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4156 FRANK AMOS v. CITY OF NEWARK -- rank: 280

... JR.; CHIEF OF POLICE ANTHONY F. AMBROSE, III; and OFFICER ED SUERO, Defendants. _______________________________ Argued March 16, 2009 - Decided Before Judges Carchman ... Court of New Jersey, Law Division, Essex County, Docket No. L-5867-05. Diego F. Navas, Assistant Corporation Counsel, argued the ... NOT MEET THE THRESHOLD OF N.J.S.A. 59:2-10 AS IT IS CLEAR THAT THE PLAINTIFF'S PROOFS ... TO CHARGE THE JURY ON N.J.S.A. 59:2-10 CONSTITUTED A MISCARRIAGE OF JUSTICE. P O INT IX ... or professional nursing service. [ N.J.S.A. 59:9-2(d).] "To recover under the [TCA] for pain and suffering ... the plaintiff to get out of his van. Id. at 158. At gunpoint, the plaintiff was directed to kneel on ...

docket:	a4449-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
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4157 /usr/local/share/www/libweb/collections/courts/appellate/a1473-19.opn.html -- rank: 280

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3220-19. Leo H. Wagner, appellant pro se. Cleary Giacobbe ... guilty of official misconduct, N.J.S.A. 2C:30-2, due to their handling of the investigation A-1473-19 2 of the accident. Additionally, plaintiff filed a civilian complaint against ... sanctioning the officers. Additionally, plaintiff complained the municipal prosecutor 'steer[ed] clear of the actual facts of the accident' and the ... moved to dismiss the complaint pursuant to Rule 4:6-2; alternatively, they sought summary judgment against the plaintiff. On November ... in him or her, N.J.S.A. 59:3-2; the good faith execution or enforcement of law, N. ...

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4158 /usr/local/share/www/libweb/collections/courts/appellate/a2988-20.opn.html -- rank: 280

... parties stated they had 'concluded their business relationship' and 'wish[ed] to amicably resolve any and all disputes between them, and ... agreed that consideration would 'constitute the entire A-2988-20 2 amount of consideration provided to him under this Agreement' and ... and agree[d] that, as of the date he sign[ed] this Agreement, he ha[d] been properly paid for all ... proceed 'solely on its [m]otion to [d]ismiss for [l]ack of [j]urisdiction.' Petitioner's counsel agreed to those ... under normal circumstances, would have exceeded the [s]tatute of [l]imitations by almost nine months and would have resulted in ... included the fingers, and thereby extended the [s]tatute of [l]imitations.' Even though the hearing had been limited to ...

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court:	NJ Superior Court Law/Chancery Division
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4159 STATE OF NEW JERSEY v. MICHAEL D. MILLER -- rank: 280

... also be found at 449 N.J.Super. 460 or 158 A.3d 1185. (NOTE: The status of this decision is ... with Megan's Law, N.J.S.A. 2C:7-2, and to pay the appropriate fines, penalties, and assessments. Defendant ... find any error in its admission to be harmless. R. 2:10-2. It is clear from Bruccoliere's testimony that he possessed ... the victim ( N.J.S.A. 2C:44-1(a)(2)); three, the risk defendant will commit another offense ( N.J ... defendant's sentence unless (1) the sentencing guidelines were violated; (2) the aggravating and mitigating factors found by the sentencing ...

docket:	a0459-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 460 158 A.3d 1185
Document Size:	47677

4160 Jarrell McKenney et al. V. Jersey City Medical Center et al. -- rank: 280

... to trial that there will be such a change, and 2) whether plaintiffs were entitled to a mistrial when the anticipated ... disclosure to the court and opposing counsel. (Pp. 11-16) 2. Although the McKenney's attorney did not make a formal ... trial preparation and after they had concluded their evidentiary presentation; 2) there was only a narrow window of time where an ... membranes may protrude. Stedman's Medical Dictionary 1315 (5th Lawyers' ed. 1982).     In addition, as explained by the Appellate Division:     If ... U.S. 677 , 683, 78 S. Ct. 983 , 986-87, 2 L. Ed.2d 1077 , (1958). “Modern litigation is too time ...

docket:	a-33-00
court:	njsupreme
decided:	2001-05-16
status:
citation:	167 N.J. 359
Document Size:	52525

4161 STATE OF NEW JERSEY v. DARYL NORMAN -- rank: 280

... the yard. Barone followed defendant in his unmarked police car. 2 At one point, Barone saw defendant lean down into a ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. Stated differently, defendant must "demonstrate that the jury instruction was ... thus not a firearm as a matter of law; or (2) whether the gun was so damaged and mutilated that it ... means to bring about a just one." State v. Frost , 158 N.J. 76 , 83 (1999). In reviewing the trial record ... a post-conviction relief petition filed under Rule 3:22-2. F inally, defendant's arguments concerning the sentence imposed ...

docket:	a2925-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-17
status:	unpublished
citation:
Document Size:	30742

4162 STATE OF NEW JERSEY v. MARVIN ROMERO -- rank: 280

... 1438. Yvonne Smith Segars, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... error was clearly capable of producing an unjust result. R. 2:10-2. Not any possibility of an unjust result will suffice. The ... denied , 374 U.S. 816 , 83 S. Ct. 1710 , 10 L. Ed.2d 1039 (1963). The prosecutor's comment that he was ... prejudicial at the time they were made." State v. Frost , 158 N.J. 76 , 83-84 (1999) (citing State v. ...

