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361 STATE OF NEW JERSEY v. ALAN C. FROST -- rank: 611

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one ... degree murder, N.J.S.A. 2C:11-3(a)(2) (count four). He was sentenced to an aggregate term of ... Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 Defendant appeals, and raises several putative errors including prejudicial ... apartment building at 320 Asbury Avenue, where Bass once resided. 2 Bass operated out of a vacant office on the first ... OTHER IMPROPER HEARSAY EVIDENCE AT TRIAL (PARTIALLY RAISED BELOW). POINT 2 : THE TRIAL COURT DEPRIVED DEFENDANT OF A FAIR TRIAL BY ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004) (recognizing a constitutional dimension— ...

docket:	a4143-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	89763

362 Sam Hargrove, et. al. v. Sleepy’s, LLC -- rank: 611

... Court of Appeals for the Third Circuit pursuant to Rule 2:12A-1. Specifically, the Court decides which test should be ... seeking to certify a question of law pursuant to Rule 2:12A-1. The Court asked: Under New Jersey law, which ... to extrinsic tools to discern legislative intent. (pp. 10-12) 2. The WPL, N.J.S.A. 34:11-4.1 ... exercise control in terms of the completion of the work; (2) the services provided were either outside the usual course of ... primarily to three factors to determine status: (1) employer control; (2) the worker’s economic dependence on the work relationship; and ... United States Court of Appeals for the Third Circuit. Anthony L. Marchetti, Jr. , and Harold L. Lichten , a member of ...

docket:	A-70-12
court:	NJ Supreme Court
decided:	2015-01-14
status:
citation:	220 N.J. 289 106 A.3d 449
Document Size:	102970

363 IN THE MATTER COMMITMENT OF B.L. IN THE MATTER COMMITMENT OF M.W. -- rank: 608

... 0132-00T5 IN THE MATTER OF THE COMMITMENT OF B.L.                             A-1298-00T1 IN THE MATTER OF THE COMMITMENT OF ... Assistant Deputy Public Defender, argued the cause for appellant B.L. in A-0132-00T5 (Peter A. Garcia, Acting Public Defender ... court was delivered by BRAITHWAITE, J.A.D.     Appellants B.L. and M.W. See footnote 1 1 , former patients at ... States and New Jersey Constitutions.     Because we agree with B.L. and M.W. that the procedures used here violated the ... conditionally released, violates his or her conditions.     Although both B.L. and M.W. are no longer involuntarily committed, their appeals ... for any period of illegal commitment. In re R.B. , 158 N.J. Super. 542 , 545 (App. Div. 1978); accord ...

docket:	A0132-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-03
status:	published
citation:	346 N.J. Super. 285 787 A.2d 928
Document Size:	37729

364 STATE OF NEW JERSEY v. ALICE O'DONNELL -- rank: 608

... 160, cert. denied , ___ U.S. ___, 131 S. Ct. 803, 178 L. Ed. 2d 537 (2010). In this PCR appeal, defendant asserts her ... mental health experts, their expert reports, and other documentary evidence. 2 Defendant had a history of mental illness and psychiatric hospitalizations ... diminished capacity defense under N.J.S.A. 2C:4-2. The court ordered the assistant deputy public defender to seek ... about the State's plea offer, and his defense preparations; (2) failing to pursue the diminished capacity defense, including failing to ... Washington , 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). 5 She also asserted her ...

docket:	a1889-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-24
status:	published
citation:	435 N.J.Super. 351 89 A.3d 193
Document Size:	68641

365 STATE OF NEW JERSEY v. BRYDEN ROBERT WILLIAMS -- rank: 608

... 0150. Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); third-degree unlawful possession of a handgun without ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent term of four years on count two ... RIGHT TO CONFRONTATION I. On September 3, 2006, at approximately 2:00 a.m., members of the Plainfield police department found ... buildings. Various witnesses testified that on the evening of September 2, Whitley, Omar Boyd, and Paris Whaley drove to the apartment ... a reasonable provocation. N.J.S.A. 2C:11-4b(2). Passion/provocation manslaughter has four elements: (1) reasonable and ...

