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406 STATE OF NEW JERSEY v. MUMEEN A. STARKS -- rank: 600

... on the brief). PER CURIAM Defendant appeals from a December 2, 2014 order, denying his first petition for post-conviction relief ... murder, N.J.S.A. 2C:11-3(a)(1)(2); second-degree aggravated assault, N.J.S.A. 2C:12 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 The convictions stemmed from defendant firing several gunshots at ... was ineffective for: (1) failing to present an alibi defense; (2) failing to advise defendant about his right to testify at ... the case outside the presence of defendant and PCR counsel. 2 Judge Leath also permitted PCR counsel to cross-examine trial ... checking on him at approximately 11:00 p.m. and 2:00 a.m. and he was asleep with his ...

docket:	a3586-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-24
status:	unpublished
citation:
Document Size:	72602

407 STATE OF NEW JERSEY v. JOHN DONATO -- rank: 600

... Falls at 6 a.m. and returned home at about 2:45 p.m. to find Lora "bombed." There was a ... that Lora was intoxicated at Angela's christening on January 2, 2000. She confronted Lora at the church and later at ... objections, Lora returned home. Two days later, on Friday, February 2, 2001, Celmer picked up Lora and the children to stay ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed.2d 1314 , 1321 (1935); State v. Loftin , 146 N.J ... carry the full authority of the State, State v. Frost , 158 N.J. 76 , 87-88 (1999), "a prosecutor must ...

docket:	a5059-02
court:	njappellate
decided:	2006-06-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	174088

408 State of New Jersey v. Sulaiman A. Sloane -- rank: 597

... inappropriate in the conduct of the police. (pp. 7-11) 2. The Court turns next to the question whether the check ... U.S. 544, 554, 100 S. Ct. 1870, 1877, 64 L. Ed. 2d 497, 509 (1980)). Another way to measure the coercive ... California , ___ U.S. ___, 127 S. Ct. 2400, 2405-06, 168 L. Ed. 2d 132 (2007) (quoting Florida v. Bostick , 501 U.S. 429, 436, 111 S. Ct. 2382, 2387, 115 L. Ed. 2d 389, 400 (1991)). Temporary detention during an ...

docket:	a-40-06
court:
decided:	2008-02-11
status:
citation:	193 N.J. 423
Document Size:	93855

409 STATE OF NEW JERSEY v. G.L.W. -- rank: 597

... 5751-10T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. G.L.W., Defendant-Appellant. ___________________________________ October 26, 2012 Argued September 11, 2012 ... Foddai, Senior Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and on the brief). PER CURIAM Defendant G.L.W., to whom we refer using the pseudonym Gloria, appeals ... sexual assault, contrary to N.J.S.A. 2C:14-2(a)(1), and one count of sexual assault, contrary to N.J.S.A. 2C:14-2(b). We affirm. I. We discern the following facts and ... sex offender pursuant to N.J.S.A. 2C:7-2 and imposed a special sentence of parole supervision for ...

docket:	a5751-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	64152

410 STATE OF NEW JERSEY v. GERALDO RIVERA -- rank: 597

... Early Release Act, N.J.S.A. 2C:43-7.2, and to a concurrent fifteen months' imprisonment for fourth-degree ... 443 U.S. 307 , 319, 99 S. Ct. 2781 , 61 L. Ed.2d 560 (1979) (constitutional standard for evidence adequate to withstand ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935))). This case demonstrates the need to stress ... U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. Ed.2d 705 , 710-11 (1965). Reversal of a ...

docket:	a4887-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	published
citation:	437 N.J.Super. 434 99 A.3d 847
Document Size:	78450

