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3256 STATE OF NEW JERSEY v. AMISH JHAVERI -- rank: 354

... defendant to exit the vehicle and perform field sobriety tests; (2) the Alcotest results were inadmissible because the operator failed to ... 54, cert. denied , 555 U.S. 825, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008); and (3) observational proof alone was insufficient ... 468 U.S. 420, 442, 104 S. Ct. 3138, 82 L. Ed. 2d 317 (1984) ("[A] single police officer asked [the ...

docket:	a3099-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	32125

3257 CHANDER KANT v. SETON HALL UNIVERSITY -- rank: 354

... Court of New Jersey, Law Division, Essex County, Docket No. L-8638-07. Chander Kant, appellant pro se. McElroy, Deutsch, Mulvaney ... that (1) Boroff examined his request for travel expenses "minutely"; (2) Dall refused to switch summer courses in 2006; and (3 ... plaintiff’s claims were barred by the entire controversy doctrine. 2 Second, he concluded that plaintiff failed to establish a prima ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158, 180 (App. Div.), certif. denied , 196 N.J. 85 (2008 ... motion judge's conclusions on issues of law, Manalapan Realty, L.P. v. Township Committee of Manalapan , 140 N.J. 366 ... 1) that he . . . is a member of a protected class; (2) that he . . . was qualified for the job; (3) that ...

docket:	a2020-09
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	34970

3258 JACLYN THOMPSON v. BOARD OF TRUSTEES TEACHERS PENSION AND ANNUITY FUND -- rank: 354

... also be found at 449 N.J.Super. 478 or 158 A.3d 1195. (NOTE: The status of this decision is ... a member must satisfy the standards in Richardson ," and "add[ed] a requirement beyond those set forth in Richardson : [t]he ... at 38-40, 53. In Russo , supra , the Court "revisit[ed]" Richardson and Patterson . 206 N.J. at 17. Police Officer ... standards we recently enunciated in Richardson ." Id. at 33-34. 2 The Court added "to obtain accidental disability benefits for a ... requirement. Accordingly, petitioner had to show her mental disability "result[ed] from direct personal experience of a terrifying or horror-inducing ... result" given her proper application of the correct standard. R. 2:10-2. Second, the dissent asserts petitioner met the ...

docket:	a5028-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-11
status:	published
citation:	449 N.J.Super. 478 158 A.3d 1195
Document Size:	104278

3259 /usr/local/share/www/libweb/collections/courts/appellate/a0674-14.opn.html -- rank: 354

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3); and fourth-degree aggravated assault upon a police ... 2C:35-5(a), and N.J.S.A. 2C:2-6. At the time he pled, defendant had eleven indictable ... of innocence, see State v. Slater , 198 N.J. 145 , 158 (2009), and demonstrate his conviction was manifestly unjust, see id ... was formulated in Strickland v. Washington , 466 U.S. 668 , l 04 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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3260 STATE OF NEW JERSEY v. MARKIES L. WELLS -- rank: 354

... 2335-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARKIES L. WELLS, Defendant-Appellant. ________________________ Argued October 18, 2022 – Decided December ... officers were wearing '[p]lain clothes, with A-2335-19 2 a police vest over the top, with police clearly marked ... noticed the tan vehicle's front passenger's 'eyes widen[ed],' and 'his body kind of slouched into [the] seat.' Officer ... the officers] would apply for searching [the vehicle] . . . that way.' 2 Defendant signed a consent-to-search form. Officers DePalma and ... testified as to the procedure for conducting a protective frisk: 2 The record does not indicate whether Officer Taylor or either ... to distribute, N.J.S.A. 2C:35-5(b)(2); and third-degree possession of cocaine with intent to ...

docket:	a2335-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-23
status:	Unpublished
citation:
Document Size:	55876

3261 STATE OF NEW JERSEY v. THOMAS FLANAGAN -- rank: 354

... criminal restraint, contrary to N.J.S.A. 2C:13-2 (count three); and third-degree endangering the welfare of a ... thirteen-year-old girl, on May 15, 1990. On December 2, 2002, defendant entered into a retraxit plea of guilty to ... being involuntarily committed pursuant to the Sexually Violent Predator Act; 2) there was an insufficient factual basis to support the guilty ... 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:	a1565-08
court:	superior court appellate division
decided:	2010-02-03
status:	unpublished
citation:
Document Size:	33886

3262 Estate of ALHAM BARAKAT v. ROOSEVELT CARE CENTER AT EDISON -- rank: 351

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-3187-21. Richard J. Mirra argued the cause for appellants ... by their first names to avoid confusion. A-0033-21 2 treatment. That same day, a representative of RCC contacted Morad ... of dismissal regarding all claims against RCC and the County. 2 On May 26, 2021, Morad moved in the trial court ... informed him of the cause of his mother's death; (2) he was 'extremely limited with respect to visitation with' his ... he 'was devastated as a result of the loss of 2 It is unclear why defendants' counsel requested a stipulation of ... example, the court found that Morad 'diligently and repeatedly attempt[ed] to obtain' Alham's medical records and retained counsel ...

docket:	a0033-21
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Unpublished
citation:
Document Size:	34707

3263 STATE OF NEW JERSEY v. BERNARD J. MCGUIGAN -- rank: 351

... culpable mental state. Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:24-5 (2009). "Willful ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989); State v. Ramseur , 106 N.J. 123 ... 189 N.J. 88 , 96 (2006) (citing State v. Frost , 158 N.J. 76 , 82 (1999)). "A finding of prosecutorial misconduct ... of a fair trial.'" State v. Smith , 167 N.J. 158 , 181 (2001) (quoting Frost , supra , 158 N.J. at 83 (citations omitted)). The prosecutor's ...

