Search Rutgers Law Library N.J. Court Opinions

3481 STATE OF NEW JERSEY v. TAVON ROBINSON -- rank: 338

... may grant a severance and separate trials. R. 3:15-2(b). In determining whether to proceed jointly or separately, the ... call his codefendant as a witness in a separate trial; (2) the codefendant, although unwilling to testify at a joint trial ... handgun without a permit. N.J.S.A. 2C:39-2 establishes a presumption of possession of firearms found in vehicles ... error is "clearly capable of producing an unjust result." R. 2:10-2. Counsel's failure to object to a jury instruction "suggests ... Beyer , 508 U.S. 947 , 113 S. Ct. 2433 , 124 L. Ed.2d 653 (1993). In determining whether prosecutorial misconduct ...

docket:	a5063-06
court:	njappellate
decided:	2008-09-30
status:	unpublished
citation:	197 N.J. 476
Document Size:	73621

3482 APRIL L. MCBRIDE v. STEPHANIE FAIR WILLOUGHBY and CITY OF JERSEY CITY COUNTY OF HUDSON -- rank: 338

... NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5610-17T4 APRIL L. MCBRIDE, a/k/a APRIL MCBRIDE and KYLE MCBRIDE, her ... OF HUDSON and STATE OF NEW JERSEY, Defendants. ________________________ Argued October 2, 2019 – Decided February 4, 2020 Before Judges Hoffman and ... Court of New Jersey, Law Division, Hudson County, Docket No. L-4641-15. Jorge R. DeArmas argued the cause for appellants ... from the Law Division order dismissing their complaint against defendant,2 after a jury returned a no-cause verdict in their ... McBride individually as 'plaintiff.' Plaintiff's husband sues per quod. 2 Since defendant Stephanie Fair-Willoughby was the only remaining defendant ... trial, we refer to her as defendant. A-5610-17T4 2 walk. Because 'it looked wet outside,' plaintiff first stuck ...

docket:	a5610-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-04
status:	Unpublished
citation:
Document Size:	23379

3483 PHILADELPHIA NEWSPAPERS, INC. v. BOARD OF REVIEW et al. -- rank: 338

... purposes. PNI will not withhold any taxes or prepare W-2 Forms for [claimant] but will provide [claimant] with a Form ... A Deputy Director found him eligible for benefits from June 2, 2005. PNI appealed, and the Appeal Tribunal conducted a hearing ... of the evidence by the appellate court. In re Taylor , 158 N.J. 644 , 656 (1999). The appellate court must accord ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Thus, the determinations of the administrative agencies ... would have reached a different result. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). Conversely, a ...

docket:	a5637-05
court:	njappellate
decided:	2007-12-31
status:	published
citation:	397 N.J.Super. 309
Document Size:	47989

3484 STATE OF NEW JERSEY v. J.D . -- rank: 338

... v. J.D., Defendant-Appellant. ___________________________ March 18, 2011 Submitted: March 2, 2011 - Decided: Before Judges Fisher and Fasciale. On appeal from ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consecutive to a six-year term of imprisonment on Count ... leeway during closing arguments. State v. Smith , 167 N.J. 158 , 177 (2001) (citing State v. Frost , 158 N.J. 76 , 82 (1999)). "[P]rosecutors in criminal cases ... make vigorous and forceful closing arguments to juries." Frost , supra , 158 N.J. at 82. However, a prosecutor's main responsibility ... applying aggravating factors N.J.S.A. 2C:44-1a(2), (3), (4) and (9); the judge ignored mitigating factors ...

docket:	a2799-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	unpublished
citation:
Document Size:	24727

