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3601 STATE OF NEW JERSEY v. WARREN MCREE -- rank: 330

... Early Release Act, N.J.S.A. 2C:43-7.2, defendant must serve eighty-five percent of his fifteen-year ... Daniels , 182 N.J. 80 , 95 (2004); State v. Frost , 158 N.J. 76 , 83 (1999). Because defendant raised no objection ... result." Daniels , supra , 182 N.J. at 95 (quoting R. 2:10-2). Reversal of defendant's conviction is required only if there ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... at 96-97 (quoting State v. Smith , 167 N.J. 158 , 182 (2001)). Where there was no objection at the ...

docket:	A1065-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-28
status:	unpublished
citation:
Document Size:	65274

3602 STATE OF NEW JERSEY v. RAMON PACHECO -- rank: 330

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from the judgment of conviction entered by the ... N.J.S.A. 2C:11-3(a)(1) and (2); third degree possession of a weapon for an unlawful purpose ... an injured victim, N.J.S.A. 2C:12-1.2(a). The trial court severed the charges against defendant and ... error was "clearly capable of producing an unjust result." R. 2:10-2. A prosecutor's duty is not to obtain convictions, but ... 80 , 96 (2004) (quoting State v. Smith , 167 N.J. 158 , 177 (2001)). A prosecutor's improper conduct will not ...

docket:	a0966-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-13
status:	unpublished
citation:
Document Size:	31256

3603 Insurance Company of North America v. Anthony Amadei Sand & Gravel, Inc. -- rank: 330

... and the relief sought that is determinative. (pp. 10-12) 2. This case presents the “flip-side” of the issue presented ... that must be decided by a jury.     We granted certification, 158 N.J. 73 (1999), and now reverse. We hold that ... Thereafter, in an unpublished opinion, the Appellate Division on June 2, 1998 ruled that the trial court improperly denied Aetna's ... U.S. 322 , 333, 99 S. Ct. 645 , 652, 58 L. Ed.2d 552 (1979). However, that right is not guaranteed in ... U.S. 211 , 217, 36 S. Ct. 595 , 596, 60 L. Ed. 961 , 963 (1916); Morin v. Becker , 6 N. ...

docket:	a-69-98
court:	njsupreme
decided:	1999-12-22
status:
citation:	162 N.J. 168
Document Size:	42336

3604 Schettino v. Roizman -- rank: 330

... 5.1 Version This case can also be found at 158 N.J. 476. SYLLABUS (This syllabus is not part of ... to the offer-of-judgment rule, Rule 4:58-1, -2 and -3.     In 1985, John Schettino, a licensed real estate ... v. ROIZMAN DEVELOPMENT, INC., ISRAEL ROIZMAN, Individually, FAIRVIEW ASSOCIATES 94 L.P.,     Defendants-Appellants,         and BILTMORE PROPERTIES, LTD., INC., BELGIOVINE ENTERPRISES ... to the offer-of-judgment rule, Rule 4:58-1, -2 and -3.     Plaintiff, John Schettino, alleged that four defendants were ... defendants, Israel Roizman, Roizman Development, Inc., and Fairview Associates 94 L.P. (collectively, "Roizman") offered to settle its share of liability ... defendant to settle its share of liability. Rule 4:58-2, "Consequences of Non-Acceptance of Claimant's Offer," however, ...

docket:	a-19-98
court:	njsupreme
decided:	1999-06-21
status:
citation:	158 N.J. 476
Document Size:	34237

3605 State of New Jersey v. Wendell Mann -- rank: 330

... can also be found at 203 N.J. 328 or 2 A.3d 379. SYLLABUS (This syllabus is not part of ... trial court in deciding matters of law. (Pp. 7-8) 2. "Both the United States and the New Jersey Constitutions protect ... defendant for third-degree possession of cocaine, 136 N.J. 158, 165-66 (1994), concluded that defendant's nervousness and his ... U.S. 648 , 663, 99 S. Ct. 1391 , 1401, 59 L. Ed.2d 660 , 673 (1979) ("[P]eople are not shorn of ... warrant for Futch and a search warrant for his car; (2) Futch was a known drug dealer who used his ...

docket:	a-56-09
court:	supreme
decided:	2010-08-04
status:
citation:	203 N.J. 328 2 A.3d 379
Document Size:	72056

3606 STATE OF NEW JERSEY v. DANIEL J. FINERAN, III -- rank: 330

... Submitted: January 14, 2009 - Decided: Before Judges Cuff and C.L. Miniman. On appeal from the Superior Court of New Jersey ... test contrary to N.J.S.A. 39:4-50.2. The matter was tried de novo on appeal from a ... station. At headquarters, the police read a statement of Miranda 2 rights to defendant and read the full text of the ... DEFENDANT PURSUANT TO N.J.S.A. 39:4-50.2 IS NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD ... was so plainly unwarranted that the interests of justice demand[ed] intervention and correction." Here, the Law Division judge agreed with ... those charges at the conclusion of the municipal court trial. 2 Miranda v. Arizona , 384 U.S. 436 , 86 S. ...

docket:	a4132-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-04
status:	unpublished
citation:
Document Size:	22851

