Search Rutgers Law Library N.J. Court Opinions

3556 STATE OF NEW JERSEY v. JAMES D. COLVIN -- rank: 333

... 275 (2006), since, like the defendant in Chapland , Colvin "convey[ed] the overall impression of simulating possession of a deadly weapon ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968)). As the result of the manager ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977). We regard the discrepancies between various ... participation in the incident was independently corroborated. State v. Cromedy , 158 N.J. 112 , 132 (1999). V. At trial, the ...

docket:	A1393-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-21
status:	unpublished
citation:
Document Size:	49619

3557 STATE OF NEW JERSEY v. STEVEN P. RINCK -- rank: 333

... Release Act (NERA), N.J.S.A. 2C:43-7.2, eighty-five percent period of parole ineligibility. On appeal from ... the trial court's (1) denial of his discovery motions; (2) violation of his right to a speedy trial; (3) failure ... CI in 2011, defendant signed an agreement stating, among other 2 A-3708-15T2 restrictions, that as a CI he could ... for drug distribution, but could avoid arrest if he 'snitch[ed] on drug dealers and people who were selling guns[.]' Defendant ... later. Gregory did not respond to any of these messages.2 Prior to receiving defendant's text messages he spoke with ... him at the police headquarters after work, and defendant obliged. 2 According to Gregory, the text messages were not preserved ...

docket:	a3708-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	76630

3558 US BANK, N.A v. NIKIA HOUGH -- rank: 333

... 2007, Mortgage Lenders filed a complaint in foreclosure against Hough. 2 On July 20, 2007, Mortgage Lenders assigned the mortgage to ... 80-26.14." N.J.A.C. 5:80-26.2. The "maximum allowable resale price" of an affordable housing unit ... calculated pursuant to [ N.J.A.C. ] 5:94-7.2(b). The administrative agent shall prove all resale prices, in ... 403 N.J. Super. at 550 (quoting In re Taylor , 158 N.J. 644 , 658 (1999)). Applying these principles, we conclude ... restrain the words.") (quoting State v. Clark , 29 N.J.L. 96 , 99 (1860)). We reverse the June 12, 2009 order ... certified that it was lower than on November 13, 2007. 2 At the time Hough executed the mortgage in favor ...

docket:	a5623-08
court:	superior court appellate division
decided:	2010-09-14
status:	published
citation:	416 N.J. Super. 286 3 A.3d 1251
Document Size:	35761

3559 JOSEPH OETTINGER, JR v. STEVENS COMMERCIAL ROOFING LLC -- rank: 333

... a STEVENS ROOFING, Defendant-Respondent. _______________________________ July 24, 2013 Submitted July 2, 2013 - Decided Before Judges Sapp-Peterson and Sabatino. On appeal ... Junk Fax Act ("NJJFA"), N.J.S.A. 56:8-158(a). Plaintiff sought $500 in statutory damages for each unauthorized ... decision. In that amplification, the judge noted that "[t]he [L]egislature's inclusion of the word 'aggrieved' must have been ... 227(b)(1)(c); N.J.S.A. 56:8-158(a). Additionally, both statutes create a private cause of action ... actual harm to demonstrate that they have been "aggrieved," or (2) that a claimant is presumptively "aggrieved" when he or she ... D. Shambie Singer, Sutherland Statutory Construction § 21:14 (7th ed. 2009). Hence, the use of the disjunctive term "or" ...

docket:	a5027-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-24
status:	unpublished
citation:
Document Size:	25244

3560 STATE OF NEW JERSEY v. GUSTAVO MARIN -- rank: 333

... 29, 2004, in a "parking lot at [a] Morristown fil[l]ing station." The judge then read from count eight of ... to [him]." Defendant himself advised the judge that he "want[ed] to take . . . back" a letter he sent to the judge ... to allow for the filing of additional briefs and exhibits. 2 The motion was eventually decided on January 2, 2007. Defendant contended that Blachley Park was not a park ... his guilty pleas, that "the finality of the[] proceedings outweigh[ed]" such a request, and that the "interest[s] of justice ... the argument lacks sufficient merit to warrant extensive discussion. R. 2:11-3(e)(2). Lastly, defendant argues that the ...

docket:	a1534-08
court:	superior court appellate division
decided:	2010-10-20
status:	unpublished
citation:
Document Size:	28366

3561 STATE OF NEW JERSEY v. SEAN GARCIA STATE OF NEW JERSEY v. SEAN GARCIA -- rank: 333

... Defendant-Appellant. _______________________________ Submitted July 29, 2008 - Decided Before Judges S.L. Reisner and LeWinn. On appeal from the Superior Court of ... arrest, contrary to N.J.S.A. 2C:43-7.2. On April 2, 2004, defendant was sentenced pursuant to the plea agreement, to ... appealed his sentence pursuant to our Excessive Sentence calendar. R . 2:9-11. At that argument counsel contended that the sentencing ... on its merits." State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Entitlement to a hearing on ...

docket:	a3064-06 a3064-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-14 2008-08-14
status:	unpublished Unpublished
citation:
Document Size:	25573

3562 STATE OF NEW JERSEY v. ANDREW LUMSDEN -- rank: 333

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... 1) he was not a citizen of the United States; (2) he understood that his guilty plea could affect his immigration ... and (3) he had discussed the issue with his attorney. 2 In August 2009, "defendant was served by the United States ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... 566 U.S. ___, ___, 132 S. Ct. 1376 , 1384-85, 182 L. Ed.2d 398 , 406-07 (2012); Missouri v. Frye , ...

