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2986 STATE OF NEW JERSEY VS. JAMES D. PENNINGTON -- rank: 370

... to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... 1992). Pennington's first argument relates to Rule 3:22-2(c), imposition of an illegal sentence. He argues that the ... the court determines at the time of sentence, except that: . . . . (2) Not more than one sentence for an extended term shall ... improper, citing N.J.S.A. 2C:44-5(a)(2). We rejected that argument and held that N.J.S.A. 2C:44-5(a)(2) "has no application . . . where extended terms are imposed by ...

docket:	A2637-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	published
citation:	418 N.J. Super. 548 14 A.3d 790
Document Size:	34305

2987 WELLS H. KEDDIE, ET AL V. RUTGERS, THE STATE UNIVERSITY -- rank: 370

... the state university law." N.J.S.A. 18A:65-2 . There are three major campuses of Rutgers, located in Camden ... areas: ��������1.����Bills for legal services (or "attorneys' fees statements); ��������2.����IRS forms 1099 issued to law firms (these have not ... by Rutgers, pursuant to N.J.S.A. 47:1A-2, and the common law. Rutgers filed an answer on February 2, 1993, denying that it was subject to the Right-to ... Act") N.J.S.A. 47:1A-1, et seq .; ��������(2) that none of the documents to which plaintiffs seek access ... plaintiffs challenge the trial court's rulings numbered above as 2, 3, and 5, and Rutgers challenges rulings numbered 1 ...

docket:	a4858-93
court:	njappellate
decided:	1996-01-04
status:	published
citation:	286 N.J.Super. 285
Document Size:	32375

2988 STATE OF NEW JERSEY v. JONATHAN F. RAMOS-PIEDRAHITA -- rank: 370

... attorney; Ms. Herrera, of counsel and on the brief). Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... respondent (Grace H. Park, Acting Union County Prosecutor, attorney; Meredith L. Balo, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals his conviction and sentence, presenting the following arguments ... drove to Morris Avenue, where they encountered defendant shortly after 2:00 a.m. Officer Cruz stated defendant was "sweating a ... show-up" identification procedures. Alvarez and Castano-Garcia identified defendant. 2 After the show-ups, defendant was arrested. He told the ... the DNA matched Hurtado's DNA sample. 3 At around 2 :50 a.m. that morning, Hurtado arrived at University ...

docket:	a5384-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	53373

2989 FABIAN FAZZARI v. BOARD OF TRUSTEES, THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 370

... must establish: 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is ... on the DSM criteria, rather than the criteria of Patterson . 2 The Board determined that the OAL record supported its previous ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... and "judge the witnesses' credibility." See Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 587-88 (1988). An ...

docket:	a0351-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	89551

2990 EAST PENN SANITATION, INS. VS GRINNELL HAULERS, INC., ET AL -- rank: 370

... case can also be found at 294 N.J. Super. 158. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION ... amended complaint which added Cofrancesco as a defendant. See footnote 2 ����In this amended complaint, plaintiff alleged that the SCMUA had ... denied , 506 U.S. 871 , 113 S. Ct. 203 , 121 L. Ed.2d 145 (1992)). Moreover, this obligation does not require a ... also 3 Williston on Contracts , �411 at 18-19 (3d ed. 1960) ("The duties under a contract are not assignable inter ... jurisdiction to review the administrative action of the DEP. R. 2:2-3(a)(2); see Kohlbrenner Recycling Enterprises v. ...

docket:	a5726-93
court:	njappellate
decided:	1996-09-26
status:	published
citation:	294 N.J.Super. 158
Document Size:	54980

2991 STATE OF NEW JERSEY v. MATTHEW J. BREWER -- rank: 370

... of second-degree eluding, N.J.S.A. 2C:29-2(b), and five-year custodial sentence for that offense. The ... denied , 503 U.S. 939, 112 S. Ct. 1483, 117 L. Ed. 2d 625 (1992); see also R. 1:8-9. "[T ... the defendant's guilt was proven by the same theory; (2) the underlying facts are very complex; (3) the allegations of ... 2012), cert. denied , ___ U.S. ___ 133 S. Ct. 877, 184 L. Ed. 2d 687 (2013) (citing Parker , supra , 124 N.J. ...

docket:	a3745-13
court:	NJ Superior Court Appellate Division
decided:	2016-12-14
status:	unpublished
citation:
Document Size:	47429

2992 STATE OF NEW JERSEY v. ALONZO PRICE -- rank: 370

... appellant (Alan I. Smith, Designated Counsel, on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (J. Vincent ... of second-degree burglary, N.J.S.A. 2C:18-2 (counts three and four); one count of third-degree burglary, N.J.S.A. 2C:18-2 (count five); two counts of first-degree robbery, N.J ... defendant to show (1) counsel's performance was deficient; and (2) but for counsel's deficient performance, the outcome of the ... 668 , 687-88, 104 S. Ct. 2052 , 2064-65, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N. ...

docket:	a0232-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-08
status:	unpublished
citation:
Document Size:	26729

2993 /usr/local/share/www/libweb/collections/courts/appellate/a3943-16.opn.html -- rank: 370

... 0026. Joseph E. Krakora, Public Defender, attorney for appellant (Rebecca L. Gindi, Assistant Deputy Public Defender, of counsel and on the ... burglary, in violation of N.J.S.A. 2C:18-2(a)(1) (count three), in connection with a home invasion ... three months prior to defendant's trial. A-3943-16T1 2 SYMPATHY, AND BECAUSE THE TRIAL WAS RIFE WITH IMPROPER APPEALS ... both, were 'clearly capable of producing an unjust result . . . .' R. 2:10-2. Turning first to the judge's instruction, we perceive defendant ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48131

