Search Rutgers Law Library N.J. Court Opinions

796 STATE OF NEW JERSEY v. CALVIN DIXON, -- rank: 539

... JERSEY,     Plaintiff-Respondent, v. CALVIN DIXON,     Defendant-Appellant.         Submitted October 2, 2001 - Decided December 20, 2001         Before Judges Stern, Eichen and ... require only the following discussion in a written opinion. R. 2:11-3(e)(2). I.     On November 6, 1998, at about 1:30 a ... 326 , 363 (1997) (quoting State v. Martin , 119 N.J. 2 , 15 (1990)), and, particularly when the judge fails to properly ... of death or injury to any person. State v. Wallace , 158 N.J. 552 , 560 (1999) (finding that "the statute was ... Jersey , 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000); State v. Johnson , 166 N. ...

docket:	a6371-99
court:	njappellate
decided:	2001-12-20
status:	published
citation:	346 N.J. Super. 126
Document Size:	41383

797 /usr/local/share/www/libweb/collections/courts/supreme/d-132-20.opn.html -- rank: 539

... returned that money when she decided not to proceed, while $2,000 was for her fee. In the third matter, Respondent ... disbarment for knowing misappropriation should continue to be permanent, or 2 whether New Jersey should join the majority of jurisdictions that ... regularly resulted in lesser discipline.” Id. at 458 n.2. In essence, although the Court sharply criticized “stealing a ... even stronger language in decisions since Wilson. (pp. 17-22) 2. After Wilson, the Court extended the disbarment rule to lawyers ... in those instances. In re Sigman, 220 N.J. 141, 158 (2014). In all of those areas, the Court imposes disbarment ... establish that an attorney knowingly misappropriated client or escrow funds. 2 This Court has long recognized that “[t]here ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	75426

798 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 539

... Early Release Act, N.J.S.A. 2C:43-7.2. The charge stemmed from the fatal shooting of Michael Gaffney ... J. CONST. (1947) ART. I, PARA. 9). A-5473-17 2 POINT II THE TRIAL COURT ERRED IN ITS INSTRUCTION BY ... C)(3) AND UNDER [N.J.R.E.] 803(C)(2); THE GAFFNEY/LIMA STATEMENTS SHOULD ALSO HAVE BEEN RULED INADMISSIBLE ... 10). POINT VII THE TRIAL COURT COMMITTED PLAIN ERROR (R. 2:10-2) IN FAILING TO ADDRESS TO THE JURY (EITHER WITH A ... PURSUANT TO [ N.J.S.A.] 2C:44- 1[(F)](2) AND SENTENCED TO THE MINIMUM TERM PERMISSIBLE. We have ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

799 STATE OF NEW JERSEY v. MAURICE TURNER -- rank: 539

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent twenty-year sentence on count four. On ... 1227-07 (App. Div. Oct. 13, 2009) (slip op. at 2). Defendant's petition for certification was denied. 201 N.J ... to (1) adequately advise him as to his sentencing exposure, (2) request an adverse inference charge as to an uncalled witness ... U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984)). The petitioner must demonstrate that counsel ... at 689, 694, 104 S. Ct. at 2065, 2068, 80 L. Ed. 2d at 694, 698. Counsel's strategic choices ...

docket:	a1794-13
court:	NJ Superior Court Appellate Division
decided:	2017-09-07
status:	unpublished
citation:
Document Size:	53783

800 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 539

... Susan J. Kraham and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief). Carl S ... Thomas F. Carroll argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll ... extended substantive certification" if a municipality: 1. Requests the extension; 2. Commits to continuing to implement the certified second round plan ... the Environment (Coalition), Toll Brothers, Inc. (Toll Brothers), Roxbury 80, L.L.C. (Roxbury 80), and Anthony Bailes, et al. (Bailes). ...

docket:	a4814-02
court:	njappellate
decided:	2004-08-31
status:	published
citation:	*CITE_PENDING*
Document Size:	102179