docket:	A0817-03
court:	NJ Superior Court Appellate Division
decided:	2006-03-21
status:	unpublished
citation:
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4163 STATE OF NEW JERSEY v. SUVASISH MUKHERJEE -- rank: 280

... for appellant/cross-respondent (John Appello, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent/cross-appellant (Annmarie ... defendant's arguments. Around 3:40 a.m. on March 2, 2010, State Trooper Mark Novembrino found defendant "slumped over" the ... to perform a horizontal gaze nystagmus sobriety test (HGN test). 2 Defendant had six out of six "positive hits" on the ... reliability of the Alcotest machine, including: (1) the calibration report; (2) the new standard solution report; and (3) the certificate of ... the State failed to prove his operation of the vehicle; 2) Novembrino lacked probable cause to arrest him; and 3) the ... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the Supreme Court ...

docket:	a3031-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-09
status:	unpublished
citation:
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4164 G. PHILIP LEWIS v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 280

... continuous service." See footnote 1 or the JTPA. See footnote 2 The Salem County Board of Chosen Freeholders passed a resolution ... 2A Norman J. Singer, Sutherland Statutory Construction §47:18 (6th ed., 2000) (quoted with approval in Stryker Corp. v. Dir. Div ... statutes applicable to PERS, Burkhart v. Pub. Emp. Ret. Sys. , 158 N.J. Super. 414 , 420 (App. Div. 1978), and as ... because it was more specific but also because it "result[ed] from a more recent act of the Legislature." Maressa v ... denied , 459 U.S. 907 , 103 S. Ct. 211 , 74 L. Ed.2d 169 (1982). The fact that subsection (b), in ...

docket:	A1093-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-09
status:	published
citation:	366 N.J. Super. 411 841 A.2d 483
Document Size:	21970

4165 LOUIS O\'NEAL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... another count of murder. On April 1, 2009, at approximately 2:20 p.m. Senior Corrections Officer C. Tripp was pat ... that point, according to Tripp, he asked Corrections Officer J.L. Murray to escort O'Neal from the back of the ... J.A.C. 10A:4-4.1(a). On April 2, 2009, at 3:45 p.m., Sergeant C. Ennals served ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644 , 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We may not vacate an agency' ...

docket:	a5427-08
court:	superior court appellate division
decided:	2010-07-19
status:	unpublished
citation:
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4166 STATE OF NEW JERSEY v. DIANA M. HOFFMAN -- rank: 280

... PER CURIAM Defendant Diana M. Hoffman appeals from an April 2, 2015 order denying her petition for post-conviction relief (PCR ... with second degree eluding, N.J.S.A. 2C:29-2(b). A Monmouth County grand jury charged her with both ... occurred after the Monmouth County sentencing." Following argument, Judge Susan L. Claypoole issued a written opinion, denying defendant's petition and ... S. 668 , 687-88, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), adopted by our Supreme Court in ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997) . Whether to conduct an evidentiary ...

docket:	a4272-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	18953

4167 STATE OF NEW JERSEY v. RAHIM MUHAMMAD -- rank: 280

... intent to distribute, cocaine, N.J.S.A. 2C:5-2, (count one); third degree possession of cocaine, N.J.S ... object to the question, the plain error standard applies. R.  2:10-2. Although the question was in error, we find that it ... to give it, so the plain error standard applies. R. 2:10-2. Whether the failure to give an identification charge constitutes plain ... not sufficient to warrant discussion in a written opinion. R. 2:11-3(e)(2). Affirmed. At the end of ...

docket:	a0412-08
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
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4168 STATE OF NEW JERSEY v. M.S -- rank: 280

... Division, Cape May County, Indictment No. 09-11-00918. Robert L. Taylor, Cape May County Prosecutor, attorney for appellant (J. Vincent ... statement of reasons tracked the statutory factors to be "consider[ed] in formulating the[] recommendation," N.J.S.A. 2C:43 ... the case," N.J.S.A. 2C:43-12(e)(2), acknowledging defendant asserted he did not know the sale of ... of items that have one purpose, injuring other people"; and (2) general deterrence, to "send the message that the proliferation of ... s motion to compel his admission. This appeal ensued. R. 2:2-3(a). PTI is "a discretionary program diverting criminal ...

docket:	a1459-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-20
status:	unpublished
citation:
Document Size:	34175

4169 STATE OF NEW JERSEY v. CARLOS E. NAVARRO -- rank: 280

... 2017. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... of the length of the parole ineligibility term. On September 2, 2008, a customs and border patrol agent at JFK Airport ... examines a defendant on the differences between a post- Miranda [ 2 ] statement and testimony at trial."); State v. Elkwisni , 190 N ... involve governmental compulsion. State v. Brown , 190 N.J. 144 , 158 (2007). Defendant's attempt at destroying the evidence by swallowing ... do not warrant further discussion in a written opinion. R. 2:11-3(e)(2). Affirmed as to the convictions, but remanded for resentencing. ...

docket:	a4506-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
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4170 1MARION JACOBS v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... 1(a). We affirm. I. The First Violation On November 2, 2010, Senior Corrections Officer (SCO) Elly 2 ordered Jacobs to transfer from housing unit 7up to unit ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644, 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We will not upset the determination of ... Id. at 525. N.J.A.C. 10A:4-9.2 addresses the notice inmates are entitled to: The disciplinary ...

docket:	a2575-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	21225