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286 State v. Timothy Adkins -- rank: 634

... 13) (073803) Argued December 3, 2014 -- Decided May 4, 2015 L a Vecchia , J., writing for a unanimous Court. In this ... Missouri v. McNeely , ___ U.S. ___, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), to a case involving a blood draw ... arrested on suspicion of Driving While Intoxicated (DWI) at approximately 2:27 a.m. Defendant was transported to the West Deptford ... a reasonable manner. Id. at 770-71. (pp. 13-14) 2. Following Schmerber , courts were not in agreement on whether the ... and Nussey , attorneys; Mr. Klineburger , Carolyn G. Labin , and Rebecca L. Kolsky , on the briefs). Ronald Susswein , Assistant Attorney General, ...

docket:	A-91-13
court:	NJ Supreme Court
decided:	2015-05-04
status:
citation:	221 N.J. 300 113 A.3d 734
Document Size:	90835

287 SODEXHO OPERATIONS, LLC, a Delaware Limited Liability Company, successor by merger to SODEXHO USA, INC., a Massachusetts corporation, Plaintiff v. DIRECTOR, DIVISION OF TAXATION -- rank: 634

... Sodexho act as an agent for each of the Hospitals; 2. if Sodexho acted as an agent, is it entitled to ... Environmental Services to ensure proper supervision of the operation. [Sodexho] 2 shall provide competent and qualified personnel . . . [consisting of a Director ... by the purchaser.” N.J.S.A. 54:32B-2(e)(1) Sales of materials and supplies for use in ... others” are retail sales. N.J.S.A. 54:32B-2(e)(2). However, under N.J.S.A. 54:32B-8.22 ... his control, and consent by the other so to act. (2) The one for whom action is to be taken ...

docket:	01793-01
court:
decided:	2003-08-13
status:
citation:	21 N.J. Tax 24
Document Size:	151438

288 ANTONIA VERNI, et al. v. HARRY M. STEVENS, INC., et al. -- rank: 632

... Superior Court of New Jersey, Law Division, Bergen County, BER-L-10488-00. Steven A. Cozen argued the cause for appellants ... and Aramark Sports and Entertainment Group (Lowenstein Sandler, attorneys; Michael L. Rodburg, Mr. Field, and Priya Rebecca Masilamani, on the brief ... operating a concession stand in the upper tier. Lanzaro "guzzl[ed]" the beer, drinking approximately one beer every ten minutes, and ... end of the first quarter. ����Just before halftime, at approximately 2:30 p.m., Lanzaro left his seat and walked down ... using rapid hand movements while talking, "his eyes were drunk . . . [l]ike floating eyeballs," and he "cupped" his cigarette. Lisa said ... Dr. Richard Saferstein, plaintiffs' expert toxicologist, testified that at approximately 2:30 p.m. on October 24, 1999, Lanzaro was ...

docket:	A3966-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-03
status:	published
citation:
Document Size:	113002

289 STATE OF NEW JERSEY v. -- rank: 632

... for respondent (Wayne J. ��������Forrest, Somerset County Prosecutor, attorney; ��������James L. McConnell,����Assistant Prosecutor, of ��������counsel and on the brief). ����The ... for the custodian of evidence. ����Detective Michael Guilbert See footnote 2 is the custodian of evidence for the Manville Police Department ... information to the New Jersey State Police Laboratory. At approximately 2:00 p.m. on December 4, 2005, Detective Guilbert removed ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed. 2 d 177 (2004), the United States Supreme Court ...

docket:	a4283-04
court:	njappellate
decided:	2006-06-07
status:	published
citation:	*CITE_PENDING*
Document Size:	45354

290 Estate of Stanley Kosakowski V. Director, Division of Taxation -- rank: 632

... 22 N.J. Tax at 59-60; See 107 P.L. 16, 115 Stat. 38 (2001). EGTRR, which became effective January ... Committee, Statement to Assembly Committee Substitute for A. 2302 , at 2-3 (June 10, 2002); Senate Budget and Appropriations Committee, Statement to Senate Committee Substitute for S. 1378 , at 2-3 (June 27, 2002)). In addition, if New Jersey law ... unlike the Estate, which would have owed $328,636.63 2 regardless of the Statute’s retroactive application. See Oberhand , supra ... n , 488 U.S. 336 , 109 S. Ct. 633 , 102 L. Ed.2d 688 (1989). The Estate additionally contends that it ...

