Search Rutgers Law Library N.J. Court Opinions

3151 STATE OF NEW JERSEY v. IRENE E. KOERNER -- rank: 359

... the Middletown Township Municipal Court pursuant to Rule 7:10-2. Judge Anthony J. Mellaci, Jr. denied defendant's petition after ... certificates regarding the test ampoule was written in French; and (2) the pre-test inspection certificate was thirty-one days old ... denied , 557 U.S. 934 , 129 S. Ct. 2858 , 174 L. Ed.2d 601 (2009), Judge Mellaci found the ampoule testing certificates ... the hearsay rule, N.J.R.E. 803(c)(6). 2 The same conclusion applied with respect to the admissibility of ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). Sweet , supra , 195 N. ...

docket:	a4380-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	17464

3152 STATE OF NEW JERSEY v. JULIUS WILSON -- rank: 359

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); first-degree robbery, N ... N.J.S.A. 2C:11-3(a)(1) and (2) (count six). On August 17, 2004, defendant's motion to ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant did not file a direct appeal. On May 12 ... Costello issued a comprehensive written decision and order on January 2, 2014 denying defendant an evidentiary hearing and dismissing his petition ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court ...

docket:	a3329-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-01
status:	Published
citation:
Document Size:	21243

3153 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. GABRIEL C. BARNES -- rank: 359

... conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15- 1(b); four counts ... to commit false swearing, N.J.S.A. 2C:5-2, N.J.S.A. 2C:28-2; and fourth- degree making a false statement under oath or equivalent affirmation, N.J.S.A. 2C:28-2. Prior to trial, defendant filed a motion challenging the photo ... Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). 2 A-0210-15T1 under oath. ...

docket:	a0210-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-01
status:	unpublished
citation:
Document Size:	44992

3154 CAROLYN KOSTERA v. BACHARACH INSTITUTE FOR REHABILITATION -- rank: 359

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-3018-10. Timothy M. Crammer argued the cause for appellant ... percentage of her hours were to be spent at BIR. 2 In her deposition testimony, plaintiff acknowledged that her employment by ... v. Raleigh Fitkin-Paul Morgan Memorial Hospital , 136 N.J.L. 553 (E. & A. 1948). In Rose , decided before enactment of ... CIA's limitation on damages, id. at 12 (citing R. 2:11-3(e)(1)(E)), holding the "[p]laintiff was ... Ibid. (internal quotation marks and citation omitted). "[U]nder Rule 2:10-1, an appellate court only can reverse a trial ... her daily activities. Plaintiff's vocational economic expert, Robert Wolf, Ed.D., opined that plaintiff's future economic losses, including ...

docket:	a1991-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-06
status:	unpublished
citation:
Document Size:	81270

3155 STATE OF NEW JERSEY v. GEORGE J. LANE -- rank: 359

... to commit armed robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:15-1(a)(2); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(2); and second-degree possession of a weapon for an unlawful ... Early Release Act, N.J.S.A. 2C:43-7.2. They were also sentenced to concurrent five-year terms on ... the model charge and deemed necessary in state v. harris . [ 2 ] point ii although the police had a warrant to search ... knowingly and intelligently represent himself pursuant to rule 3:4-2(b)(4). II. A. Both defendants challenge the denial ...

docket:	a1319-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-02-27
status:	unpublished
citation:
Document Size:	89949

3156 STATE OF NEW JERSEY v. IKEEM HANDY -- rank: 359

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the armed robbery count, and a consecutive term of ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). Second, the defendant must show that he ... U.S. at 690, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695. In addition, to show that ...

docket:	a5117-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-10
status:	unpublished
citation:
Document Size:	21813

3157 STATE OF NEW JERSEY v. GEORGE J. LANE -- rank: 359

... to commit armed robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:15-1(a)(2); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(2); and second-degree possession of a weapon for an unlawful ... Early Release Act, N.J.S.A. 2C:43-7.2. They were also sentenced to concurrent five-year terms on ... the model charge and deemed necessary in state v. harris . [ 2 ] point ii although the police had a warrant to search ... knowingly and intelligently represent himself pursuant to rule 3:4-2(b)(4). II. A. Both defendants challenge the denial ...

docket:	a0584-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-27
status:	unpublished
citation:
Document Size:	89950

3158 STATE OF NEW JERSEY v. ALEXIS TORO -- rank: 359

... Triantos searched defendant, and Day searched the passenger, Stanley Garcia. 2 No contraband was found on defendant, and he refused consent ... U.S. 36 , 50-51, 124 S. Ct. 1354 , 1364, 158 L. Ed.2d 177 , 192 (2004)). For instance, "the hearsay rule is ... this unchallenged brief portion of Day's testimony. See R. 2:10-2. Consequently, the judge did not err in denying defendant' ...

docket:	a1249-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	39098

3159 STATE OF NEW JERSEY v. LEON CLARK -- rank: 359

... third-degree resisting arrest, N.J.S.A. 2C:29-2 (count sixteen). The State first proceeded to trial on Indictment ... aggravating sentencing factors N.J.S.A. 2C:43-7.2. The court imposed concurrent sentences on all other convictions. The ... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004). In an unpublished opinion, we affirmed the ... 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 ...

