Search Rutgers Law Library N.J. Court Opinions

526 Lewis v. American Cyanamid Company -- rank: 576

... preempts. Medtronic does not alter that conclusion. (pp. 7-13) 2. For Lewis to be held comparatively negligent, he must have ... defendants' motion for judgment notwithstanding the verdict. R. 4:40-2. The Appellate Division reversed and remanded on the issues of ... Lohr , 518 U.S. 470 , 116 S. Ct. 2240 , 135 L. Ed.2d 700 (1996) , did not alter the conclusion that FIFRA ... Inc. , 505 U.S. 504 , 112 S. Ct. 2608 , 120 L. Ed.2d 407 (1992), the United States Supreme Court held ...

docket:	a-83-97
court:	njsupreme
decided:	1998-07-20
status:
citation:	155 N.J. 544
Document Size:	98207

527 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:	A1960-04
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

528 STATE OF NEW JERSEY v. LARRY R. HENDERSON -- rank: 576

... 2007 - Decided Before Judges Stern, C.S. Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey ... Womble's apartment on Kaighns Avenue in Camden. At approximately 2:45 a.m., there was a knock at the door ... January 1, 2003, N.J.S.A. 2C:43-7.2, on the reckless manslaughter conviction; a four-year prison term ... and VIII to warrant discussion in a written opinion. R. 2:11-3(e)(2). For the reasons, to which we hereafter turn, we reject ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968), because, ultimately, a conviction ...

docket:	A2921-04
court:	NJ Superior Court Appellate Division
decided:	2008-01-07
status:	published
citation:	397 N.J.Super. 398 937 A.2d 988
Document Size:	84952

529 STATE OF NEW JERSEY v. RENARD NEAL, -- rank: 576

... including the $250 advance and the credit card purchases and (2) whether he was aware of a board policy concerning reimbursement ... 2C:28-1a with N.J.S.A. 2C:28-2. See State v. Mullen , 67 N.J. 134 , 137 (1975 ... den. 529 U.S. 1017 , 120 S. Ct. 1417 , 146 L. Ed.2d 310 (2000), a grand juror was called to testify ... den. 251 U.S. 1016 , 118 S. Ct. 2482 , 138 L. Ed.2d 992 (1997), an assistant United States attorney and ...

docket:	a5548-99
court:	njappellate
decided:	2003-06-16
status:	published
citation:	361 N.J. Super. 522
Document Size:	45417

530 DAVID J. TAYOUN v. TIMOTHY MOONEY -- rank: 576

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-1897-07. Clifford L. Van Syoc argued the cause for appellant (Van Syoc Chartered ... Mr. Ionno and D. Rebecca Higbee, on the brief). Tracy L. Riley argued the cause for respondent (Law Offices of Riley ... Rights Act, N.J.S.A. 10:6-1 to -2 (the CRA). We have considered the arguments raised in light ... actual requirements of the ordinance at that time remained disputed, 2 plaintiff in October 2006 ordered a Mercantile Division clerk to ... 204 N.J. at 329; see also R. 4:46-2(c). We then decide "whether the motion judge's ...

docket:	a1154-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	53301

531 STATE OF NEW JERSEY v. RODNEY ALSTON -- rank: 576

... intent to distribute, N.J.S.A. 2C:35-5b(2); third-degree possession of CDS on or within 1000 feet ... intent to distribute, N.J.S.A. 2C:35-5b(2) (Count Two); third-degree possession of CDS on or within ... V. UNITED STATES , [___ U.S. ___, 133 S. CT. 1031 , 185 L. ED. 2 D 19 (2013)]. THE EVIDENCE FROM THE SEARCH OF THE ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). A. We reject defendant's ...

docket:	a2776-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	55914

532 STATE OF NEW JERSEY v. ANTOINE STEVENS -- rank: 576

... offense of resisting arrest, N.J.S.A. 2C:29-2(a) (count seven). Defendant was sentenced to an aggregate prison ... 1) Haynes repeatedly left the liquor store without purchasing anything; (2) money had been exchanged between defendant and Haynes for a ... This was based on a certified 500-foot City map. 2 The State produced two expert witnesses. First, it called William ... CONVICTIONS UNDER N.J.S.A. 2C:35- 7 AND 2 C:35-7.1 MUST MERGE POINT VI THE SENTENCE ... count in the indictment." N.J.S.A. 2C:29-2(a) provides that: [A] person is guilty of a disorderly ... effecting an arrest . . . . (3) An offense under paragraph (1) and (2) of subsection a. is a crime of the third ...

docket:	a4166-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	105156

533 Gerald McCann v. Clerk of the City of Jersey City and Louis Manzo -- rank: 576

... to an office held by the individual. (pp. 7-9) 2. That the Legislature included two distinct standards for forfeiture of ... in the Criminal Code, N.J.S.A. 2C:51-2. That statute provides in relevant part:         a. A person holding ... in this State, would be such an offense or crime;         (2) He is convicted of an offense involving or touching such ... forth in subsection a. of N.J.S. 2C:51-2, any person convicted of an offense involving or touching on ... administrative or political subdivisions.             [ N.J.S.A. 2C:51-2 (emphasis added).] As noted, McCann was ordered in 1992 to ... offenses committed while McCann was not serving as Mayor “involv[ed] or touch[ed] on his public office, position, or ...