801 STATE OF NEW JERSEY v. DONALD HERTEL -- rank: 539

... Corrections pursuant to N.J.S.A. 2C:47-1, -2, indicating that defendant's conduct did not exhibit a pattern ... cause serious harm, N.J.S.A. 2C:44-1b(2); that he had no prior contacts with the criminal justice ... degree range. See N.J.S.A. 2C:44-1f(2). As he was required to do, the judge also sentenced ... of Megan's Law, N.J.S.A. 2C:7-2. Defendant was granted bail pending appeal. II. Defendant raises the ... jurors to the court and conduct a voir dire examination 2 to determine whether the jury's partial verdict was tainted ... U.S. 454 , 462, 27 S. Ct. 556 , 558, 51 L. Ed. 879 , 881 (1907)). At the same time, a ...

docket:	a3156-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	69354

802 MILDA GELER, et al. v. RICHARD AKAWIE, et. al. -- rank: 537

... Court of New         Jersey, Law Division, Middlesex County,         Docket no. L-8318-98.         Robert Solomon argued the cause for         appellants, cross ... doctor who saw them on three occasions commencing on January 2, 1997 and continuing through February 18, 1997, and then for ... notation by Akawie: "Husband for Tay- Sachs ASAP ." See footnote 2 2 It is also undisputed that, at the end of the ... on three occasions by another group member, Weingarten: on January 2, 1997, January 20, 1997 and February 18, 1997. Faynin accompanied ... that counseling was provided and testing was urged on January 2 and January 20, but likely did not occur on ...

docket:	a4225-00
court:	njappellate
decided:	2003-03-03
status:	published
citation:	358 N.J. Super. 437
Document Size:	83385

803 STATE OF NEW JERSEY v. KHALIF O. JAMES, -- rank: 537

... for respondent (Thomas V. Manahan, Union County Prosecutor, attorney; Patricia L. Cronin, Legal Analyst, on the brief).         The opinion of the ... participate in a robbery with McGriff and defendant. See footnote 2 2 According to Means, it was agreed that if they "came ... a bullet later discovered on the victim's body, and (2) the testimony from Jackson that defendant had given him the ... U.S. 338 , 341, 60 S. Ct. 266 , 268, 84 L. Ed. 307 , 312 (1939). To give full effect to the ...

docket:	a4486-98
court:	njappellate
decided:	2002-01-16
status:	published
citation:	346 N.J. Super. 441
Document Size:	38179

804 STATE OF NEW JERSEY v. KALIL GRIFFIN -- rank: 537

... hearing on juror misconduct" filed several days after the verdict. 2 The trial judge who presided over the four-week trial ... denied , 384 U.S. 962 , 86 S. Ct. 1589 , 16 L. Ed.2d 674 (1966)). Although the Court's reminder is recent ... U.S.  1, 13, 53 S. Ct. 465 , 469, 77 L. Ed. 993 , 999 (1933). The United States Supreme Court described the ... U.S. 264 , 267, 35 S. Ct. 783 , 784, 59 L. Ed. 1300 , 1302 (1915). Although acknowledging "the argument in ...

docket:	a3491-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	published
citation:	449 N.J.Super. 13 155 A.3d 8
Document Size:	48558

805 /usr/local/share/www/libweb/collections/courts/appellate/a3858-13.opn.html -- rank: 537

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N ... THE ACCUSATION CONSTITUTED A BRADY 1 VIOLATION AND MANDATES REVERSAL. 2. THE STATE'S FAILURE TO DISCLOSE TAINTED PRE-TRIAL PROCEEDINGS ... HIS NIECE FROM THE TRIAL CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. 2. TRIAL COUNSEL'S FAILURE TO REQUEST PROPER VOIR DIRE QUESTIONS ... INCESTUOUS RELATIONSHIP WITH HIS NIECE CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. 2 3. TRIAL COUNSEL'S FAILURE TO INVESTIGATE POSSIBLE DEFENSES ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41477

