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4186 STATE OF NEW JERSEY v. BRIAN VAN ORDEN -- rank: 277

... Early Release Act, N.J.S.A. 2C:43-7.2, pursuant to defendant's plea of guilty to second degree ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Nevertheless, we add the following comments. Defendant did not object ... U.S. 36 , 59 n.9, 124 S. Ct. 1369 , 158 L. Ed.2d 197 (2004). Nor did the introduction of this ...

docket:	a5362-03
court:	njappellate
decided:	2006-11-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30027

4187 STATE OF NEW JERSEY v. AARON P. SCHMIDT -- rank: 277

... 54, 97-104, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The machine permits a maximum of eleven ... take an Alcotest, N.J.S.A. 39:4-50.2, raises two issues for our consideration: (1) are the police ... not respond to my question about submitting breath samples; or (2) tell me that you refuse to answer this question because ... the Alcotest and charge the defendant with refusal. Reversed. 1.2 liters in women over the age of sixty. Miranda ...

docket:	a2237-08
court:	superior court appellate division
decided:	2010-07-01
status:	published
citation:	414 N.J. Super. 194 997 A.2d 1092
Document Size:	39209

4188 RABONE GOOLSARRAN & JAIPERSAUD GOOLSARRAN v. ROBERT RUSHEFSKY -- rank: 277

... of fact which are adequately supported by [the record]." R. 2:11-3(e)(1)(A). On review of a trial ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). Accordingly, there is a presumption favoring deference ... denied , 531 U.S. 926 , 121 S. Ct. 302 , 148 L. Ed.2d 243 (2000). Or, a grandparent may satisfy the ...

docket:	a1084-08
court:	NJ Superior Court Appellate Division
decided:	2009-09-29
status:	unpublished
citation:
Document Size:	35927

4189 STATE OF NEW JERSEY v. MITCHELL WEST -- rank: 277

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following issues: POINT I THE ... denied , 393 U.S. 1043 , 89 S. Ct. 673 , 21 L. Ed.2d 593 (1969). Such inferences may not go beyond facts ... have been clearly capable of producing an unjust result . . . ." R. 2:10-2; State v. Macon , 57 N.J. 325 , 335-36 (1971 ... of defendant's conviction. For instance, in State v. Frost , 158 N.J. 76 (1999) the Court reversed the defendants' ...

docket:	a3402-06
court:	superior court appellate division
decided:	2009-07-21
status:	unpublished
citation:
Document Size:	57840

4190 STATE OF NEW JERSEY v. DOMINICK DI PALMA -- rank: 277

... invoking Miranda rights: "(1) the original interrogation is promptly terminated; (2) the questioning is resumed only after 'the passage of a ... standard because defendant failed to raise it at trial. R. 2:10-2. In Dixon , we held that "a person may be found ... to any person." Id. at 135 (citing State v. Wallace , 158 N.J. 552 , 560 (1999); Apprendi v. New Jersey , 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000); and State v. Johnson , 166 N. ...

docket:	a5059-04
court:	njappellate
decided:	2006-07-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38871

4191 DEBORAH & TOM TINDAL VS JOHN SMITH, ET AL -- rank: 272

... attorneys for respondent John         Smith (Christopher J. Christie and Gary L.         Riveles, on the brief).     The opinion of the court was ... the surgery. The jury also concluded defendants had not "deviat[ed] from accepted standards of medical practice." As we understand the ... and had previously seen a doctor for treatment. See footnote 2 She also told Smith that she possibly had Raynaud's ... was a viable alternative. However, he testified that he "offer[ed]" that plaintiff be evaluated by a vascular surgeon, but that ... could have treated the Reynords [ sic ]" and "[n]ot rush[ed] to surgery," and that smoking does not cause RSD. The ... contributing factor to the plaintiff's ultimate injury, (interrogatory No. 2, Pa 158) it was unlikely they would find any ...

docket:	a5426-94
court:	njappellate
decided:	1997-03-26
status:	published
citation:	299 N.J.Super. 123
Document Size:	38304

4192 STATE OF NEW JERSEY v. SAINT H. MERILAN -- rank: 272

... 14 (App. Div. April 24, 2017) (slip op. at 1-2), certif. denied, 231 N.J. 107 (2017), wherein we affirmed defendant's 2014 conviction for reckless A-1006-18T2 2 manslaughter and related weapons possession offenses following a jury trial ... Early Release Act, N.J.S.A. 2C:43-7.2, memorialized in an October 30, 2014 judgment of conviction. Ibid ... during which defendant stabbed the victim five times. Id. at 2-6. At trial, defendant testified he defended himself with 'his ... does not dispute that he stabbed the victim, but claim[ed] he did so after he was attacked by [the victim ... too vague, conclusory or speculative.' R. 3:22- 10(e)(2). Indeed, the defendant 'must do more than make bald ...

docket:	a1006-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-22
status:	Unpublished
citation:
Document Size:	20531