docket:	a1178-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-17
status:	unpublished
citation:
Document Size:	18759

3563 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.E.H. -- rank: 333

... of three small children. In a written opinion dated May 2 and May 30, 2008, the trial judge credited the testimony ... N.J. Div. of Youth and Family Servs . v. R.L. , 388 N.J. Super. 81, 89 (App. Div. 2006), certif ... denied , 190 N.J.  25 7 (2007) (quoting  Manalapan Realty , L.P. v. T w p . Comm. of Manalapan , 140 N ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972); N.J. Div. of Youth ... cert. denied, 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). However, "[t]hat fundamental ...

docket:	a5903-07
court:	superior court appellate division
decided:	2009-11-04
status:	unpublished
citation:
Document Size:	61922

3564 STATE OF NEW JERSEY v. TROY N. TATE -- rank: 333

... appellant (William Welaj, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Courtney M. Cittadini ... degree aggravated assault, N.J.S.A. 2C:12-1b(2) (count three); and third-degree possession of a weapon for ... Release Act (NERA), N.J.S.A. 2C:43-7.2, a concurrent ten years subject to NERA on count two ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). "Prosecutors are afforded considerable leeway in their closing arguments . . . ." State v. Frost , 158 N.J. 76 , 82 (1999). However, there remain limitations ...

docket:	a5938-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-16
status:	unpublished
citation:
Document Size:	35634

3565 VINCENT PETRECCA, Plaintiff, v. COUNTY OF OCEAN, ROBERT URIE and JOHN STEINHAUER -- rank: 333

... plaintiff Vincent Petrecca. We consider the issue pursuant to R . 2:2-3(a)(2) and the Supreme Court's directive in Prado v. State ... supra , 186 N.J. at 427 (quoting In re Taylor , 158 N.J. 644 , 657 (1999)). After careful consideration of the ... liable for the conduct of the prosecutor's employees, and 2) whether those employees were entitled to a defense from the ... denied , 519 U.S. 1084 , 117 S.Ct. 754 , 136 L.Ed.2d 691 (1997)). When performing these tasks, the ...

docket:	A2340-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-11
status:	published
citation:
Document Size:	36191

3566 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.P. and D.T. -- rank: 333

... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), beyond the following comments. On ... any special deference.'" Div. of Youth & Family Servs. v. R.L. , 388 N.J. Super. 81, 89 (App. Div. 2006), certif ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972); Div. of Youth & Family Servs ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). However, "[t]hat fundamental parental ...

docket:	a3783-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-09
status:	unpublished
citation:
Document Size:	30234

3567 LOUIS DUBREL v. MAPLE CREST AUTO GROUP -- rank: 333

... to N.J.S.A. 34:15-57.4(c)(l) based on petitioner's testimony that after the accident he ... referenced the raceline summaries provided by the website, which demonstrated: (l) in 2005, petitioner had driven a horse in at least one race (purse start), 2 winning $87, and as a trainer had 137 starts with winnings; (2) in 2006, as a trainer he had 131 starts with ... the judge found the testimony of both medical experts "point[ed] to the materiality of the Petitioner's false statements." Petitioner ... v. Borough of Neptune City , 378 N.J. Super. 155 , 158 (App. Div. 2005). It is undisputed petitioner did not ...

docket:	a3321-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-30
status:	unpublished
citation:
Document Size:	49455

3568 Linden Board of Education v. Linden Education Association -- rank: 333

... final and definite award was not made. (Pp. 9--12). 2. Here, the parties asked the arbitrator, 'Did the Board of ... in the Court's result. JUSTICE LONG did not participate. 2 SUPREME COURT OF NEW JERSEY A- 17 September Term 2009 ... to the dissent in the Appellate Division, this matter R. 2:2-1(a)(2). We is before the Court as a matter of right ... School. That evening, a scheduled dance recital required that students 2 change outfits in several classrooms. At one point, Mizichko ...

docket:	a-17-09
court:	supreme
decided:	2010-06-08
status:
citation:	202 N.J. 268 997 A.2d 185
Document Size:	45995

3569 STATE OF NEW JERSEY v. JAMES J. HINTON -- rank: 333

... testified that he was in the pizza parlor at around 2:00 p.m. on February 2, 2006, eating a meal with a friend. He denied being ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)2. Defendant contends he was improperly denied the opportunity to represent ... According to Newman's trial testimony, he arrested defendant at 2:40 p.m., after a continuous surveillance of about forty ... co-defendant Ivory at "1426" in military time, which is 2:26 p.m. This evidence was before the jury, ...

docket:	a6531-06
court:	njappellate
decided:	2009-03-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41478

3570 STATE OF NEW JERSEY v. ERNEST JOHNSON -- rank: 330

... we must view it in terms of plain error. R. 2:10-2. Hearsay is defined as "a statement, other than one made ... Because hearsay is deemed "untrustworthy and unreliable," State v. White , 158 N.J. 230 , 238 (1999), it is "not admissible except ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996). The testimony from Brown elicited by the ... not clearly capable of producing an unjust result. See R. 2:10-2. Defendant next challenges the introduction into evidence ...

docket:	A0945-05
court:	NJ Superior Court Appellate Division
decided:	2007-12-14
status:	unpublished
citation:
Document Size:	49884