Search Rutgers Law Library N.J. Court Opinions

4471 PRUDENTIAL INSURANCE COMPANY OF AMERICA v. CONNESTER MAHONE -- rank: 227

... Defendants, and APRIL MAHONE, Third-Party Defendant- Appellant. ___________________________________ Argued: November 2, 2009 - Decided: Before Judges Lisa, Baxter and Alvarez. On appeal ... Court of New Jersey, Law Division, Essex County, Docket No. L-3526-06. Valerie Steiner argued the cause for appellant April ... service life insurance death benefit in the amount of $157,158, payable through a group life insurance policy administered by plaintiff ... 1 and its implementing regulation, N.J.A.C. 17:2-3.14(a), which specify the requirements for an acceptable ... did so because an unambiguous PSA plainly and unequivocally "express[ed] an intent contrary to the policy provision." Ibid. Again, as ... that issue, and we decline to address it. (continued) (continued) 2 A-4472-07T3 November 20, 2009 Document created with ...

docket:	a4472-07
court:	superior court appellate division
decided:	2009-11-20
status:	unpublished
citation:
Document Size:	52437

4472 STATE OF NEW JERSEY v. KENNETH E. BURRELL -- rank: 227

... of third-degree burglary, N.J.S.A. 2C:18-2, and one count of fourth-degree resisting arrest, 392 U.S. 1, 88 S. Ct. 313 , 19 L. Ed.2d 358 (1967). As soon as he saw Officer Whitley ... the apartment. Defendant, citing State v. Tucker , 136 N.J. 158 (1994), complains further that the trial court did not instruct ... he thus raises them before us as plain error. R. 2:10-2. None of defendant's complaints with respect to the ...

docket:	a6035-05
court:
decided:	2009-06-05
status:	Unpublished
citation:
Document Size:	41053

4473 STATE OF NEW JERSEY v. SEAN WASHINGTON -- rank: 227

... of counsel. See State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997); Preciose , supra , 129 N.J. at 462 ... of his failure to investigate Collins and Moore as witnesses; (2) Public Defender Michael Friedman's certification stating he advised trial ... defense counsel are without sufficient merit to warrant discussion. R. 2:11-3(e)(2). Affirmed. (continued) (continued) 14 A-4730-02T4 November 9, ...

docket:	a4730-02
court:	njappellate
decided:	2005-11-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52378

4474 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 A-0 STATE OF NEW JERSEY v -- rank: 227

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); second-degree sexual assault, N.J.S.A. 2C:14 2(b); second-degree endangering the welfare of a child, N ... percent parole ineligibility. N.J.S.A. 2C:43-7.2. Defendant's sexual abuse of B.P. began in 1998 ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). In reviewing such claims, there is ... 298 , 311 (2014); State v. Marshall , 148 N.J. 89 , 158 (1997). Affirmed. This archive is a service of Rutgers ...

docket:	a2430-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-18
status:	unpublished
citation:
Document Size:	19006

4475 DENNIS O'BRIEN v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 227

... DEPRIVED OF EFFECTIVE AID IN THE PRESENTATION OF HIS DEFENSE 2. DENNIS O'BRIEN WAS DEPRIVED OF HIS RIGHT TO CONFRONT ... denied , 449 U.S. 983 , 201 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We do not conduct an independent assessment ... evidence presented at the agency's hearing. In re Taylor , 158 N.J. 644 , 656 (1999). While we do not act ... is supported by substantial credible evidence in the record. R. 2:11-3(e)(1)(D). We have carefully considered petitioner ... to warrant further discussion in a lengthy written opinion. R. 2:11-3(e)(1)(E). Affirmed. (continued) (continued) 4 ...

docket:	a4235-04
court:	njappellate
decided:	2006-03-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27806

4476 COURTOF JEWELL R ANDERSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 227

... to the hearing officer, appellant was arrested at work between 2:30 p.m. and 3:00 p.m. because of ... by the Glassboro Police Department. This report revealed that, at 2:13 p.m. on December 30, 2014, the manager at ... Twp. , 199 N.J. 1, 9 (2009); In re Taylor , 158 N.J. 644 , 656 (1999). We will not disturb the ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). An appellate court may not reverse an ... merit to warrant discussion in a written opinion, see R. 2:11-3(e)(1)(E), or were not raised ...

docket:	a4071-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-06
status:	unpublished
citation:
Document Size:	17595

4477 STATE OF NEW JERSEY v. K.S -- rank: 227

... attorney; Mr. Blum, of counsel and on the brief). James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a); and fourth-degree criminal mischief, N.J ... a breath test, N.J.S.A. 39:4-50.2. Defendant's initial appeal from denial of PTI was heard ... of such kind "that the public need for prosecution outweigh[ed] the value of supervisory treatment." At the December 10, 2010 ... was sentenced in accord with the plea agreement on September 2, 2011. On appeal, defendant raises the following point: POINT I ... program diverting criminal defendants from formal prosecution." State v. Caliguiri , 158 N.J. 28 , 35 (1999). Admissions into PTI are ...

