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3001 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 370

... essentially undisputed. Defendant is the mother of K.S. ("Karen"), 2 the child victim in this case, and of D.F ... her friend, S.H., and told S.H.'s mother, L.O., that her stepfather had raped her that previous Saturday. L.O. then called defendant and requested her to come to L.O.'s house. When defendant arrived, Karen told defendant what ... her daughter. Defendant instructed Karen not to go home from L.O.'s house without her. Defendant and Karen then went ... house and stay instead with her. S.H.'s mother L.O. picked Karen up from her house around midnight. ...

docket:	a6190-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49729

3002 Matthew Tuck v. Township of West Caldwell -- rank: 370

... with flagstone tiled floor), dinette, kitchen, laundry room, half bathroom (2-fixture) and foyer. Portions of the living room have stucco ... damage to a portion of the basement near the utilities. 2 Plaintiff credibly testified that the sump pump overflows with water ... to a presumption of validity.” MSGW Real Estate Fund, L.L.C. v. Borough of Mountain Lakes , 18 N.J. Tax ... the County Board’s judgment pursuant to R. 4:37-2, at the end of plaintiff’s case. It argued that ... was erroneous. 3 In deciding motions under R. 4:37-2, t he court must accept as true all proofs ...

docket:	012017-11
court:
decided:	2012-08-10
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Document Size:	69072

3003 IN THE MATTER OF THE TENURE HEARING OF EDITH CRAFT SCHOOL DISTRICT OF THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY -- rank: 370

... On appeal from the Commissioner of Education, Docket No. 24-2/11. Wills, O'Neill & Mellk, attorneys for appellant Edith Craft ... his face with an open hand on November 1, 2010. 2 N.J.S.A. 18A:6-10 and 6-11 ... the witnesses to judge of their credibility." In re Taylor , 158 N.J. 644 , 656 (1999) (quoting Close v. Kordulak Bros ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... denied , 371 U.S. 956 , 83 S. Ct. 508 , 9 L. Ed 2 d (1963)), tenured employees must act in a ...

docket:	a0415-11
court:	NJ Superior Court Appellate Division
decided:	2012-07-05
status:	unpublished
citation:
Document Size:	26072

3004 STATE OF NEW JERSEY v. OMAR N. DAVIS -- rank: 370

... both defendant and the victim in the bar at approximately 2:30 a.m. on the morning of the murder conversing ... neither was "clearly capable of producing an unjust result." R. 2:10-2. Prosecutors have considerable leeway in their opening and closing statements ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001); State v. Frost , 158 N.J. 76 , 82 (1999). Moreover, the prosecutor can ...

docket:	A0058-03
court:	NJ Superior Court Appellate Division
decided:	2006-04-19
status:	unpublished
citation:
Document Size:	49120

3005 /usr/local/share/www/libweb/collections/courts/appellate/a0705-18.opn.html -- rank: 370

... MERTZ, Defendant-Appellant. ________________________ Submitted June 1, 2020 – Decided July 2, 2020 Before Judges Messano and Vernoia. On appeal from the ... A yellow Honda CR-X vehicle registered A-0705-18T1 2 to defendant was in the motel parking lot. Officers spoke ... Following his arrest, defendant was held in custody with H.L. in the Gloucester County Jail. H.L. testified at trial that defendant said he had been staying ... which they kept secret because of defendant's girlfriend. H.L. described the yellow Honda CR-X defendant owned at the ... prove that he did it. There was no evidence.' H.L. also testified defendant said he and J.W. were ...

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Document Size:	29423

3006 STATE OF NEW JERSEY v. ALEXANDRA CHAVARRIAGA -- rank: 370

... third-degree forgery, N.J.S.A. 2c:21-1a(2), eleven counts of third-degree uttering a forged instrument, N ... U.S. 668 , 686, 104 S. Ct. 2052 , 2064, 80 L. Ed. 2d 674 , 692-93 (1984)). Under the Strickland standard, the ... show (1) that counsel's errors were sufficiently serious, and (2) that counsel's deficient performance caused the defendant prejudice. 466 ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. The judge further explained that the ...

docket:	a3588-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-20
status:	unpublished
citation:
Document Size:	16503

3007 IN THE MATTER OF THE ESTATE OF EDWARD WLODARCZYK Deceased -- rank: 370

... Pursuant to the terms of the will, testator divided his $2.1 million estate between plaintiff and Trinity Church in equal ... entire estate, including personal and household effects, to the trust. 2 A-0258-16T4 According to the trust agreement, testator designated ... will was admitted to probate, plaintiff filed a verified complaint,2 challenging the validity of the will and trust. In particular, plaintiff claimed the documents were unenforceable because they 2 Plaintiff did not personally verify the complaint. Rather, the verification ... to prepare the will and trust was not fatal, reasoning '[l]awyers do it all the time, and they trade documents ... of testator's information. Rather, the judge found Faloni 'explain[ed] what the document accomplishes.' Specifically, the judge observed testator' ...

docket:	a0258-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	31492

3008 STATE OF NEW JERSEY v. VERNON K. JOHNSON -- rank: 370

... Release Act (NERA), N.J.S.A. 2C:43-7.2, with five years of parole supervision on count two; and ... 2934-10 (App. Div. July 18, 2012) (slip op. at 2). This court affirmed defendant's robbery and attempted shoplifting convictions ... Charge From the Shoplifting Charges Pursuant to [ Rule ] 3:15-2(b). B. Trial Counsel Provided Ineffective Assistance of Counsel By ... of Acquittal After the Verdict Pursuant to [ Rule ] 3:18-2 and/or to Set Aside the Verdict as Against the ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by the ...

