Search Rutgers Law Library N.J. Court Opinions

511 STATE OF NEW JERSEY v. IVAN G. MCKINNEY -- rank: 579

... the prospect of smoking marijuana at his boarding house room. 2 The girls left Dunkin' Donuts with Court and defendant, who ... home that evening. The next day, February 19, 2011, at 2:15 p.m., Jane wanted to smoke marijuana and texted ... by abuse, N.J.S.A. 2C:24-4(a)(2); third-degree possession of cocaine with the intent to distribute ... assault during a kidnapping, N.J.S.A. 2C:14-2(a)(2)(c)(3); two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7); two counts of second-degree sexual assault, ...

docket:	a1946-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-25
status:	unpublished
citation:
Document Size:	91367

512 STATE OF NEW JERSEY v. TIMOTHY HEARD -- rank: 579

... commit burglary and robbery, N.J.S.A. 2C:5-2 (count one); third and fourth-degree unlawful possession of a ... box cutter and handgun), N.J.S.A. 2C:18-2 (counts six and eight); third-degree theft, N.J.S ... SEXUAL ASSAULTS COMMITTED AGAINST C.D., N.R., AND M.L. AS PROOF OF THE ROBBERIES RESULTED IN HARMFUL ERROR BECAUSE ... THE JURY MORE THAN LIKELY INFERRED DEFENDANT SEXUALLY ASSAULTED M.L. POINT 2 DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL [WHO] FAILED TO OBJECT ... THE JURY MORE THAN LIKELY INFERRED DEFENDANT SEXUALLY ASSAULTED M.L. POINT 3 DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN ...

docket:	a6520-06
court:
decided:	2009-04-30
status:	Unpublished
citation:
Document Size:	102626

513 COURT OF NEW JERSEY DIVISION STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. MAGIC DISPOSAL, INC. -- rank: 579

... SWUCA), N.J.S.A. 48:13A-1 to -13; (2) denied renewal of Magic's A-901 approval to perform ... realty in Mullica Township (Block 10 802 Lots 1 and 2), which he sought to use as a trans-load facility ... the statute it is charged with enforcing. R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 (1999). Further, we are not authorized ... of Alcoholic Beverage Control v. Maynards, Inc. , 192 N.J. 158 , 183 (2007). When an error in the factfinding of ...

docket:	a1903-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	65434

514 STATE OF NEW JERSEY v. V.C. -- rank: 579

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a ... term required by N.J.S.A. 2C:43-7.2. On count three, the judge imposed a consecutive seven-year ... THE PROSECUTOR IMPROPERLY BOLSTERED THE CREDIBILITY OF F.P. AND L.R., AND IMPROPERLY INJECTED HIMSELF INTO THE JURY'S ASSESSMENT ... Defendant. III. THE DEFENDANT'S CONVICTION SHOULD BE REVERSED BECAUSE L.R.'S "VICTIM-IMPACT" TYPE OF TESTIMONY WAS IRRELEVANT AND ... When F.P. was approximately eleven years old, her mother, L.R., 1 married defendant. According to F.P.'s ...

docket:	a5849-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-31
status:	unpublished
citation:
Document Size:	33130

515 STATE OF NEW JERSEY v. KHALIL PATRICK -- rank: 579

... NEW JERSEY, Plaintiff-Respondent, v. KHALIL PATRICK, Defendant-Appellant. __________________________________ September 2, 2016 Submitted June 7, 2016 – Decided Before Judges Reisner ... deadly weapon, N.J.S.A. 2C:12-1(b)(2); two counts of fourth-degree aggravated assault with a deadly ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Under Indictment No. 05-09-0976, the judge sentenced defendant ... light of State v. Pierce , 188 N.J. 155 (2006). 2 On January 30, 2010, defendant filed a pro se PCR ... petition without prejudice to permit investigation by counsel. On September 2, 2011, defendant filed a pro se PCR petition regarding Indictment ... TO INVESTIGATE PETITIONER['S] FACTUAL CONTE[N]TIONS" that "IIMID L. LOVE AKA HAMMID GUMBS, HAD TAKEN FULL RESPONSIBILITY FOR ...

docket:	a4864-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-02
status:	unpublished
citation:
Document Size:	55050

516 MID-ATLANTIC SOLAR ENERGY INDUSTRIES ASSOC. v. CHRIS CHRISTIE -- rank: 579

... 2009-2012, REVISED 2010 BUDGETS (SECOND REVISION). __________________________________ IN RE P.L. 2010, CH. 19, APPLICATION OF CLEAN ENERGY FUNDS TO GENERAL ... Bender, Assistant Attorneys General, of counsel; Ms. Reilly and Cynthia L. Holland, Deputy Attorneys General, on the briefs). The opinion of ... Supplemental Appropriations Act for the 2009-10 State fiscal year. L. 2010, c. 19. Section six of this Appropriations Act provides ... Fund as State revenue an amount not in excess of $158,000,000, subject to the approval of the Director of ... us, which challenged interim executive actions relating to the same $158,000,000 in the Clean Energy Fund that the Supplemental ... A. 48:3-49 to -98.1, enacted in 1999, L. 1999, c. 23, which authorizes electric and gas public ...

docket:	A3374-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-04
status:	published
citation:	418 N.J.Super. 499 14 A.3d 760
Document Size:	31597

517 STATE OF NEW JERSEY v. EDUARDO MCLAUGHLIN -- rank: 579

... murder, in violation of N.J.S.A. 2C:5-2. Defendant was tried separately over nine days in July 2006 ... store. On June 3rd, Thong left the store sometime before 2:00 p.m. with about $17,000 in cash. Defendant ... statement must have been made in furtherance of the conspiracy; (2) the statement must have been made during the course of ... States , 493 U.S. 933 , 110 S. Ct. 324 , 107 L. Ed.2d 314 (1989); see State v. Farthing , 331 N.J ... 285 , 294-300, 12 S. Ct. 909 , 912-14, 36 L. Ed. 706 , 710-12 (1892). The relevant issue in ...