3485 BEZALEL GROSSBERGER v. ROBERT BIFANI -- rank: 338

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-1384-16. Bezalel Grossberger, appellant, argued the cause pro se ... Oak Glen, LLC, No. A-1300- 13 (App. Div. Feb. 2, 2016); Grossberger v. Ruane, 535 F. App'x 84 (3d ... in brief discussions about selling the property A-5931-17T2 2 to plaintiff for over $1.7 million, but the parties ... waiver of fees and costs pursuant to Rule 1:13-2(a), providing for the waiver of fees for indigent persons ... Super. 463, 465-66 (App. Div. 1994)). See also R. 2:5-1(f)(3)(A). In his merits brief, plaintiff ... points for our consideration: POINT 1 SERVICE OF PROCESS POINT 2 ORIGINAL.J.RISDICTION POINT 3 ADVERSE INFERENCE POINT 4 ...

docket:	a5931-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-24
status:	Unpublished
citation:
Document Size:	15395

3486 STATE OF NEW JERSEY v. J.C. -- rank: 335

... aggravated sexual contact and endangering the welfare of a child, L.A. (Lacey). 1 He contends testimony from Lacey's friends ... than thirteen years old, N.J.S.A. 2C:14-2(b); Count Two - third-degree aggravated criminal sexual conduct with ... Biunno, Weissbard & Zegas, Current N.J. Rules of Evidence , comment 2 on N.J.R.E. 803(c)(2) (2013). That commentary categorized the fresh-complaint doctrine under Hill and similar common-law cases as "Fresh Complaint Theory 2," and categorized "a statement made by the victim following such ... an 'excited utterance'" under N.J.R.E. 803(c)(2) as "Fresh Complaint Theory 1." 2 Defense counsel agreed ...

docket:	a0379-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-24
status:	unpublished
citation:
Document Size:	43378

3487 STATE OF NEW JERSEY v. ALONZO PRICE, SR. -- rank: 335

... Confusione, Designated Counsel, of counsel and 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 ... They happened to be on subsequent Thursdays. One was approximately 2:20 and one was around 3 a.m. . . . And the ... beyond a reasonable doubt. State v. Martin , 119 N.J. 2 , 8 (1990); State v. Reyes , supra , 50 N.J. at ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). The State's comments did ...

docket:	A2211-04
court:	NJ Superior Court Appellate Division
decided:	2006-11-15
status:	unpublished
citation:
Document Size:	62210

3488 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.K. -- rank: 335

... family home application." See N.J.A.C. 10:122C-l.1 and -2.1. Reeves testified that DYFS was "in the process of ... the record before providing us with this information. See R. 2:5-4; R. 2:5-5(b). However, at oral argument, A.K.'s ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972); Div. of Youth & Family ...

docket:	a6012-07
court:
decided:	2009-05-07
status:	Unpublished
citation:
Document Size:	73381

3489 TRUMP PLAZA ASSOCIATES v. DIRECTOR, OF TAXATION -- rank: 335

... N.J.S.A. 54:32B-3(b)(7); P.L. 1997, c. 162. Electricity purchased under an Off-Tariff Rate ... agreement, with Atlantic City Electric (ACE), effective March 17, 1997. 2 The OTRAs were filed with and approved by the BPU ... that it be separately stated from the purchase price, nor (2)�the failure of the taxpayers, despite expensive, extensive, and ineffective ... b. , No. A-3228-07, 2009 N.J. Tax LEXIS 2 (App. Div. January 12, 2009), certif. denied , 198 N.J ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed. 2d 245 (1980). Here, the record is devoid of ...

docket:	a5891-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-13
status:	Published
citation:
Document Size:	46644

3490 Henry Sanchez v. Fitness Factory Edgewater, LLC -- rank: 335

... retail installment contract,” id. at (d). (pp. 8-10) 2. Whether any of those provisions preclude RISA’s application to ... basis in the text of RISA to impose a financing 2 requirement on retail installment contracts and, again, RISA’s purpose ... J. DiSabato, and Lisa R. Bouckenooghe, on the briefs). Ronald L. Israel argued the cause for respondents (Chiesa Shahinian & Giantomasi, attorneys; Ronald L. Israel, Daniel D. Barnes, and Brigitte M. Gladis, on the ... financing arrangement to be covered by RISA, no such requirement 2 is contained in the statute as written. We therefore reverse ... extrinsic sources.” State v. D.A., 191 N.J. 158, 164 (2007). “Only when the meaning of a ...