3607 RITA M. RHYNE v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 330

... from that determination, but we dismissed her appeal on November 2, 2010, due to a failure of prosecution. See Encompass Ins ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L.Ed.2d 245 (1980)). We are not otherwise authorized to substitute ... of Alcoholic Beverage Control v. Maynards, Inc. , 192 N.J. 158 , 183 (2007). Consequently, our role in reviewing a decision of ... whether its decision comports with Federal and State constitutional requirements; (2) whether its action violates express or implied legislative policies; (3 ... on a showing of the relevant factors." In re Taylor , 158 N.J. 644 , 656 (1999) (quoting Brady v. Bd. ...

docket:	a3124-09
court:	superior court trial
decided:	2011-02-28
status:	unpublished
citation:
Document Size:	15587

3608 STATE OF NEW JERSEY v. BENJAMIN COX -- rank: 330

... was ineffective in failing to: (1) properly investigate his case; (2) communicate with him and discuss any aspects of his testimony ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), that failure to do so would ... S. at 687-94, 104 S. Ct. 2064 -69, 80 L. Ed. 2d at 693-98 (in order to establish a claim ... PCR judge is without merit warranting any further discussion. R. 2:11-3(e)(2). Defendant was sentenced to terms ...

docket:	A0656-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-02
status:	unpublished
citation:
Document Size:	35160

3609 STATE OF NEW JERSEY v. LEMONT LOVE -- rank: 330

... third degree forgery, N.J.S.A. 2C:21-1a(2), and one count of fourth degree theft or unlawful receipt ... withdraw his guilty plea. The motion was denied on July 2, 2010. On December 8, 2010, the trial judge sentenced defendant ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and subsequently adopted by our Supreme ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Second, he or she must show ...

docket:	a0480-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-14
status:	unpublished
citation:
Document Size:	19533

3610 SHERRY ROGERS v. PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 330

... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... have reached a different result itself." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). If, however, our ... not entitled to judicial deference and must be set aside. L.M. v. Div. of Med. Assistance & Health Servs. , 140 N ... simply rubber-stamp an agency's decision. In re Taylor , 158 N.J. 644 , 657 (1999). We recognize that "the ...

docket:	a1949-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-14
status:	unpublished
citation:
Document Size:	17851

3611 STATE OF NEW JERSEY by the DEPARTMENT OF ENVIRONMENTAL PROTECTION v. BAY HEAD IMPROVEMENT ASSOCIATION -- rank: 330

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2904-17. Peter H. Wegener argued the cause for appellant ... valued the property and fixed just compensation at more than $2 million. A jury determined defendant was entitled to zero compensation ... are unpersuaded by these contentions and affirm. A-2413-19 2 I. We reject defendant's argument that the judge erred ... citing 4A Nichols on Eminent Domain § 14A.04 (3d ed. rev. 1997)). To determine just compensation and whether a condemnee ... accepting the contradictory positions' that on the one hand, the 2.93 acres encumbered by the easement and the 2.37 acres of unencumbered land lost all economic value, ...

docket:	a2413-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-12
status:	Unpublished
citation:
Document Size:	54541

3612 ANTHONY PACE v. ELIZABETH BOARD OF EDUCATION -- rank: 330

... Court of New Jersey, Law Division, Union County, Docket No. L-3653-07. Samuel J. Samaro argued the cause for appellants ... disability or perceived disability for a work-related injury, and (2) wrongful discharge in retaliation for the filing of a petition ... hiring policies discriminated against him because of his Italian ancestry. 2 On this aspect of the jury's verdict, we affirm ... Cascio because no hearsay exception applies. Under Rule 1:7-2, in order to preserve a question for appeal, "a party ... N.J. Super. 378 , 381 (App. Div. 1975)), certif. denied , 158 N.J. 687 (1999). The objection must be made in ... have been clearly capable of producing an unjust result." R. 2:10-2. "Traditional rules of appellate review require substantial ...

docket:	a4995-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-10
status:	unpublished
citation:
Document Size:	36819

3613 MONICA TUMAN v. MICHAEL TUMAN -- rank: 330

... Lynne M. Machtemes argued the cause for appellant (Iacullo Martino, L.L.C., attorneys; Ms. Machtemes, on the brief). Monica Tuman, respondent ... which activities fall within defendant’s monthly child support payment; (2) which activities are extraordinary expenses; (3) which extraordinary expenses are ... judge further found that some expenses were "'extraordinary' and warrant[ed] an additional payment beyond a set child support obligation." In ... tax income to be $90,066 ($70,434 after taxes). 2 On cross-examination, plaintiff's counsel challenged the methodology used ... that he: 1) improperly utilized a change in circumstances analysis; 2) failed to apply the child support guidelines; 3) improperly ...

docket:	a0569-09
court:	superior court appellate division
decided:	2011-01-21
status:	Unpublished
citation:
Document Size:	23933

3614 STATE OF NEW JERSEY v. TERRELL SANDERS -- rank: 330

... 4). For sentencing purposes, count 1 was merged with count 2, for which a mandatory extended term of ten years with ... to fair comments on the evidence presented. State v. Frost , 158 N.J. 76 , 83 (1999). Moreover, not every prosecutorial impropriety ... defendant's belated challenge under the plain error standard, Rule 2:10-2, to determine whether the judge's response was clearly capable ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). "'When a jury requests a clarification,' ...

docket:	a3377-07
court:	superior court appellate division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	63655

3615 STATE OF NEW JERSEY v. LESTER ALFORD -- rank: 328

... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984), and under Article I, ¶ 10 ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). Then, defendant also must show that the ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. In State v. Porter , 216 N. ...

docket:	a2418-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	unpublished
citation:
Document Size:	17704