Search Rutgers Law Library N.J. Court Opinions

3901 /usr/local/share/www/libweb/collections/courts/appellate/a3620-12.opn.html -- rank: 306

... stated it was Sowell. A police witness at the Wade 2 hearing initially stated Porter was arrested on foot, then, upon ... J. 429 , 442 (2012); Slater , supra , 198 N.J. at 158-59. A trial court is to consider and balance the ... on appeal lack sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). We address them briefly. Julney argues that his trial counsel ... 668, 687, 694, 104 S. Ct. 2052, 2064, 2068, 80 L. Ed. 2d 674, 693, 698 (1984) (defendant must establish (1) ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37142

3902 STATE OF NEW JERSEY v. ISHMAEL BAILEY -- rank: 306

... that he would be subject to parole supervision for life; (2) he did not understand the significance of his guilty pleas ... contentions are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). Defendant has not established a prima facie case of ineffective ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... advantage to the accused. Slater , supra , 198 N.J. at 158-61. Judge Cronin first determined that defendant had not asserted ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our ...

docket:	a2511-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-06
status:	unpublished
citation:
Document Size:	29637

3903 CONDUIT AND FOUNDATION CORPORATION, Plaintiff v. HARTFORD CASUALTY INSURANCE COMPANY, et al. -- rank: 306

... appellant     (Saiber Schlesinger Satz & Goldstein, attorneys;     Ms. DiSomma and Diana L. Parmer, on the brief).     John C. Simons argued the cause ... Moran, Dunst & Doukas, attorneys;     James B. Moran, of counsel; Jacquelyn L. Poland,     on the brief).          The opinion of the court was ... estopped from denying coverage to it as such. See footnote 2 2     Universal had a business automobile policy with Providence which covered ... Super. 584 , 594 (App. Div. 1998), aff'd o.b. , 158 N.J. 104 (1999) (injuries from assault to student while ... 17 (quoting 7A Appelman Insurance Law and Practice § 4500 (Berdal ed. Supp. 1990). We held that because the claim of ...

docket:	a2953-98
court:	njappellate
decided:	2000-03-08
status:	published
citation:	329 N.J.Super. 91
Document Size:	49011

3904 STATE OF NEW JERSEY v. KIMBERLY KILLION -- rank: 306

... to assault by auto, N.J.S.A. 2C:12-l(c)(3). We affirm. I. We recite the facts from ... treated. Defendant was transported to the hospital A-3724-20 2 and consented to officers obtaining a blood sample. Defendant’s ... AND VOLUNTARY IN NATURE IN VIOLATION OF [RULE] 3:9-2. POINT II DEFENDANT SHOULD HAVE BEEN PERMITTED TO WITHDRAW HER ... required to satisfy both prongs of the standard establishing that: (l) counsel's performance was deficient and he or she made ... by the Sixth Amendment to the United States Constitution; and (2) the defect in performance prejudiced defendant's rights to a ... by a Warren2 argument at sentencing . . . and the forfeiture of 2 Under Warren, a defendant has the right to argue ...

docket:	a3724-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	26081

3905 STATE OF NEW JERSEY v. MARTINE J. TAYLOR -- rank: 306

... required to establish the commission of the offense charged; or (2)  It consists of an attempt or conspiracy to commit the ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We add the following brief remarks. We apply the plain ... standard here because defendant did not object at trial. R. 2:10-2. "Under that standard, '[a] reviewing court may reverse on the ... to the scope of the evidence presented. State v. Frost , 158 N.J. 76 , 82 (1999). Defense counsel's failure ...

docket:	a4745-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	32968

3906 JOAN HAGGERTY v. CROTHALL SERVICE GROUP - -- rank: 306

... and workers' compensation approved, four platelet-rich A-4478-17T4 2 plasma injections. When petitioner did not obtain relief from these ... it would have reached a different result.' In re Taylor, 158 N.J. 644, 657 (1999). Under the Workers' Compensation Act ... 4478-17T4 6 N.J.A.C. 12:235-3.2(a). The motion is to contain '[a]ffidavits or certifications ... treatment being sought.' N.J.A.C. 12:235-3.2 (b) (2). Respondent shall file an answer within certain time frames. N.J.A.C. 12:235-3.2(d). Under the regulations, [a]ffidavits, certifications and medical ...

docket:	a4478-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	18875

3907 DANIELLE INFANTE v. JENNIFER KORTMAN -- rank: 306

... leased an apartment to defendants for a one-year term. 2 Defendants agreed to pay plaintiff $2175 on the fifteenth of ... of the lease term, "less any charges expended by the [l]andlord for damages to the [p]roperty resulting from [t ... it. In response, Jennifer sent plaintiff an email on October 2, 2013. She stated, "You have the money in security to ... she sent to defendants, as well as Jennifer's October 2, 2013 email advising plaintiff to keep the security deposit and ... information. The judge also did not address Jennifer's October 2, 2013 email to plaintiff, which stated that defendants did not ... the Special Civil Part. N.J.R.E. 101(a)(2)(A). . . . The test is relevance and trustworthiness." Penbara v. ...

docket:	a0747-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	33532

3908 State v. Andrew J. Fede -- rank: 306

... “refusing to unchain his door,” he “creat[ed] an obstacle, which prevented the police from performing their official ... allegations of domestic violence within the apartment. (pp. 8-10) 2. Charging defendant with obstruction for refusing to unchain the door ... the explicit means by which one may be criminally liable 2 for obstruction and requires affirmative interference. Otherwise, the outer contours ... call originating from Reece’s home. 222 N.J. at 158. Once the Court established that the officers’ warrantless entry was ... judgment of the Appellate Division and vacate defendant’s conviction. 2 I. A. We glean the following facts from the record ... “refusing to unchain his door,” he “creat[ed] an obstacle, which prevented the police from performing their ...