411 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 597

... Round Rules) adopted pursuant to the Fair Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D ... Cnty. NAACP v. Twp. of Mount Laurel , 92 N.J. 158 (1983) [hereinafter Mount Laurel II ] (citing S. Burlington Cnty. NAACP ... municipality’s actual residential and employment growth. (pp. 29-36) 2. The Court imposed a judicial remedy in Mount Laurel II ... Middletown ( Jeffrey R. Surenian and Associates , attorneys; Mr. Surenian , Nancy L. Holm , Michael A. Jedziniak , and Donna A. McBarron , on the ... Mr. Moore and Peter M. Flannery , on the brief). Jeffrey L. Kantowitz argued the cause for respondents Kenneth Martin, Alice Martin ... of New Jersey Foundation ( Mr. Chen , attorney; Mr. Chen , Edward L. Barocas , Jeanne M. Locicero , and Alexander R. Shalom , of ...

docket:	A-90-10
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:
Document Size:	269213

412 STATE OF NEW JERSEY v. J.R.D. -- rank: 597

... JERSEY, Plaintiff-Respondent, v. J.R.D., Defendant-Appellant. ________________________________________________________________ November 2, 2012 Submitted January 31, 2012 - Decided Before Judges Messano, Espinosa ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a ... joint custody. The jury found defendant guilty on all charges. 2 The court sentenced defendant to a twenty-year term with ... error was "clearly capable of producing an unjust result." R. 2:10-2; State v. Walker , 203 N.J. 73, 89 (2010). ...

docket:	a3476-08
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	62946

413 STATE OF NEW JERSEY v. ERIC E. POTTER -- rank: 597

... to distribute, N.J.S.A. 2C:35-5(b)(2) (count two); and third-degree possession of heroin with the ... bricks of heroin," Warraich concluded that the bag contained drugs. 2 Warraich immediately placed Potter under arrest and removed the plastic ... and order denying the motion six days later. On December 2, Potter filed a motion to suppress the statements he made ... police coerced him to make the statement through a promise; (2) that he was suffering from heroin withdrawal at the time ... any promise, much less a promise that overbore his will, (2) that there was no evidence presented that he was suffering ... and-a-half waxine folded-up envelope with . . . a stamp[ed] brand[] on it." According to Snowden, a glassine packet ...

docket:	a1175-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	81177

414 STATE OF NEW JERSEY v. DAVID TERRELL STARR -- rank: 597

... COURT'S RULING PRELCUDING THE DEFENDANT FROM ADMITTING PROOF OF L.J.'S GANG INVOLVEMENT TO SHOW THIRD-PARTY GUILT CONSTITUTED ... residence and was directed to the basement, where he observed L.J. laying on a mattress in the rear of the basement. L.J. was alive, but his heart rate was rapid and ... scene and attempted to perform medical treatment upon the victim. L.J. was pronounced dead at 7:43 a.m. He ... a television. Dr. Leonard Zaretski (Zaretski) performed an autopsy on L.J.'s body the following day. Zaretski testified that L.J. died as a result of two gunshot wounds ...

docket:	A1589-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-09
status:	published
citation:
Document Size:	82335

415 STATE OF NEW JERSEY v. JASON JONES -- rank: 597

... degree murder, N.J.S.A. 2C:11-3a(1)(2), and other related offenses. He entered into a negotiated plea ... Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). At the time of his plea, defendant admitted to ... not reasonably have been raised in any prior proceeding; or (2) that enforcement of the bar to preclude claims, including one ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. Preciose , 129 N.J. , 451 ... agreement under N.J.S.A. 2C:11-4(b)(2), as opposed to the aggravated manslaughter agreement he received. ...

docket:	a1150-09
court:	superior court appellate division
decided:	2011-01-06
status:	Unpublished
citation:
Document Size:	36265