docket:	a3619-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	52221

366 IN THE MATTER OF THE ADOPTION OF N.J.A.C 7:15-5.24(b) AND N.J.A.C 7:15-5.25 -- rank: 608

... and maintain water quality. N.J.S.A. 58:11A-2. Similarly, the Water Pollution Control Act (WPCA), N.J.S ... discharge. N.J.S.A. 58:11A-5c(1) and (2). Moreover, to address pollution associated with construction and land use ... 1) to identify construction activity related sources of pollution; and (2) to set forth procedures and methods, including land use requirements ... J.A.C. 7:15-5.24(b)1 and 2, and set a two mg/L nitrate level for septic system discharge, N.J.A.C ... nj.gov/dep/gis/listall.html titled "Landscape Project Data"; 2. Areas mapped as Natural Heritage Priority Sites, excluding those ...

docket:	a3262-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	published
citation:	420 N.J. Super. 552 22 A.3d 94
Document Size:	95381

367 IN THE MATTER COMMITMENT OF B.L. IN THE MATTER COMMITMENT OF M.W. -- rank: 608

... 0132-00T5 IN THE MATTER OF THE COMMITMENT OF B.L.                             A-1298-00T1 IN THE MATTER OF THE COMMITMENT OF ... Assistant Deputy Public Defender, argued the cause for appellant B.L. in A-0132-00T5 (Peter A. Garcia, Acting Public Defender ... court was delivered by BRAITHWAITE, J.A.D.     Appellants B.L. and M.W.See footnote 1 1 , former patients at ... States and New Jersey Constitutions.     Because we agree with B.L. and M.W. that the procedures used here violated the ... conditionally released, violates his or her conditions.     Although both B.L. and M.W. are no longer involuntarily committed, their appeals ... for any period of illegal commitment. In re R.B. , 158 N.J. Super. 542 , 545 (App. Div. 1978); accord ...

docket:	A1298-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-03
status:	published
citation:
Document Size:	37655

368 NEW JERSEY DIVISION OF YOUTH & FAMILY SERVICES VS M.R. -- rank: 608

... and no protective service case was filed under See footnote 2     By a May 8, 1996 letter, DYFS informed appellant that ... 1) the caseworker had concluded that H.G. "was abused"; (2) she was "identified as harming the child or placing the ... integrity," and her right to "avoid the defamatory label `abuser'"; (2) her right to "contract, to engage in any of the ... A. 9:6-8.21 to -8.82, enacted by L. 1971, c. 437, effective February 10, 1972, and L. 1974, c. 119, effective Oct. 10, 1974. Under N.J ... notified that (1) he or she has been so identified; (2) identifying information has been entered in the Central Registry; ...

docket:	a5985-96
court:	njappellate
decided:	1996-07-21
status:	published
citation:	314 N.J.Super. 390
Document Size:	76304

369 STATE OF NEW JERSEY v. R.T. -- rank: 608

... The jury heard testimony that defendant is the uncle of L.T. and that he gained custody from L.T.'s mother in 1998, when the boy was four years old. In 2004, ten-year-old L.T. disclosed defendant's recurring sexual abuse of him over the preceding six years. L.T. testified that beginning when he was between four and ... either probing him digitally or by inserting his penis into L.T.'s anus. According to L.T., defendant would frequently give him "Nyquil and pills" ...

docket:	a1131-06
court:	superior court appellate division
decided:	1997-07-15
status:	published
citation:	411 N.J. Super. 35 983 A.2d 1177
Document Size:	182299

370 STATE OF NEW JERSEY v. JEFFREY SMITH -- rank: 608

... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). We conclude that a police officer may ... U.S. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2 d at 706-07; State v. Stott , 171 N.J ... U.S. at 477, 86 S. Ct. at 1629, 16 L. Ed. 2d at 725, unless the totality of the ...

docket:	a5261-03
court:	njappellate
decided:	2005-01-27
status:	published
citation:	374 N.J. Super. 425
Document Size:	30990