docket:	a1558-08
court:	superior court appellate division
decided:	2010-05-06
status:	unpublished
citation:
Document Size:	37419

3160 IN THE MATTER OF ERNEST FARLEY, ADULT DIAGNOSTIC AND TREATMENT CENTER DEPARTMENT OF CORRECTIONS -- rank: 359

... Endress on the group's page that A-0656-21 2 stated, 'Ann Endress, hey stupid, shut the fuck up and ... she felt 'harassed' and 'due to Ernest Farley being a [l]aw [e]nforcement officer who [was] armed[,] she [did] not ... likewise acknowledged sharing posts regarding evangelicals and others who 'lack[ed] morals, ethics and humanity' and supported the former President. When questioned about whether his posts 'exhibit[ed] a prejudice against the various classes of persons'—i ... notice charged Farley with violating: N.J.A.C. 4A:2-2.3(a)(6), conduct unbecoming an employee; N.JAC. ...

docket:	a0656-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-30
status:	Unpublished
citation:
Document Size:	25636

3161 STATE OF NEW JERSEY v. RONALD ARBUCKLE -- rank: 359

... a trial de novo in the Law Division, defendant Ronald L. Arbuckle was convicted of driving while intoxicated (DWI). Because this ... same level of detail. Summarizing, on January 26, 2013, at 2:01 a.m., the Manville Police Department received an anonymous ... Station. At police headquarters, Buda checked defendant's mouth at 2:25 a.m. for foreign objects to begin the twenty ... conducting the Alcotest. The observation period was first interrupted at 2:27 a.m. when defendant belched, then again at 2:50 a.m. when he sipped water from the sink during a restroom visit. At 2:55 a.m., defendant belched again, and at 3: ...

docket:	a4026-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-20
status:	unpublished
citation:
Document Size:	21607

3162 IN THE MATTER OF THE LICENSE OF JAMES K JOHNSTON, P.E., P.P. LICENSE NO. 24GE03527300 TO PRACTICE AS A PROFESSIONAL ENGINEER IN THE STATE OF NEW JERSEY -- rank: 359

... of engineering' under N.J.S.A. 45:1-21.2 On appeal, Johnston contends the revocation was unreasonable and that ... any business with any branch of government in the state. 2 The statute was amended on May 11, 2021, with an ... be inconsistent with the public 's health, safety, or welfare.' L. 2021, c. 81, §1. We apply the statute as ... the time of the Board's determination. A-1048-20 2 all mitigating circumstances and evidence.' We disagree and affirm, substantially ... Board determined, pursuant to N.J.S.A. 45:1-2.2(d), the statute required a majority of the currently ...

docket:	a1048-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-27
status:	Unpublished
citation:
Document Size:	28703

3163 ALAN O'SHEA et al. v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION, NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY, et al. -- rank: 359

... Superior Court of New Jersey, Law Division, Mercer County, MER-L-470-04. Edward J. Frisch argued the cause for appellants ... by the Educational Facilities Construction and Financing Act, See footnote 2 school districts. See See footnote 3 ] or (2) bids for all the work and materials required to complete ... interest in contesting it." Black's Law Dictionary 777 (5th ed. 1979). It is a real controversy, as opposed to one ... 98-99, 101, 88 S. Ct. 1942 , 1952-53, 20 L. Ed.2d 947 , 961-62 (1968). While we do not ...

docket:	a5459-04
court:	njappellate
decided:	2006-10-19
status:	published
citation:	*CITE_PENDING*
Document Size:	30269

3164 STATE OF NEW JERSEY v. ANTHONY SNOWDEN -- rank: 359

... U.S. 61 , 76, 120 S. Ct. 1119 , 1129, 146 L. Ed.2d 47 , 60 (2000), in holding that "generic accusations of ... conviction,'" i bid. (quoting State v. Smith , 167 N.J. 158 , 177 (2001)), and concluded that they are prohibited. The Court ... not clearly capable of producing an unjust result. See R. 2:10-2; State v. Jordan , 147 N.J. 409 -421 (1997). The ... summation facts that are not in evidence. State v. Frost , 158 N.J. 76 , 85 (1999); State v. Marks , 201 ...

docket:	A0329-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-17
status:	unpublished
citation:
Document Size:	40355

3165 STATE OF NEW JERSEY v. RICHARD T. MORRIS -- rank: 359

... 92-01-0033. Richard T. Morris, appellant pro se. Joseph L. Bocchini, Jr. Mercer County Prosecutor, attorney for respondent (Michael A ... 3a(1) and N.J.S.A. 2C:11-3a(2), felony murder, N.J.S.A. 2C:11-3a(3) and N.J.S.A. 2C:2-6, and first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6, and was sentenced on January 28, 1994 to life ... of the third petition. See R. 3:22-12(a)(2)(C) (requiring filing of a second or subsequent PCR petition ... arguments are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). We add the following comments. ...

docket:	a2768-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	17988