docket:	a3679-06
court:	superior court appellate division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	131098

518 J.F. LOMMA, INC., OF DELAWARE v. OSCAR J. BOLDT CONSTRUCTION, INC -- rank: 579

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3119-10. Leary, Bride, Tinker & Moran, attorneys for appellant (Peter ... A. Haak, Boldt's general counsel referring to three exhibits; (2) a two-page certification by Randall DeMeuse, Boldt's Vice ... I personally participated in the contract negotiations with Oscar Boldt[ 2 ] from my South Kearny, New Jersey office. I am also ... 1); State ex rel. McCormac v. Qwest Commc'ns Int'l Inc. , 387 N.J. Super. 487, 498 (App. Div. 2006 ... Treasury , 550 U.S. 935 , 127 S. Ct. 2263 , 167 L. Ed.2d 1092 (2007), Anschutz v. N.J. Dep't ...

docket:	a2007-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-25
status:	unpublished
citation:
Document Size:	40790

519 In re: Proportionality Review Project -- rank: 579

... by the Standing Master and the parties. (pp. 17-22) 2. Judge Baime has made several recommendations for modifications to the ... U.S. 153 , 195, 96 S. Ct. 2909 , 2935, 49 L. Ed.2d 859 , 887 (1976). This matter arises out of our ... defendant.” Id. at 167, 96 S. Ct. at 2922, 49 L. Ed. 2d at 871. Proportionality review seeks “to ensure that the ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993) ( Marshall II ). That review serves ...

docket:	a-98-98
court:	njsupreme
decided:	1999-08-05
status:
citation:	161 N.J. 71
Document Size:	97712

520 STATE OF NEW JERSEY v. TERRY W. CODER -- rank: 576

... fourth-degree lewdness, N.J.S.A. 2C:43-7.2, a concurrent seven-year term on count six, a concurrent ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant's Point I, however, does merit discussion, and requires ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). On the first prong of his ...

docket:	a4711-04
court:	njappellate
decided:	2007-07-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98282

521 STATE OF NEW JERSEY v. YAKIM ABDUL ALI -- rank: 576

... an officer, contrary to N.J.S.A. 2C:29-2(b) (count one); two counts of third-degree receiving stolen ... J.S.A. 2C:20-7 (counts two and three); 2 third-degree unlawful possession of a weapon, contrary to N ... resisting arrest, contrary to N.J.S.A. 2C:29-2(a) (count five); and fourth-degree prohibited device (hollow nose ... v. Abdul Ali , No. A-4500-06 (App. Div. Nov. 2, 2009) (slip op. at 3-5).] Following trial in January ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2(a), a criminal defendant is entitled to post-conviction relief ... suited for post-conviction review. R. 3:22-4(a)(2); Preciose , supra , 129 N.J. at 460. In determining ...

docket:	a5750-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	36855

522 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 576

... 04T3                                         A-2706-04T3 Text Box APPROVED FOR PUBLICATION January 2 5 , 2007 APPELLATE DIVISION IN THE MATTER OF THE ADOPTION ... N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern the calculation ... J. 148 (2004).      In response to voluminous comments, See footnote 2 COAH re-proposed both the substantive rules, N.J.A ... appellants to the third round rules. I     In Mount Laure l I , supra , the Court held that a zoning ordinance in ... to the number of growth area acres within the region; (2) the number of jobs in the municipality compared to the ... would result in excessively delaying the construction of affordable housing, (2)  the moratorium on builder's remedies was unconstitutional, and ( ...

docket:	A2706-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

523 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 576

... 04T3                                         A-2706-04T3 Text Box APPROVED FOR PUBLICATION January 2 5 , 2007 APPELLATE DIVISION IN THE MATTER OF THE ADOPTION ... N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern the calculation ... J. 148 (2004).      In response to voluminous comments, See footnote 2 COAH re-proposed both the substantive rules, N.J.A ... appellants to the third round rules. I     In Mount Laure l I , supra , the Court held that a zoning ordinance in ... to the number of growth area acres within the region; (2) the number of jobs in the municipality compared to the ... would result in excessively delaying the construction of affordable housing, (2)  the moratorium on builder's remedies was unconstitutional, and ( ...

docket:	A2665-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

524 STATE OF NEW JERSEY v. ANTHONY SNOWDEN -- rank: 576

... crime had occurred in East Orange. [Slip op. at 1-2.] Jarret then described for Detective Green of the East Orange ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968), because, in the final analysis, a ... U.S. 293 , 297, 87 S. Ct. 1967 , 1970, 18 L. Ed.2d 1199 , 1204 (1967). The "vagaries of eyewitness identification," as ... U.S. at 228, 87 S. Ct. at 1933, 18 L. Ed. 2d at 1158. "A major factor" contributing to ...

docket:	a2048-08
court:	superior court appellate division
decided:	2010-01-20
status:	unpublished
citation:
Document Size:	74147

525 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 576

... from the vehicle inquiring whether any of the individuals were "L Dog." An acrimonious verbal exchange followed and defendant eventually went ... WAS NOT ANTICIPATED BY N.J.R.E. 804(A)(2) SINCE IT RESULTED IN A PUNITIVE DE FACTO APPLICATION OF ... and does not shock the judicial conscience. In Point V, 2 defendant contends his conviction should be reversed because police failed ... denied , 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed.2d 268 (1991); State v. Roman , 382 N.J. Super ... denied , 540 U.S. 116 , 124 S.Ct. 1169 , 157 L.Ed.2d 1204 (2004). "'The central concern of the ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425