Search Rutgers Law Library N.J. Court Opinions

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status:	unpublished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. ANTHONY S. GRANATA -- rank: 272

... N.J.S.A. 2C:35-7 (Counts 1 and 2); two counts of second-degree possession of a controlled dangerous ... SENTENCE UNDER N.J.S.A. 2C:44-1(f)(2). (not raised below). Additionally, defendant raises the following point in ... S. 385 , 394-95, 117 S. Ct. 1416 , 1422, 137 L. Ed.2d 615 , 624 (1997). When the police, concerned with officer ... errors unless "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); ...

docket:	a5962-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-08
status:	unpublished
citation:
Document Size:	29255

4188 STATE OF NEW JERSEY v. MARCELLUS D. BARNES -- rank: 272

... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4), but guilty of third-degree endangering the welfare ... there was a miscarriage of justice under the law." R. 2:10-1; State v. Perez , 177 N.J. 540, 555 ... did not view the remarks as prejudicial. State v. Frost , 158 N.J. 76 , 83 (1999). We therefore conclude that the ... she went to the hospital, that is No. 1. No. 2, there is no evidence at all in anything that has ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008)). We are satisfied that the trial ...

docket:	a0587-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-08
status:	unpublished
citation:
Document Size:	25162

4189 VICTOR M. MEDINA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 272

... hearing officer that: 'We had an argument. A-1080-08T3 2 I stepped off. [Martinez] came at me again. He hit ... 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). A-1080-08T3 4 Nonetheless, ''[a]lthough ... 08T3 5 1. The inmate was not the initial aggressor; 2. The inmate did not provoke the attacker; 3. The use ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Reversed and remanded. We ...

docket:	a1080-08
court:	superior court appellate division
decided:	2009-12-17
status:	Unpublished
citation:
Document Size:	15077

4190 STATE OF NEW JERSEY v. DERRICK YOUNGER -- rank: 272

... of second-degree eluding, N.J.S.A. 2C:29-2(b). Almost a year later, on June 9, 2008, defendant ... acquittal as the evidence indisputably satisfied the Reyes standard. Rule 2:10-1 states that: "the issue of whether a jury ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). The State is entitled to ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993). In order to constitute a ground for ... N.J.S.A. 2C:44-1(b)(1) and (2). We disagree. That defendant sped through residential streets onto ...

docket:	a3962-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-19
status:	unpublished
citation:
Document Size:	26951

4191 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

4192 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

4193 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

4194 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

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 CHARLES AND MARIE REINHARDT v. MICHAEL SPERBER -- rank: 272

... the Grandparent Visitation Statute (GVS), N.J.S.A. 9:2-7.1, and applied a different standard to the grandparent ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004), and Daniels . Plaintiffs filed a complaint for grandparent visitation pursuant to the GVS on June 2, 2006. They alleged that J.S. was born in 2001 ... which relief may be granted pursuant to Rule 4:6-2(e), because the complaint did not expressly allege "harm" ...

docket:	A0760-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-01
status:	unpublished
citation:
Document Size:	42032

4197 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

4198 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

4199 HAIR SYSTEMS, INC v. BOARD OF REVIEW DEPARTMENT OF LABOR, and DANIEL FOX -- rank: 272

... disqualified from receiving unemployment benefits for the weeks ending August 2, 2008, through September 27, 2008, and that Fox was not ... 3996 that Fox had received for the weeks ending August 2, through September 27. Fox appealed and a telephonic hearing was ... that he was able to work and actively seeking work; (2) Fox's alleged material misrepresentation to the State of New ... evidence, or that it violated legislative policies. In re Taylor , 158 N.J. 644 , 656 (1999); Brady , supra , 152 N.J ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). First addressing whether Fox left work ...

docket:	a1933-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	25943

4200 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