docket:	a-92-00_1
court:
decided:	2001-06-01
status:
citation:	167 N.J. 311
Document Size:	87543

534 Stephanie Washington v. Carlos A. Perez -- rank: 576

... points are presumed to be reversible error. (pp. 15-16) 2. In the event a party fails to produce a witness ... superior knowledge of the witness’s identity or expected testimony; (2) the witness is practically and physically available to the party ... is reported at 430 N.J. Super. 121 (2013). Brian L. Katz argued the cause for appellant ( Dansky | Katz | Ringold | York ... expert testimony. He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] was ... would be inappropriate because the experts’ testimony would be cumulative. 2 With little discussion, the court granted plaintiff’s request for ... denied , 522 U.S. 1116, 118 S. Ct. 1052, 140 L. Ed. 2d 115 (1998)). “As a general matter, [ ...

docket:	A-10-13
court:	NJ Supreme Court
decided:	2014-03-17
status:
citation:	219 N.J. 338 98 A.3d 1140
Document Size:	126079

535 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:	A2674-04
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

536 STATE OF NEW JERSEY v. JENERI E. ARROYO-HERNANDEZ -- rank: 574

... degree sexual assault, N.J.S.A. 2C:43-7.2. On count two, the court imposed a concurrent seven-year ... hand and he passed it by and he just pretend[ed] he didn't do it." Kimberly testified she assumed at ... jury verdict was against the weight of the evidence, and (2) failed to object to improper comments made by the prosecutor ... 668 , 684-86, 104 S. Ct. 2052 , 2063-64, 80 L. Ed.2d 674 , 691-92 (1984). In Strickland , the United States ... counsel. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. "First, the defendant must show ...

docket:	a0236-05
court:	NJ Superior Court Appellate Division
decided:	2008-07-16
status:	unpublished
citation:
Document Size:	126314

537 Pheasant Bridge Corporation v. Township of Warren -- rank: 574

... Warren (A-138-99) Argued January 17, 2001 -- Decided August 2, 2001 LaVecchia, J., writing for a Unanimous Court.     There are ... the ordinance are reasonable under the circumstances. (Pp.7-10) 2. Legitimate zoning purposes may be challenged as they apply to ... New Jersey,     Defendant-Respondent. ______________________________         Argued January 17, 2001 -- Decided August 2, 2001         On certification to the Superior Court, Appellate Division.          Joseph ... denied , 371 U.S. 233 , 83 S. Ct. 326 , 9 L. Ed.2d 495 (1963), modified on other grounds by S. Burlington ... C.P. v. Township of Mount Laurel , 92 N.J. 158 , 276-77 (1983); see also Berger v. State , 71 ...

docket:	a-138-99
court:	njsupreme
decided:	2001-08-02
status:
citation:	169 N.J. 282
Document Size:	55521

538 STATE OF NEW JERSEY v. OMARI SHABAZZ -- rank: 574

... that (1) his trial and appellate counsel were ineffective; and (2) the trial judge committed evidentiary errors and demonstrated a bias ... the convictions, State v. Shabazz , supra , slip op. at 1-2, and the Supreme Court denied certification on September 9, 1997 ... S. 668 , 684-85, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). "[W]hether retained or appointed ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U. ...

docket:	a0203-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-05
status:	unpublished
citation:
Document Size:	39112

539 State v. John Chew -- rank: 574

... Jersey , 528 U.S. 1052 , 120 S. Ct. 593 , 145 L. Ed.2d 493 (1999). C. The Petition and Hearing for Post ... an expert witness in support of the mitigating factor under 2 1993, statements to police. In addition, she investigated the possibility ... thus expose defendant's anti-social and criminal behavior; and (2) she feared Dr. Greenfield knew of the incestuous relationship and ... personality disorder (NOS), mixed with dependent, histrionic, and antisocial features; (2) drug dependency; (3) depressive disorder; and (4) developmental reading disability ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). The Strickland Court created a ...

docket:	a-62-02
court:
decided:	2004-03-25
status:
citation:
Document Size:	113066

540 STATE OF NEW JERSEY v. GARFIELD SIMPSON -- rank: 574

... Smith Segars, Public Defender, attorney, Mr. Menchin, of counsel; Roger L. Camacho, Designated Counsel, on the brief). Christopher W. Hsieh, Senior ... FOR HIS VERSION OF A THIRD-PARTY LIABILITY CHARGE AND (2) WHEN HE REJECTED SIMPSON'S REQUEST FOR A CHARGE TO ... AND UNDER THE CODE OF JUDICIAL CONDUCT CANNONS [SIC] 1, 2 AND 3 WITHOUT PREJUDICE TO HIS POSITION ON THE LACK ... IN FAILING TO (1) MOVE TO RECUSE THE TRIAL COURT, (2) INVESTIGATE THE FACTS SURROUNDING THE ISSUANCE OF THE ARREST WARRANT ... denied , 522 U.S. 850 , 118 S. Ct. 140, 139 L. Ed.2d 88 (1997). The Court stated: We find [the ...

docket:	a5670-05
court:	njappellate
decided:	2008-06-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	118986