806 Mansoldo v. State of New Jersey -- rank: 537

... floodway is prohibited under N.J.A.C. 7:13-2.2. Instead, the property could only be used for a parkland ... action.” 438 U.S. at 124. (Pp. 9-12) 2. In this matter, the lower courts failed to properly apply ... Hackensack River floodway. N.J.A.C. 7:13-1.2 defines “floodway” as “the channel and portions of ... flood[ing],” N.J.A.C. 7:13-1.2, and the construction would require the placement of fill into ... floodway is prohibited under N.J.A.C. 7:13-2.2. Mansoldo then petitioned the DEP for a hardship ...

docket:	a-57-05
court:
decided:	2006-06-05
status:
citation:	*CITE_PENDING*
Document Size:	60508

807 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 537

... of the defendant and the prosecuting attorney.' A-3746-20 2 Defendant pled guilty on April 3, 2019, to an accusation ... the Commission) The Legislature created the Commission in 2009. See L. 2009, c. 81; N.J.S.A. 2C:48A-1 ... the criminal justice system.' N.J.S.A. 2C:48A- 2(a). These recommendations were intended to 'provid[e] a rational ... Sentencing and Disposition Commission, Annual Report (Nov. 2019) (Commission Report).2 The Commission found there was a 'consistent increase in the ... 1. Eliminate mandatory minimum sentences for non- violent drug crimes. 2. Eliminate mandatory minimum sentences for non- violent property crimes. 3 ... associated with far more serious offenses. 4. Apply Recommendations #1, #2, and #3 retroactively so that current inmates may seek ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

808 STATE OF NEW JERSEY v. FRANK G. DELLISANTI -- rank: 537

... June 3, 2009 - Decided: Before Judges Cuff, Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey ... for appellant (Daniel Brown, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... identification card, contrary to N.J.S.A. 2C:21-2.3b (Count One); and fourth degree uttering a writing or ... the questions. The jury reached its verdict soon thereafter at 2:08 p.m. A defendant's "right to personal presence ... U.S. 114 , 117, 104 S. Ct. 453 , 455, 78 L. Ed.2d 267 , 272 (1983); s ee also State v. ...

docket:	a5230-07
court:	superior court appellate division
decided:	2009-03-02
status:	unpublished
citation:
Document Size:	74337

809 IN THE MATTER OF T.B. -- rank: 537

... Family Part, Middlesex County, Docket No. FC-12-173-10. L.K., appellant, argued the cause pro se. Stephanie Anatale, Deputy ... Vance, on the brief). PER CURIAM In this appeal, appellant L.K., the maternal grandmother of T.B., is proceeding pro ... Family Part that terminated her right to visit T.B. L.K. is the mother of T.B.'s birth mother ... do not embrace the trial judge's mistaken conclusion that L.K. withdrew her request for further visitation with T.B ... to present proofs under oath to support its allegations that L.K.'s visits with T.B. were having detrimental effects ... by her resource parents, however, a more rigorous standard controls L.K.'s request to visit T.B. L.K. ...

docket:	a5066-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-18
status:	unpublished
citation:
Document Size:	36163

810 WILLIAM SHEPHERD et al. v. HUNTERDON DEVELOPMENTAL CENTER, et al. -- rank: 537

... the Superior Court of     New Jersey, Law Division, Hunterdon     County, L-137-97.     James L. Pfeiffer argued the cause     for appellants (Pfeiffer & Winegar,     attorneys; Mr ... officer. According to the form filed by Shepherd on March 2, 1995, he identified specific dates on which the alleged retaliatory ... wrongful action ceases. See also Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999). "'[O]nce a pattern of ... or the conduct has ceased." Wilson v. Wal-Mart , supra , 158 N.J. at 273 (quoting Bustamento v. Tucker , supra , 607 ... current complaint. Erdmann v. Board of Educ. Union County Reg'l High School Dist. No.1 , 541 F. Supp. 388 , ...

docket:	a5504-98
court:	njappellate
decided:	2001-01-18
status:	published
citation:	336 N.J. Super. 395
Document Size:	87019