docket:	04620-05
court:
decided:	2011-04-11
status:
citation:
Document Size:	70553

291 State of New Jersey v. Kenneth Guenther -- rank: 632

... was unworthy of belief). N.J.R.E. 404(a)(2) provides for the broader use of character evidence against a ... a collateral matter. See State v. Polhemus , 65 N.J.L. 387 , 388 (1900) (stating that law supposes that impeached witness ... character of a witness. State v. Hendrick , 70 N.J.L. 41 , 45 (1903). Although earlier cases decided under the codified ... 1 In State v. Mondrosch , 108 N.J. Super. 1 , 2-5 (App. Div. 1969), certif. denied , 55 N.J. 600 ... U.S. 284 , 294, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973)), cert. denied , 124 S. Ct. ...

docket:	a-102-02
court:
decided:	2004-08-09
status:
citation:	181 N.J. 129 854 A.2d 308
Document Size:	155229

292 W.J.A. v. D.A. -- rank: 632

... defaulted. Adams sought to vacate default, which motion was granted. 2 In December 2008 , Anderson moved for summary judgment. In January ... actual, which may be either (a) general or (b) special; (2) punitive or exemplary; and (3) nominal.” Prosser and Keeton on Torts § 116A at 842 (5 th ed. 1984). Actual damages, as the name implies, refers to the ... may be awarded in a defamation case. (pp. 9-13) 2. In New York Times v. Sullivan , 376 U.S. 254 ... no injury, tort law should not provide a remedy; and (2) that there is no uniform way for a jury to ... 2010). Timothy J. Hinlicky argued the cause for appellant. Stanley L. Bergman, Jr. , argued the cause for respondent. Thomas J. ...

docket:	A-77-10
court:	NJ Supreme Court
decided:	2012-05-16
status:
citation:	210 N.J. 229 43 A.3d 1148
Document Size:	89621

293 EAGLE ROCK CONVALESCENT CENTER, v. TOWNSHIP OF WEST CALDWELL -- rank: 632

... January 6, 2021 Daniel J. Pollak for plaintiff (Brach Eichler L.L.C.). Levi Kool* for defendant (O’Donnell McCord, P.C ... property tax assessments on property designated as Block 1200, Lot 2 on the West Caldwell tax map, otherwise known as 165 ... of the Medicaid reimbursement rate will result yearly in a 2% decrease to the Medicaid rate. As a result, Taxpayer concludes ... in a town-wide revaluation in 2011, thereby, one expert 2 provided an opinion of value for tax years 2011 and ... appraisal report accepted into evidence by the court without objection. 2 For the reasons explained below, the court finds that ...

docket:	006780-08
court:	NJ Tax Court
decided:	2021-01-06
status:	Published
citation:
Document Size:	126778

294 WENDE BAER, et al. v. LEO KLAGHOLZ, Commissioner, Department of Education, et al. -- rank: 629

... Klein and James T. Kim, on the joint brief). ��������Michelle L. Miller, Deputy Attorney General, argued ��������the cause for respondents (John ... N.J.R. 3783 (a) (Sept. 19, 1994). On November 2, 1994, the Governor issued Executive Order No. 27, which required ... Board adopted the amendments and they became effective on November 2, 1998. 30 N.J.R. 3491 (a) (Nov. 2, 1998). On December 16, 1998, appellants filed an amended notice ... Adoption of Amendments to N.J.A.C. 6:28-2.10 , 305 N.J. Super. 389 (App. Div. 1997), we ... J.A.C. [now 6A:14-1.1 to -10.2]." Lascari , supra , 116 N.J. at 34. The New ...

docket:	a6273-99
court:	njappellate
decided:	2001-04-04
status:	published
citation:	*CITE_PENDING*
Document Size:	129132

295 WENDE BAER, et al. v. LEO KLAGHOLZ, Commissioner, Department of Education, et al. -- rank: 629

... Klein and James T. Kim, on the joint brief). ��������Michelle L. Miller, Deputy Attorney General, argued ��������the cause for respondents (John ... N.J.R. 3783 (a) (Sept. 19, 1994). On November 2, 1994, the Governor issued Executive Order No. 27, which required ... Board adopted the amendments and they became effective on November 2, 1998. 30 N.J.R. 3491 (a) (Nov. 2, 1998). On December 16, 1998, appellants filed an amended notice ... Adoption of Amendments to N.J.A.C. 6:28-2.10 , 305 N.J. Super. 389 (App. Div. 1997), we ... J.A.C. [now 6A:14-1.1 to -10.2]." Lascari , supra , 116 N.J. at 34. The New ...

