation:
Document Size:	20944

2734 STATE OF NEW JERSEY v. JOSE C. GAUTIER-RODRIGUEZ -- rank: 386

... and his girlfriend, Stephanie Kahe, in the front passenger seat. 2 Defendant told the detective he did not have his license ... S. 806 , 809-10, 116 S. Ct. 1769 , 1772, 135 L. Ed.2d 89 , 95 (1996); State v. Dickey , 152 N.J ... U.S. 1 , 20, 88 S. Ct. 1868 , 1879, 20 L. Ed.2d 889 , 905 (1968)). "[A]n investigative stop becomes a ... denied , 474 U.S. 837 , 106 S. Ct. 113 , 88 L. Ed.2d 92 (1985)). The relevant factors for this ...

docket:	a5233-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-11
status:	unpublished
citation:
Document Size:	39708

2735 EAST ORANGE BOARD OF EDUCATION v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION -- rank: 386

... Court of New Jersey, Law Division, Mercer County, Docket No. L-808-06. Stephen J. Edelstein argued the cause for appellant ... to as Abbott districts. N.J.S.A. 18A:7G-2. See Abbott v. Burke , 153 N.J. 480 , 523-525 ... s decisions, which were final agency actions appealable under Rule 2:2-3(a)(2), the Board commenced an action in lieu of prerogative writs ... 1) the Commissioner's approval of its initial LRFP and (2) the SCC's approval of certain actions taken in ...

docket:	a6597-05
court:	njappellate
decided:	2009-02-03
status:	published
citation:	405 N.J. Super. 132
Document Size:	52894

2736 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.D. -- rank: 386

... child. This appeal involves C.D.'s five oldest children. 2 These children have been in foster care for several years ... best interests of the children by clear and convincing evidence; (2) the trial court's denial of her motion to vacate ... deference.'" N.J. Div. of Youth & Family Servs. v. R.L. , 388 N.J. Super. 81, 89 (App. Div. 2006), (quoting ... 645 , 651-52, 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). However, "[t]hat fundamental ...

docket:	a1592-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-19
status:	unpublished
citation:
Document Size:	55666

2737 BOROUGH OF SEASIDE PARK v. JESSE SADEJ -- rank: 386

... C-128-02, and Law Division, Ocean County, Docket No. L-2412-04. Anthony X. Arturi, Jr. argued the cause for ... was insufficient to allow those claims to survive summary judgment; (2) the trial court erred in determining that their fraud claims ... prevented from doing so by the Borough attorney. On May 2, 2002, Borough administrator Joseph J. Delaney, Jr., met with Sadej ... entered an order accordingly on September 28, 2005. On April 2, 2007, the Sadejs moved for summary judgment to estop the ... judge reasoned that because Sadej met with Delaney on May 2, 2002 and was shown the allegedly false building plans, and ... and gratuitous injury upon the SLAPP defendants" and "unduly burden[ed] the courts with duplicative litigation." LoBiondo , supra , 323 N. ...

docket:	a6596-06
court:	superior court appellate division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	114543

2738 STATE OF NEW JERSEY v. RASHIDA SMITH -- rank: 386

... manslaughter, 542 U.S. 296, 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004). The judge concluded defendant's argument regarding ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... merit to warrant any further discussion in this opinion. R. 2:11-3(e)(2). We add only these brief comments. Defendant argues for ...

docket:	a5048-04
court:	njappellate
decided:	2008-01-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38025

2739 DIVISION OF YOUTH AND FAMILY SERVICES v. N.B IN THE MATTER OF THE GUARDIANSHIP OF T.S.C.G -- rank: 386

... became known to the Division of Youth and Family Services 2 ("Division") as a minor between 1990 and 2003, as she ... and to enroll in school. Tanya was born on August 2, 2007, after which she and Natalie lived with various relatives ... Natalie based on her failure to: (1) appear in court; (2) attend every scheduled visitation with Tanya except one between July ... the current caregivers, the Division would still have proven factor 2 by clear and convincing evidence. The fact that [Tanya] has ... done so while in the [M. family] since arriving there [] 2 1/2 years ago, and that [Tanya] is 3 years old ...