2994 STATE OF NEW JERSEY v. JOSEPH FORMAN a/k/a JOSEPH FOREMAN -- rank: 370

... a JOSEPH FOREMAN, Defendant-Appellant. ______________________________ July 26, 2010 Submitted March 2, 2010 - Decided Before Judges Gilroy and Simonelli. On appeal from ... N.J.S.A. 2C:11-3a(1) and/or (2) (count one); felony murder, N.J.S.A. 2C:11 ... another, N.J.S.A. 2C:39-4a (count six). 2 In March 1995, a jury acquitted defendant of purposeful or ... not be granted." State v. Marshall , 148 N.J. 89 , 158 (internal citations omitted), cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Claims of ineffective assistance of counsel ...

docket:	a3800-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	29700

2995 State of New Jersey v. Kelvin L. McLean -- rank: 370

... not have been summarized). State of New Jersey v. Kelvin L. McLean a/k/a Kevin McLean (A-98-09) Argued ... the decision about guilt is theirs alone. (Pp. 11-21) 2. Lay opinion testimony can only be admitted if it falls ... Term 2009 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KELVIN L. MCLEAN a/k/a KEVIN MCLEAN, Defendant-Appellant. Argued November ... occurred.” The panel noted that Altmann merely “report[ed] his perceptions of defendant’s conduct while he was being ... of scientific test), cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008); Romano v. Kimmelman , 96 N. ...

docket:	a-98-09
court:	superior court trial
decided:	2011-03-31
status:
citation:	205 N.J. 438 16 A.3d 332
Document Size:	96118

2996 State v.Justin Bealor -- rank: 370

... and not alcohol, or whether additional expert opinion is required. 2 On July 11 , 2002, defendant Justin Bealor was driving in ... opinion, or whether additional proofs are required. (Pp. 13-14) 2. N.J.R.E. 701 sets forth the prerequisites for ... the pipe, defendant was arrested and advised of his Miranda 2 rights. He was then transported to the State Police Barracks ... intoxication. Searles v. Pub. Serv. Ry. Co. , 100 N.J.L. 222 , 223 (Sup. Ct. 1924). Founded on that premise, lay ... was in a drug-induced state that “so affect[ed his] judgment or control . . . as to make it improper for ... under the effect of a drug that “so alter[ed] his . . . normal physical coordination and mental faculties as to ...

docket:	a-31-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	81273

2997 ANIMAL PROTECTION LEAGUE OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 370

... 10 (App. Div. December 3, 2010) (slip op. at 6). 2 On April 19, 2010, respondents published the proposed CBBMP in ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... supported by adequate, substantial and credible evidence." In re Taylor , 158 N.J. 644 , 656 (1999) (quoting Rova Farms Resort, Inc ... N.J. 579 , 587 (2001) (citing Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988)). See also In ... departments and faxed by those departments to the Division; and (2) including in their 2009 figures complaints from previously unused sources ... double-counting may have occurred in only 24 out of 2,844 recorded incidents (or .83%) in 2008, and only ...

docket:	a1603-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 549 34 A.3d 784
Document Size:	81728

2998 STATE OF NEW JERSEY v. WAYMON BROWN -- rank: 370

... for certification was denied by the Supreme Court on February 2, 1999, 158 N.J. 71 . On direct appeal we considered and rejected ... denied , 475 U.S. 1014 , 106 S. Ct. 1193 , 89 L. Ed.2d 308 (1986). Defendant, thereafter, filed a motion for PCR ... on which defendant's extended term was based. On February 2, 2006, defendant filed a pro se petition for PCR and ... denied by the PCR court pursuant to Rule 1:16-2, without oral argument, by order dated February 2, 2006. ...

docket:	a5330-05
court:	njappellate
decided:	2007-06-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27844

2999 STATE OF NEW JERSEY v. RICHARD JONES, JR -- rank: 370

... 2008), cert. denied , 555 U.S. 825, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008); see R. 7:6-2(c) (authorizing guilty pleas reserving "the right to appeal [an ... challenges the Law Division's determinations, which we now affirm. 2 Defendant presents these issues for our consideration: i. the court ... guilty plea, have insufficient merit to warrant extended comment. R. 2:11-3(e)(2). "Generally, a defendant who pleads ...

docket:	a4002-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	37440

3000 XAVIER BASKERVILLE v. SOCIETY HILL AT DROYERS POINT CONDOMINIUM ASSOCIATION, NATHAN MINNICK, GEORGE PETERS, SUBRAT NAYAK, MATTHEW CRIBBS, and IRWIN BOUTBOUL - -- rank: 370

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1396-07. Charles H. Landesman argued the cause for appellant ... had the right 1) to remove items from the website 2) to tell the website to remove a message from the ... Board and emailed it to Minnick, Peters, and Nayak at 2:29 p.m. on that day. The following day, Baskerville ... Rights Act, N.J.S.A. 10:6-1 to -2, or pursuant to both. It is uncertain whether the theoretical ... 2008, but not filed until December 24, 2008. On February 2, 2009, Baskerville filled a notice of appeal. II. A. Because ... or order as a matter of law." R. 4:46-2(c). A reviewing court must determine whether the competent ...

docket:	a2732-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	unpublished
citation:
Document Size:	85101