docket:	a5417-06
court:	superior court appellate division
decided:	2010-03-30
status:	unpublished
citation:
Document Size:	34147

3264 ESTATE OF PATRICIA ALBANESE, et al. v. JOHN R. LOLIO, JR., et al. -- rank: 351

... of New Jersey, Law Division, Somerset County, Docket No. SOM-L-1119-03. Robert F. Gold argued the cause for appellants ... the personal tax implications which flowed from defendants' advice, and (2) whether the defendants breached a duty to the executrix to ... that alternatives existed. In their brief, plaintiffs state, "[d]efendant [l]awyers faxed a letter and called the Estate's financial ... that meeting, he told them of the possibility of persona l tax consequences as a result of invading the IRA, but ... or order as a matter of law." R. 4:46-2(c). Further, "[a]n issue of fact is genuine only ... in deciding motions for directed verdicts under ] Rule 4:37-2(b) in light of the burden of persuasion that ...

docket:	A1861-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-04
status:	published
citation:	393 N.J. Super. 355 923 A.2d 325
Document Size:	103420

3265 STATE OF NEW JERSEY v. ALFRED W. COURSEY, III -- rank: 351

... of the car and handcuffed him. 1 Scowcroft administered Miranda 2 warnings, which defendant waived. He then read defendant a consent ... point are without sufficient merit to warrant further discussion. R. 2:11-3(e)(2). The trial judge's factual findings are supported by sufficient ... marijuana possession with intent to distribute. Cf. State v. Caliguiri , 158 N.J. 28, 32, 43 (1999) (third-degree marijuana possession ... of Schedule I or II narcotic drugs as defined in L. 1970, c. 226 ( N.J.S.A. 24:21-2 et seq.) by persons not drug dependent, should ordinarily ...

docket:	a1415-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-06
status:	published
citation:	445 N.J.Super. 506 139 A.3d 124
Document Size:	34801

3266 /usr/local/share/www/libweb/collections/courts/appellate/a0352-19.opn.html -- rank: 351

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-7442-16. Robert C. Brown argued the cause for appellant ... part and reverse and remand in part. A-0352-19 2 I. We begin by summarizing the facts submitted by the ... or in part from time to time as it deem[ed] appropriate.' The Guaranteed Fair Treatment Policy included a four-step ... cabinets specifically to Bayshore's Chief Operating Officer Regina Foley 2 and was not aware if anyone informed Foley of her ... nor did she place the transcript pages in sequential order. 2 Foley was Bayshore's Chief Operating Officer at the time ... cause by the movant.' Seoung Ouk Cho v. Trinitas Reg'l Med. Ctr., 443 N.J. Super. 461, 471 (App. ...

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3267 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.M. -- rank: 351

... for psychological and psychiatric evaluations. On March 20 and April 2, 2007, Dr. James F. Battaglia completed a psychological evaluation of ... which had been providing supervised visitations, reported that defendant "appear[ed] to be in denial of her daughter's blindness and ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... S.M. (1) by engaging in an incestuous relationship, and (2) through medical neglect and parenting deficiencies. Defendant further contends that ... simple," because (1) her father was guilty of sexual assault; (2) she was seventeen and incapable of giving legal consent for ... prima facie case where the parents' mental disorders "adversely affect[ed] their ability to parent"); In re Guardianship of D. ...

docket:	a5617-07
court:	superior court appellate division
decided:	2009-06-26
status:	Unpublished
citation:
Document Size:	74072

3268 STATE OF NEW JERSEY v. TYRESS EDWARD HIX -- rank: 351

... U.S. 600 , 611, 96 S. Ct. 1075 , 1081, 47 L. Ed.2d 267 , 276 (1976)). Under that circumstance, we concluded that ... S. 667 , 675-76, 102 S. Ct. 2083 , 2089, 72 L. Ed.2d 416 , 424 (1982). Double jeopardy "is not a sanction ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). In Crawford , the United States ...

docket:	a4616-05
court:	NJ Superior Court Appellate Division
decided:	2009-05-29
status:	unpublished
citation:
Document Size:	21910

3269 KAREN DeSOTO v. HARVEY SMITH et al. -- rank: 351

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3394-04. Karen F. DeSoto argued the cause pro se ... refuse to consider the statutory challenge. See D.I.A.L. v. Clifton Constr . Bd. of Appeals , 218 N.J. Super ... 361 , 371 (2005) (quoting Casamasino v. City of Jersey City , 158 N.J. 333 , 343 (1999)) (alteration in original); see also ... of Health of the City of Trenton , 49 N.J.L. 349 , 354 (Sup. Ct. 1887), in which the Court found ... Div. 1968); Harrison v. Borough of Madison , 81 N.J.L. 21 (Sup. Ct.), aff'd , 82 N.J.L. 527 (E. & A. 1911). Plaintiff next contends N.J. ...

docket:	a6730-03
court:	njappellate
decided:	2006-03-01
status:	published
citation:	*CITE_PENDING*
Document Size:	49650

3270 STATE OF NEW JERSEY v. DARRELL LOUISVILLE, a/k/a DARREL CHARLES, DARREL JEAN, RENALD LOUISVILLE -- rank: 351

... pill the police suspected was ecstasy, a bag containing 8.2 grams of marijuana, "an air soft pistol with two mags ... in a dining room television stand. This bag contained 5.2 grams. The police also seized seven cell phones from the ... in which the larger pieces of cocaine were contained "match[ed] the sandwich bags that the little pieces have in them ... denied , 531 U.S. 1146 , 121 S. Ct. 1083 , 148 L. Ed.2d 959 (2001) (citing Illinois v. Gates , 462 U.S ... 230-31, 238, 103 S. Ct. 2317 , 2328, 2332, 76 L. Ed.2d 527 , 543-44 (1983). In reviewing a ...

docket:	a1697-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	33003