docket:	a7451-97
court:	njappellate
decided:	2001-04-04
status:	published
citation:	339 N.J. Super. 168
Document Size:	129143

296 STATE OF NEW JERSEY v. EUGENE BASIL -- rank: 629

... not free to leave." [ State v. Tucker , 136 N.J. 158 , 164 (1994) (quoting United States v. Mendenhall , 446 U.S. 544 , 553-54, 100 S. Ct. 1870 , 1877, 64 L. Ed.2d 497 , 509 (1980)).] The constitutional restrictions guiding police encounters ... denied , 464 U.S. 1008 , 104 S. Ct. 526 , 78 L. Ed.2d 709 (1983). For Fourth Amendment purposes, defendant's detention ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968), the line is crossed when ...

docket:	a0350-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-04
status:	unpublished
citation:
Document Size:	84020

297 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 629

... procedural history from the record on appeal. A. On January 2, 2009, Officer Michael Joy of the Mount Laurel Police Department ... bullets, and two large capacity ammunition magazines in the trunk. 2 Because Brian did not have a permit to carry the ... federal and state statutory exemptions applicable to the weapons charges, (2) the weapons statutes referred to in the indictment violated the ... Heller , 554 U.S. 570 , 128 S. Ct. 2783 , 171 L. Ed.2d 637 (2008), and (3) the statute prohibiting possession of ... Brian made four "separate moves": (1) Colorado to Mount Laurel; (2) Mount Laurel to Hoboken; (3) Hoboken to Mount Laurel; ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

298 IN THE MATTER OF THE ADOPTION OF A CHILD BY J.E.V. and D.G.V -- rank: 629

... 0115-14. Alex Miriam Miller argued the cause for appellant L.A. (Donahue Hagan Klein & Weisberg, LLC, attorneys; Francis W. Donahue ... After a two-day trial at which she represented herself, L.A. appeals from the March 4, 2014 order terminating her ... a private adoption.1 We reverse and remand, holding that L.A. had a constitutional and statutory right to court-appointed ... first determined to proceed with an adoption over her objection.2 The Children's Home Society of New Jersey (CHS) knew from its first interaction with L.A. that she was indigent, yet at no time was L.A. provided legal counsel. Nor did the court inform ...

docket:	a3238-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-23
status:	published
citation:	442 N.J.Super. 472 124 A.3d 708
Document Size:	45815

299 STATE OF NEW JERSEY v. J.M., JR -- rank: 629

... Law Division, Gloucester County, Indictment No. 13-01-0072. Jennifer L. Gottschalk argued the cause for appellant (Law Offices of Richard ... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and one count of fourth-degree criminal sexual ... II Cofield requires that the proponent of other crimes evidence 2 demonstrate: 1. The evidence of the other crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... is not probative of defendant's alleged (1) "motive," or (2) "intent," suggestive of (3) a "plan" to commit the offense ... Slough & J.W. Knightly, Other Vices, Other Crimes , 41 Iowa L. Rev. 325, 328 (1956) (stating that "motive supplies the ...

docket:	a2562-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-21
status:	published
citation:	438 N.J.Super. 215 102 A.3d 1233
Document Size:	74856

300 ANTONIA VERNI, et al. v. HARRY M. STEVENS, INC., et al. v. -- rank: 626

... Superior Court of New Jersey, Law Division, Bergen County, BER-L-10488-00. Steven A. Cozen argued the cause for appellants ... and Aramark Sports and Entertainment Group (Lowenstein Sandler, attorneys; Michael L. Rodburg, Mr. Field, and Priya Rebecca Masilamani, on the brief ... operating a concession stand in the upper tier. Lanzaro "guzzl[ed]" the beer, drinking approximately one beer every ten minutes, and ... end of the first quarter. Just before halftime, at approximately 2:30 p.m., Lanzaro left his seat and walked down ... using rapid hand movements while talking, "his eyes were drunk . . . [l]ike floating eyeballs," and he "cupped" his cigarette. Lisa said ... Dr. Richard Saferstein, plaintiffs' expert toxicologist, testified that at approximately 2:30 p.m. on October 24, 1999, Lanzaro was ...

docket:	A3951-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-03
status:	published
citation:
Document Size:	152576