docket:	a1106-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-26
status:	unpublished
citation:
Document Size:	29615

3009 STATE OF NEW JERSEY v. KELLY FELDER -- rank: 370

... to use drug paraphernalia, N.J.S.A. 2C:36-2, and imposed a two-year probationary term and the appropriate ... MADE AT THE END OF THE CASE. A-5252-06T4 2 (A) THE STATE FAILED TO PROVE THAT THE DEFENDANT WAS ... denied, 368 U.S. 967, 82 S. Ct. 439, 7 L. Ed. 2d 396 (1962)).] See also State v. Spivey, 179 N ... or dispensing CDS, N.J.S.A. 2C:35-5b(2): A person acts knowingly with respect to the nature of ... 38A through D in evidence are cocaine, or is cocaine. 2, S- 38A through D in evidence is a controlled ...

docket:	a5252-06
court:	superior court appellate division
decided:	2010-09-08
status:	unpublished
citation:
Document Size:	32530

3010 STATE OF NEW JERSEY VS. N.J.E. -- rank: 370

... second - degree sexual assault, N.J.S.A. 2C:14-2(c). Defendant pleaded not guilty to the initial indictment as ... cumulatively charged defendant with second-degree sexual A-0347-22 2 assault by force, N.J.S.A. 2C:14-2(c); second-degree sexual assault of a victim who was ... years older than them, N.J.S.A. 2C:14-2(c)(4); and third-degree endangering the welfare of a ... 22 3 (NERA), N.J.S.A. 2C:43-7.2.2 Defendant was awarded 1,256 days of jail credit, ...

docket:	a0347-22
court:	appellate
decided:	2024-06-25
status:	Unpublished
citation:
Document Size:	27690

3011 STATE OF NEW JERSEY v. RASHAWN WHITE -- rank: 370

... conspiracy to possess cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-10a(1) (count ... Neill off-tape after a ten-minute break. Id. at 158. The detectives then transported O'Neill to the prosecutor's ... made by defendant before being informed of his Miranda rights; (2) the proximity in time and place between the pre- and ... U.S. 600 , 616, 124 S. Ct. 2601 , 2612, 159 L. Ed.2d 643 , 658 (2004)). "However, the failure to give that ... n.7, 124 S. Ct. at 2612, n.7, 159 L. Ed. 2d at 658, n.7). The O'Neill ...

docket:	A1808-05
court:	NJ Superior Court Appellate Division
decided:	2008-01-15
status:	unpublished
citation:
Document Size:	39827

3012 MARGUERITE SCOTT v. JOVIL CONSTRUCTION, INC. -- rank: 370

... the Superior Court of New Jersey, Law Division, Hudson County, L-5559-05. DaSilva & Pinho, LLC, attorneys for appellant Jovil, Inc ... 2005 fire. We reverse. As required by Rule 4:46-2(c), we view the facts in the light most favorable ... mailing address known to us, by: (1) Certified mail; or (2) First class mail, if we have obtained from the post ... of that date, and (b) "the general liability policy remain[ed] cancelled as of May 22, 2005." The memorandum further stated ... further stated that "the due date and cancellation date . . . remain[ed] the same as indicated on [the] billing statement or cancellation ... Colonial could "try to have the policy reinstated." On August 2, 2005, Jovil re-sent to Merchants, via FedEx Express ...

docket:	a0383-07
court:	NJ Superior Court Appellate Division
decided:	2009-12-04
status:	unpublished
citation:
Document Size:	66508

3013 STATE OF NEW JERSEY v. PATRICIA MITCHELL -- rank: 370

... deprives the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999); State v. Loftin , 146 N ... denied , 508 U.S. 947 , 113 S. Ct. 2433 , 124 L. Ed.2d 653 (1993). The Supreme Court has held that factors ... denied , 393 U.S. 1043 , 89 S. Ct. 673 , 21 L. Ed.2d 593 (1969). However, he or she may not go ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). In this case, we first ...

docket:	A1080-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-10
status:	unpublished
citation:
Document Size:	68563

3014 STATE OF NEW JERSEY v. RENEE D. EDWARDS -- rank: 370

... or threatening physical force, N.J.S.A. 2C:29-2(a) (count four); and third-degree aggravated assault on law ... sentence for a violation of probation on an earlier conviction. 2 Defendant now appeals from his convictions and sentence. I. We ... raised below). POINT IV - THE SENTENCES OF 5 YEARS WITH 2 1/2 YEARS OF PAROLE INELIGIBILITY ON THE INDICTMENT, AND A CONSECUTIVE ... error was "clearly capable of producing an unjust result." R. 2:10-2; see also State v. Macon , 57 N.J. 325 , ...

docket:	a0284-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	33594

3015 STATE OF NEW JERSEY v. JAMES BLACKBURN -- rank: 370

... degree resisting arrest, N.J.S.A. 2C:29-2a(2) (count four); and second-degree possession of a weapon by ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On counts four and six, the court imposed concurrent custodial ... IV THE COURT ERRED IN FAILING TO PROVIDE A CLAWANS 2 CHARGE REGARDING THE STATE'S FAILURE TO PRODUCE THE VICTIM ... caliber, semi-automatic handgun loaded with three rounds. At about 2:30 a.m., as they were driving, Gibson observed the ... II. We note at the outset the language of Rule 2:10-2, which provides that any error shall be disregarded by ...

docket:	a4871-07
court:	superior court appellate division
decided:	2010-11-05
status:	unpublished
citation:
Document Size:	30691