docket:	a2011-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-12
status:	Published
citation:
Document Size:	26680

4478 STATE OF NEW JERSEY v. GARY WILLIAMS -- rank: 227

... controlled dangerous substance, cocaine, N.J.S.A. 2C:5-2, 106 N.J. 123 , 320 (1987). However, a prosecutor can ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958)). With this balancing of concepts in mind ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). Appellate courts are to determine ... barred, defendant not having moved for a new trial, R. 2:10-1, it disregards the evidence presented by the ...

docket:	A0784-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-24
status:	unpublished
citation:
Document Size:	22958

4479 DARRELL STEWART v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 227

... finding of guilt was not supported by substantial evidence and (2) the disciplinary report was not timely served. Having reviewed Stewart ... and not requiring extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following ... 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 ... as required by N.J.A.C. 10A:4-9.2, resulted from the ongoing nature of the overall investigation. ...

docket:	a2860-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	12054

4480 STATE OF NEW JERSEY v. GERWONNE CAMPBELL -- rank: 227

... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Judge Delehey found Officer Maxwell credible and proceeded to find ... U.S. 1 , 21, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968). These facts are a far cry from State v. Tucker , 136 N.J. 158 (1994). In Tucker , police chased and detained a young man ... 95 N.J. 334 , 364-66 (1984). Affirmed. (continued) (continued) 2 A-0136-07T4 May 21, 2010 This archive is ...

docket:	a0136-07
court:	superior court appellate division
decided:	2010-05-21
status:	unpublished
citation:
Document Size:	23425

4481 STATE OF NEW JERSEY v. STANLEY GRIFFIN -- rank: 227

... degree murder, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Count Three ... excessive. After argument on a sentencing calendar pursuant to Rule 2:9-11, this court affirmed the judgment of conviction on ... not be granted." State v. Marshall , 148 N.J. 89 , 158 (citations omitted), cert. denied , 522 U.S. 850 , 118 S. Ct . 140, 139 L. Ed.2d 88 (1997). We are satisfied that Judge Cassini appropriately ... accordance with the sentence authorized by law." R. 3:22-2(c). Illegal sentences include sentences that exceed penalties authorized ...

docket:	a4934-04
court:	njappellate
decided:	2006-03-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	23412

4482 STATE OF NEW JERSEY v. ALFREDO LOPEZ -- rank: 227

... to second-degree eluding, N.J.S.A. 2C:29-2(b); second-degree possession of heroin with the intent to ... S.A. 2C:35-5(a)(1) and -5(b)(2); third-degree possession of heroin, N.J.S.A. 2C ... temporal proximity between the illegal conduct and the challenged evidence; (2) the presence of intervening circumstances; and (3) the flagrancy and ... denied , 549 U.S. 1078 , 127 S. Ct. 740 , 166 L. Ed.2d 563 (2006). When defendant fled the scene after being ... of police officers" (quoting State v. Tucker , 136 N.J. 158 , 172 (1994))). In summary, even assuming the officers did ...

docket:	a5736-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	23401

4483 STATE OF NEW JERSEY v. BARKI CLARK -- rank: 227

... degree possession of controlled dangerous substances (CDS), heroin and cocaine, 158 N.J. 112, 132 (1999). Here, defendant was apprehended while ... that jury instruction did not produce an unjust result. R. 2:10-2. Moreover, defendant's objection to that instruction is based on ... denied , 475 U.S. 1014 , 106 S. Ct. 1193, 89 L. Ed.2d 308 (1986). Thus, there is no principled basis for ... State v. Warmbrun , 277 N.J. Super. 51 , 58 n.2 (App. Div. 1994), certif. denied , 140 N.J. 277 ( ...

docket:	a3844-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	28204

4484 A-0STATE OF NEW JERSEY v. ERIC HILLMAN May 22 2015 -- rank: 227

... these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following comments. "[T]rial by jury ... U.S. 276 , 312, 50 S. Ct. 253 , 263, 74 L. Ed. 854 , 870 (1930)); see also R. 1:8-1(a ... the constitutional right to jury trial with advice of counsel; (2) determine whether the waiver is tendered in good faith or ... 183 , 189 (2007); State v. Brown , 190 N.J. 144 , 158-59 (2007). Here, defendant testified about the execution of ...

docket:	a3017-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	17207

4485 STATE OF NEW JERSEY v. DONALD T. RIVERS -- rank: 227

... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in respect to the court's ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Defendant was charged with violating N.J ... N.J. Super. 325 , 333 (App. Div. 1998), aff'd , 158 N.J. 149 (1999). No basis is presented to interfere with the jury's verdict. Affirmed. (continued) (continued) 2 A-3863-07T4 January 29, 2010 This archive is ...

docket:	a3863-07
court:	superior court appellate division
decided:	2010-01-29
status:	Unpublished
citation:
Document Size:	31760