416 Vandella Davis v. Devereux Foundation -- rank: 597

... protect them from harm caused by employees’ intentional acts; and (2) whether the employee in this case could be found to ... assault upon Davis under Restatement (Second) of Agency § 219(2)(c) (1958) ( Restatement ), and whether a rational factfinder could find ... an absolute or “non-delegable” duty. (pp. 17-25) 2. The Court reaffirms that under traditional negligence principles—and subject ... vulnerable members of society like Davis becomes “pervasive”; and (2) on the issue of respondeat superior, the majority ignores significant ... New Jersey State Police also investigated the incident. A November 2, 2004 interview of McClain conducted by the State Police includes ... denied , 300 U.S. 665 , 57 S. Ct. 509 , 81 L. Ed. 873 (1937), the Appellate Division panel reversed the ...

docket:	A-54-10
court:	NJ Supreme Court
decided:	2012-02-29
status:
citation:
Document Size:	190954

417 State v. Christopher Romero -- rank: 597

... requested a cross-racial identification charge. See State v. Cromedy , 158 N.J. 112 (1999) (establishing when a jury must receive ... have difficulty identifying members of another race. (pp. 9-10) 2. Cromedy focused plainly on the impact of race on eyewitness ... to address this �cross-ethnic� identification. See State v. Cromedy , 158 N.J. 112 (1999) (establishing when jury must receive instruction ... robbery, N.J.S.A. 2C:15-1 and 2C:2-6 (Count One); third-degree attempted theft, N.J.S.A. 2C:43-7.2. In respect of Counts Three and Four, the court sentenced ... is not corroborated by other evidence giving it independent reliability.� 158 N.J. at 132. Writing for the Court, Justice ...

docket:	a-109-05
court:	njsupreme
decided:	2007-05-21
status:
citation:	*CITE_PENDING*
Document Size:	69135

418 NEW JERSEY DEPARTMENT OF v. EXXON MOBIL CORPORATION -- rank: 597

... Court of New Jersey, Law Division, Union County, Docket Nos. L-3026-04 and L-1650-05. Richard F. Engel, Deputy Attorney General, argued the ... statute of limitations, N.J.S.A. 2A:14-1.2, from pursuing a common law strict liability claim against defendant ... a claim for relief based on common law strict liability. 2 The Law Division judge concluded that the statute of limitations ... statute of limitations. N.J.S.A. 2A:14-1.2. Caldeira , supra , 171 N.J. at 408-09 (quoting N ... 66 , 76 (1991)). N.J.S.A. 2A:14-1.2(a) provides: a. Except where a limitations provision expressly ...

docket:	a0314-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	published
citation:	420 N.J. Super. 395 22 A.3d 1
Document Size:	55244

419 JACK NEWMAN, et al. v. EUGENE NEWMAN -- rank: 597

... the Superior Court of New Jersey, Law Division, Civil Part, L-7369-02. Barbara L. Newman argued the cause for appellants. Karen L. Jordan, Deputy Attorney General, argued the cause for respondents State ... for the wrongful death of decedent (counts one through three); (2) West New York, its police department, Detective Bureau and Prosecutor ... and medical examiner's office. Decedent was pronounced dead at 2:22 a.m. on November 23, 2000. An autopsy of ... family was concerned regarding an autopsy. III Rule 4:46-2(c) provides that a summary judgment motion should be ...

docket:	a6710-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	156229

420 /usr/local/share/www/libweb/collections/courts/appellate/a4230-11a4231-11.opn.html -- rank: 595

... Defendant-Appellant. _______________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. JESSE L. JOURDEN, Defendant-Appellant. _______________________________ September 11, 2014 Argued (A-4230-11 ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Jesse L. Jourden (Steven E. Braun, Designated Counsel, on the brief). Erin ... Acting Assistant Prosecutor, on the brief). PER CURIAM Defendant Jesse L. Jourden and co-defendant Patrick J. Komoroski appeal from their ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendants challenge the sufficiency of the State's ... EVIDENCE. POINT IX THE MOTIONS PURSUANT TO R .3:18-2 AND R .3:20-1 SHOULD HAVE BEEN GRANTED. POINT ... a statement recounting the incident. The two suspects were Mirandized , 2 arrested, and brought back to headquarters for questioning. Jourden ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79667