371 MURRAY V. LAWSON -- rank: 608

... the building had been destroyed by an arsonist. On May 2, 1991, there was a bomb threat at the Howell clinic ... did not impermissibly interfere with residential privacy. (pp. 13-20) 2.    New Jersey has a common-law public policy in favor ... D., Virginia Boffard and Daryl K. Boffard, M.D. Frank L. Corrado argued the cause for amicus curiae American Civil Liberties ... it deprived the Murrays of their usual Sunday family time; (2) it harmed Dr. Murray's ability to practice medicine because ... once between April 22 and May 4, 1991. On May 2, 1991, Howell Township police received a telephone message threatening the ... demonstrating or picketing within the immediate vicinity of plaintiffs' residence * * *.                      2. Distributing flyers to plaintiffs' neighbors which contain references to [ ...

docket:	a-42-93
court:	njsupreme
decided:	1994-04-06
status:
citation:	138 N.J. 206
Document Size:	68371

372 WHIRLPOOL PROPERTIES, INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 608

... brief; Mitchell A. Newmark (Morrison & Foerster), on the brief). Peter L. Faber (McDermott Will & Emery) of the New York bar, admitted ... the Legislature added the "Throwout Rule" to the statutory scheme. L. 2002, c. 40, § 8. It addressed what the Legislature considered ... shall be excluded from the denominator of the sales fraction. [ L. 2002, c. 40, § 8.] Thus, the formula was altered by ... s legal conclusions or the Division of Taxation's interpretations;" (2) "the Tax Court erred when it applied the wrong standard ... the legal consequences that flow from established facts. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... U.S. 739 , 745, 107 S. Ct. 2095 , 2100, 95 L. Ed.2d 697 , 707 (1987). The U.S. Supreme ...

docket:	a1182-08
court:	superior court appellate division
decided:	2010-07-12
status:	unpublished
citation:	25 N.J.Tax 519
Document Size:	76028

373 /usr/local/share/www/libweb/collections/courts/supreme/a-34-05.doc.html -- rank: 608

... the imminent start of trial. This opinion supplements our order. 2 On March 3 , 2002, Officer John Penney of the South ... by Boretsky in response to that questioning were also suppressed. 2 In May of 2002 , Boretsky was indicted and charged with ... recognize a public safety exception to Miranda . (Pp. 8-11) 2. Emergency aid response provided through the 9-1-1 emergency ... of N.J.S.A. 2C:11-3(a)(1), (2). He also was charged with aggravated assault, N.J.S ... 29-9(b); burglary, N.J.S.A. 2C:18-2; possession of a weapon with the purpose to use it ... order on October 20, 2005, reversing the order of suppression. 2 II. Defendant has argued throughout this matter that his ...

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374 STATE OF NEW JERSEY v. DONNY REEVEY -- rank: 608

... Submitted: June 9, 2010 – Decided: Before Judges Payne, C.L. Miniman and Fasciale. On appeal from Superior Court of New ... bur­glary, contrary to N.J.S.A. 2C:18-2; third-degree aggravated assault on a police officer, contrary to ... Release Act (NERA), N.J.S.A. 2C:43-7.2; fifteen concurrent years on the first-degree use of a ... State v. Reevey , No. A-1597-05 (App. Div. July 2, 2007), certif. denied , 192 N.J. 480 (2007). The facts ... did not remember being served. Again, transcript page 21, line 2 to page 2, line 4, transcript one. When asked if he intended ...

docket:	a5316-08
court:	NJ Superior Court Appellate Division
decided:	2010-12-13
status:	published
citation:	417 N.J. Super. 134 8 A.3d 831
Document Size:	70337

375 STATE OF NEW JERSEY v. HITEN A. PATEL -- rank: 608

... brief. PER CURIAM Defendant Hiten A. Patel challenges his April 2, 2015 convictions and sentence for a series of sexual assaults ... Early Release Act, N.J.S.A. 2C:43-7.2. After reviewing the record in light of the contentions advanced ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (counts one, eight, fourteen, twenty-three, and twenty-eight ... third-degree criminal restraint, N.J.S.A. 2C:13-2 (counts two, four, nine, twenty-one, twenty-five, and thirty ... second-degree sexual assault, N.J.S.A. 2C:14-2(c) (count three); two counts of second-degree attempted aggravated ... N.J.S.A. 2C:5-1 and 2C:14-2(a) (counts five and nineteen); six counts of fourth- ...

docket:	a3824-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	82904