docket:	a0232-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	80877

2740 STATE OF NEW JERSEY v. EDWARD J. MIERZWA -- rank: 386

... 09-097. Peckar & Abramson, P.C., attorneys for appellant (Richard L. Abramson, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior ... at a Garfield Municipal Court case management conference on July 2, 2009, defendant was questioned about his financial ability to pay ... a result, the court found that the "family income" "exceed[ed] the threshold for qualifying for a [municipal] public defender." See ... occurred on August 27, September 3, and September 10, 2009. 2 Defendant was found guilty of eight charges: five charges of ... had already been granted indigency status on several occasions." The "'[l]aw of the case' [doctrine] most commonly applies to ...

docket:	a3455-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-03
status:	published
citation:	420 N.J. Super. 207 20 A.3d 437
Document Size:	26849

2741 STATE OF NEW JERSEY v. RICKY W. SESSOMS -- rank: 386

... Memorandum of Decision on September 11, 2009, denying the motion. 2 Subsequently, through counsel, defendant negotiated a plea agreement, by which ... should have been afforded an evidentiary hearing. Rule 3:22-2 lists the cognizable grounds for PCR, including the "[s]ubstantial ... U.S. 668 , 686, 104 S. Ct. 2052 , 2063, 90 L. Ed.2d 674 , 692 (1984); State v. Fritz , 105 N.J ... 52 , 58-59, 106 S. Ct. 366 , 370-71, 88 L. Ed.2d 203 , 209-11 (1985). Evidentiary hearings may be ...

docket:	a0957-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	26966

2742 STATE OF NEW JERSEY v. DANIEL M. PAGE -- rank: 386

... yielded a blood alcohol concentration (BAC) of .15 percent at 2:52 a.m. and 2:55 a.m. On October 19, 2015, a trial occurred ... MR. PAGE WAS OBSERVED FOR [TWENTY] MINUTES PRIOR TO THE 2:50 A.M. BREATH TEST; BECAUSE THE EVIDENCE WAS NECESSARILY ... on the record pursuant to Rule 3:23-8(a)(2), we do not independently assess the evidence. State v. Locurto ... v. New Jersey , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The State must show "(1) ...

docket:	a4518-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-05
status:	unpublished
citation:
Document Size:	36523

2743 Kasper v. Board of Trustees of the Teachers' Pension and Annuity Fund -- rank: 386

... benefit, the applicant must (1) be permanently and totally disabled (2) as a direct result (3) of a traumatic event (4 ... 1980). Those amended statutes included the TPAF Law. See footnote 2 2 The amendments provided that, in order to receive accidental disability ... by the stress or strain of the normal work effort; (2) that he met involuntarily with the object or matter that ... N.J. 200 , 217 (2000); Higgins v. Pascack Valley Hosp. , 158 N.J. 404 , 418-19 (1999); Lesniak v. Budzash , 133 ... denied , 513 U.S. 970 , 115 S. Ct 440 , 130 L. Ed 2 d 351 (1994); Kimmelman v. Henkels & McCoy ...

docket:	a-33-99
court:	njsupreme
decided:	2000-07-18
status:
citation:	164 N.J. 564
Document Size:	52143

2744 MICHAEL G. BRADY v. MIGUEL A. PULGAR -- rank: 386

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1855-05. Nancy McDonald argued the cause for appellants/cross ... on the brief; Diana M. Hendry, on the brief). William L. Gold argued the cause for respondents/cross-appellants (Bendit Weinstock ... for future medical expenses); it also awarded plaintiff's wife $2,500,000 on her per quod claim. In addition, the ... and in favor of his wife in the amount of $2,000,000, together with $155,000 pre-judgment interest. Defendants ... scooter. Plaintiff certified that, "[o]n most days [he] need[ed] the aid of a wheelchair and/or scooter in order ... accident were plaintiff and Pulgar. Plaintiff testified that on March 2, 2004, at approximately 10:15 a.m., he walked ...

docket:	a4858-06
court:	superior court appellate division
decided:	2009-08-27
status:	unpublished
citation:
Document Size:	191014

2745 STATE OF NEW JERSEY v. KEVIN RICHARDS -- rank: 386

... for appellant (Michael Confusione, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior ... opinion on direct appeal. A-0869-00 at slip op. 2-6. We summarize the evidence to provide a context to ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 693 (1984) The Supreme Court has adopted this ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Moreover, "[j]udicial scrutiny of counsel' ...

docket:	a5383-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-23
status:	unpublished
citation:
Document Size:	13982