docket:	a-53-17
court:	NJ Supreme Court
decided:	2019-03-12
status:
citation:	237 N.J. 138 202 A.3d 1281
Document Size:	38069

3909 GUIDEONE MUTUAL INSURANCE CO., as Subrogee of The Rock Church v. ANTHONY COMITO, ET AL. -- rank: 306

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-691-06. Norman W. Briggs argued the cause for appellant ... of Joel B. Albert, P.C., attorneys; Mr. Briggs, Michele L. Weckerly and Joel B. Albert, on the brief). Renee E ... matter of law to be determined by the court. Nat'l Union Fire Ins. Co. v. Transp. Ins. Co. , 336 N ... policy of insurance than the one purchased. Gibson v. Callaghan , 158 N.J. 662 , 670 (1999). In other words, courts should ... because they are generally considered contracts of adhesion. Gibson , supra , 158 N.J. at 669. Therefore, ambiguities are usually resolved in ... case within the exclusion. American Motorist s Ins. Co. v. L-C-A Sales Co. , 155 N.J. 29 , 41 ( ...

docket:	A2405-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-31
status:	unpublished
citation:
Document Size:	48677

3910 CITY OF ATLANTIC CITY, BY CITY COUNCIL CITY OF ATLANTIC CITY v. JOSEPH G. GINDHART, ESQ. et al. -- rank: 306

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-1056-04. Daniel J. Gallagher argued the cause for appellant ... to grant leave to appeal as within time. See R. 2:4-4(b)(2); R. 1:1-2. Because the authority to commence litigation on behalf of the ... dismissed , 365 U.S. 648 , 81 S. Ct. 834, 5 L. Ed.2d 857 (1961). The Supreme Court has held that ...

docket:	A0645-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-29
status:	unpublished
citation:
Document Size:	38925

3911 JAMES J. PROCOPIO, JR. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY -- rank: 306

... Court of New Jersey, Law Division, Camden County, Docket No. L-6191-11. Feeda R. Musitief (Fine and Staud, LLP) argued ... claim. We agree. In general, pursuant to Rule 4:10-2(a), a party can obtain discovery regarding any non-privileged ... denied , 185 N.J. 296 (2005)). Under Rule 4:38-2, the trial court may order a separate trial of any ... 248, 254-55, 57 S. Ct. 165, 165-66, 81 L. Ed. 153, 158 (1936).] In Taddei v. State Farm Indemnity Co. , 401 ...

docket:	a2313-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-21
status:	published
citation:	433 N.J.Super. 377 80 A.3d 749
Document Size:	22940

3912 /usr/local/share/www/libweb/collections/courts/appellate/a5477-13.opn.html -- rank: 306

... appellant (Critchley, Kinum & DeNoia, LLC, attorneys; Mr. Critchley and Christopher L. Fox, on the brief). Andrew Burroughs, Special Deputy Attorney General ... degree eluding law enforcement, N.J.S.A. 2C:29-2(b); third-degree burglary, N.J.S.A. 2C:18-2; and third-degree possession of cocaine, N.J.S.A ... violated probation in the Bergen and Somerset cases as well. 2 On October 12, 2007, defendant was re-sentenced on this ... of removal from the Immigration Court in 2003. On April 2, 2010, Immigration and Customs Enforcement issued a second immigration detainer ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21761

3913 STATE OF NEW JERSEY v. DIEGO VALLEJO -- rank: 306

... Defendant-Appellant. ________________________________________________________________ Argued January 7, 2008 - Decided Before Judges S.L. Reisner, Gilroy and Baxter. On appeal from Superior Court of ... a reasonable doubt. State v. D.A. , 191 N.J. 158 , 163 (2007). Defendant argues that he should be acquitted on ... 295 N.J. Super. 459 , 468 (App. Div. 1996); R. 2:10-2. When determining whether a curative instruction is adequate, the Court ... adequate because (1) the court struck the offending remark immediately, (2) the court gave the curative instruction immediately after a brief ... not clearly capable of producing an unjust result. See R. 2:10-2. V. In Point IV, defendant argues that ...

docket:	a6124-05
court:	njappellate
decided:	2008-01-25
status:	published
citation:	*CITE_PENDING*
Document Size:	50455

3914 STATE OF NEW JERSEY v. BRIAN T. NEILSEN -- rank: 306

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On Count Six (second degree aggravated assault), the judge imposed ... due to the absence of timely objections at trial. R. 2:10-2. We will reverse only if any error has the clear ... the face of overwhelming evidence of guilt. State v. Frost , 158 N.J. 76 , 87 (1999). We acknowledge that a prosecutor ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). The argument constructed by the prosecutor ...

docket:	A2821-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-25
status:	unpublished
citation:
Document Size:	70201

3915 STATE OF NEW JERSEY v. USAMA ZAGHLOL -- rank: 306

... fourth-degree false swearing, N.J.S.A. 2C:28-2. Defendant was sentenced to a four-year suspended prison term ... fourth-degree false swearing, N.J.S.A. 2C:28-2. The charges arose from defendant’s testimony in the 2009 ... under oath or equivalent affirmation, or sw[ore] or affirm[ed] the truth of a statement previously made, when the statement ... 28-1(a). Under N.J.S.A. 2C:28-2, false swearing in the fourth-degree requires proof of the ... May 1990 until he moved out on April 13, 1999; (2) the basement was converted into an apartment, with a separate ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76, 83 (1999); State v. Loftin , 146 ...

docket:	a1456-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-20
status:	unpublished
citation:
Document Size:	30818