docket:	a-93-18
court:	NJ Supreme Court
decided:	2020-05-28
status:
citation:
Document Size:	48239

3491 ANTHONY R. SUAREZ v. N.J.COM, PITA01, and MRCH0133 -- rank: 335

... Court of New Jersey, Law Division, Bergen County, Docket No. L-5546-05. Andrew T. Fede argued the cause for appellant (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, L.L.C., attorneys; Patrick Papalia, of counsel; Carolyn B. Hand, on ... a "political enem[y] for some time." Rule 4:46-2(c) provides that summary judgment should be granted where the ... U.S. 242 , 252, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)], the trial court should not ...

docket:	A0229-07
court:	NJ Superior Court Appellate Division
decided:	2008-06-27
status:	unpublished
citation:
Document Size:	40558

3492 STATE OF NEW JERSEY v. JAHI BEATTY -- rank: 335

... N.J.S.A. 2C:11-3(a)(1) or (2), second-degree possession of a weapon for an unlawful purpose ... exchange for his trial testimony against defendants. A-0554-20 2 Defendant was sentenced to concurrent five-year prison terms on ... other individuals that decided to kill Amir Pleasant, Fat Buzzin'2 on that day, you're in here. If you just ... t in the back of there with anybody I killed. .... 2 Amir Pleasant's street name. A-0554-20 11 [Swinney ... have been clearly capable of producing an unjust result . . . .' R. 2:10-2. 'Plain error is [an] 'error possessing a clear capacity ...

docket:	a0554-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	57212

3493 CNA INSURANCE COMPANY v. EDWARD REID et al. -- rank: 335

... Court of New Jersey, Law Division, Camden County, Docket No. L-5760-01. Jerald J. Howarth argued the cause for appellant ... incurred over $140,000 of medical costs (Docket No. CAM-L-1216-00). The suit named Reid and State Farm Mutual ... IV, Inc. (Hovnanian), and various fictitious parties (Docket No. MON-L-4845-01). Eline's complaint sought recovery for her damages ... per quod claim, against Eline and Ho (Docket No. MON-L-4570-01). On August 2, 2002, the action was stayed pending disposition of the initial Camden County PIP litigation (Docket No. CAM-L-1216-00). The record does not disclose when the ...

docket:	A1489-05
court:	NJ Superior Court Appellate Division
decided:	2007-11-21
status:	unpublished
citation:
Document Size:	51211

3494 IN THE MATTER OF THAKUR PERSAUD -- rank: 335

... OFFICER (M0040N), PATERSON. _____________________________ Argued April 8, 2014 – Decided May 2, 2014 Before Judges Fisher, Espinosa and Koblitz. On appeal from ... supported by adequate, substantial and credible evidence[.]'" In re Taylor , 158 N.J. 644 , 656-57 (1999) (quoting Rova Farms Resort ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... available among Paterson residents," id. at §5-11(A)(2)(c), or may do so when "State or federal law ... preempts municipal residency requirements," id. at §5-11(A)(2)(d). 1 The Commission possesses a duty to "review and ... appointment and continued employment." N.J.A.C. 4A:4-2.11(f). The City contends that there was no ...

docket:	a1783-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-02
status:	unpublished
citation:
Document Size:	20573

3495 FRANK WEEDEN, et al. v. CITY COUNCIL CITY OF TRENTON,et al. -- rank: 335

... February 13, 2007 - Decided March 19, 2007 Before Judges S.L. Reisner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, L-2891-04PW. Michele R. Donato argued the cause for appellants ... Properties). The opinion of the court was delivered by S.L. REISNER, J.A.D. This case arises from a dispute ... the area by adapting and reusing existing structures and streets; 2) to provide new retail opportunities for local merchants; 3) to ... from the Redevelopment Plan's prohibition against drive-thru windows; 2) whether Judge Feinberg properly reviewed the Zoning Board's ...

docket:	A2200-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-19
status:	published
citation:	391 N.J. Super. 214 917 A.2d 815
Document Size:	83240