4193 CHRISTINE MCQUILKEN VS. BOARD OF TRUSTEES OF THE TEACHERS\u0027 PENSION AND ANNUITY FUND -- rank: 272

... administrative hearing to appeal the Board's A-1414-22 2 decision and the matter was transferred to the Office of ... for me to say 'yeah, you know what [a] [special] ed[ucation] teacher could[]n[o]t do the job anymore ... the performance of the duties of a special education teacher; (2) was unable to perform her regular and assigned duties due ... to: (1) whether the agency's action violates legislative policies; (2) whether the record contains substantial evidence to support the agency ... N.J. 579, 587 (2001) (quoting Clowes v. Terminix Int'l, Inc., 109 N.J. 575, 588 (1988)). 'It is settled ... strictly legal issue. Allstars Auto Grp., 234 N.J. at 158. Pursuant to N.J.S.A. 18A:66-39( ...

docket:	a1414-22
court:	appellate
decided:	2024-04-02
status:	Unpublished
citation:
Document Size:	32717

4194 CALVIN THOMAS v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 272

... administrator upheld the decision of the hearing officer on September 2, 2010. This appeal followed. Thomas raises the following issues on ... 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's ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following ... matters that were not before the decision maker. See R. 2:5-4 (scope of record on appeal); Middle Dep' ...

docket:	a0916-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	unpublished
citation:
Document Size:	15469

4195 STATE OF NEW JERSEY v. RICHARD HAMERSKY -- rank: 272

... N.J. 54, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), before administering the test. We likewise reject ... the AlcoTest. We affirm. I. In the afternoon of December 2, 2008, defendant, a fifty-two year old certified public accountant ... Boyle, a certified AlcoTest operator, was on duty on December 2, 2008 when he was notified that Officer Kennedy had arrested ... 1) the smell of alcohol emanating from defendant's breath; 2) his eyes were bloodshot; 3) his speech was rambling; ...

docket:	a2519-09
court:	superior court appellate division
decided:	2011-01-10
status:	unpublished
citation:
Document Size:	27382

4196 STATE OF NEW JERSEY v. EARL TERRY -- rank: 272

... of imprisonment with a one-year period of parole ineligibility. 2 Defendant did not file a direct appeal. Instead, on May ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), as well as the four factors in Slater supra , 198 N.J. at 158-62. The judge emphasized that defendant never denied his guilt ... RECORD PERSONALLY AND INDIVIDUALLY AS REQUIRED BY [ RULE ] 3:9-2 WHEN HE PLEADED GUILTY TO COUNT THREE OF THE INDICTMENT ... these issues are not cognizable on appeal, Rule 3:22-2, and are procedurally barred by Rule 3:22-4. ...

docket:	a5608-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-13
status:	unpublished
citation:
Document Size:	13277

4197 D.B. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 272

... a/k/a J.M.C.," was born prematurely, weighing 2.5 pounds at birth, on March 21, 2007, and was ... matter of right was inapplicable, and that Rule 4:33-2, as to permissive intervention was inapplicable as well where there ... U.S. 565 , 579, 95 S. Ct. 729 , 737, 42 L. Ed.2d 725 , 737 (1975)). We consider the following in determining ... an opportunity to respond. W.S. Frey Co. v. Heath , 158 N.J. 321 , 325 (1999) (quoting Mariash v. Morrill , 496 ... 490 (1978), superseded by statute , N.J.S.A. 9:2-7.1, as recognized by New Jersey Division of ...

docket:	a0869-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-26
status:	unpublished
citation:
Document Size:	34585

4198 SAMANTHA YAKAL-KREMSKI, et al. v. DENVILLE TOWNSHIP BOARD OF EDUCATION, -- rank: 272

... the judgment awarding such fees and, exercising original jurisdiction, R. 2:10-5, award counsel fees of $3000 and taxed costs ... jury which found 1) defendant did not provide negligent supervision; 2) the playground area created a substantial risk of injury; 3 ... verdict" and stated, "clearly, I would not have approved a $2,000 settlement in this case," but that was not the ... admits "was not worth a lot of money." See footnote 2 2 This is the type of consideration that must be part ... fees. North Bergen Rex Transport, Inc. v. Trailer Leasing Co. , 158 N.J. 561, 570-72 (1999) (noting that a ...

docket:	a4745-98
court:	njappellate
decided:	2000-04-12
status:	published
citation:	329 N.J.Super. 567
Document Size:	24388

4199 STATE OF NEW JERSEY v. CARL DALEY -- rank: 272

... first floor apartment at 354 East 27 th Street around 2:00 p.m. to make deliveries of marijuana. The informant ... Nissan Maxima parked in front of the residence. Shortly before 2 p.m., Bailey observed a red Chevy Beretta pull up ... first floor apartment at 354 East 27 th Street. At 2:05 p.m., defendant exited the apartment and stood on ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958). Moreover, when reviewed in the context ...

docket:	a4675-05
court:	njappellate
decided:	2008-12-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50388

4200 CALVIN GARNETT v. DEPARTMENT OF CORRECTIONS -- rank: 272

... and legal conclusions were as follows: The video shows the 2 people involved holding hands & rubbing hand but they both were ... going on than what was. Based on rules & reg the 2 people (The inmate & his visitor) were not following rules & reg ... of (1) fifteen days in detention, suspended for sixty days, (2) ninety days of administrative segregation, suspended for sixty days, (3 ... 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:	a1389-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-22
status:	unpublished
citation:
Document Size:	16049