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856 STATE OF NEW JERSEY v. MICHAEL MCCALL -- rank: 529

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); first - degree robbery, N.J.S.A. 2C ... States , 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968), the trial judge erred in allowing a ... S. at 132, 88 S. Ct. at 1625-26, 20 L. Ed. 2d at 483 (1968). The State responds , however, that defendant ... 541 U.S. 36 , 42, 124 S. Ct. 1354 , 1359, 158 L. Ed.2d 177 , 187 (2004). "'The central concern ...

docket:	a1572-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-23
status:	unpublished
citation:	199 N.J. 541 973 A.2d 944
Document Size:	80195

857 STATE OF NEW JERSEY v. JAMES E. BARLOW -- rank: 529

... appellant (Susan Brody, Assistant Deputy Public Defender, of counsel). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... crime. Accomplice liability pursuant to N.J.S.A. 2C:2-6 was charged in connection with each count. On May ... Early Release Act, N.J.S.A. 2C:43-7.2. A factual basis for the plea was thereupon given and ... his plea following his request that she do so, and (2) was counsel ineffective as the result of her communications to ... S. 45 , 68-69, 53 S. Ct. 55 , 64, 77 L. Ed. 158 , 170 (1932). The governing principle is simple and ...

docket:	a2593-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-06
status:	published
citation:	419 N.J. Super. 527 17 A.3d 843
Document Size:	37391

858 STATE OF NEW JERSEY v. R.K. -- rank: 529

... 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 ... raised at trial, we review them for plain error. R. 2:10-2; State v. Savage , 172 N.J. 374, 387 (2002). The ... denied , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967). "At trial, fresh-complaint evidence serves ...

docket:	a1964-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	86132

859 Canesi v. Wilson -- rank: 529

... 5.1 Version This case can also be found at 158 N.J. 490. SYLLABUS (This syllabus is not part of ... a child with a potential congenital defect. (pp. 6-10) 2. In an informed consent case, the plaintiff must prove that ... RONALD LOEWE, M.D.,     Defendants-Respondents,         and JOHN DOE PHYSICIAN (2-10) and JOHN DOE DRUG MANUFACTURER (1-10),     Defendants.         Argued ... is reported at 295 N.J. Super. 354 (1996).          Jay L. Hundertmark argued the cause for appellants ( Valore Law Offices , attorneys ... parents of a child with a congenital defect. See footnote 2 E.g. , Procanik , supra , 97 N.J. at 342.     Like ... denied , 409 U.S. 1064 , 93 S. Ct. 560 , 34 L. Ed.2d 518 (1972) (internal quotation and citation omitted); ...

docket:	a-46-97
court:	njsupreme
decided:	1999-06-17
status:
citation:	158 N.J. 490
Document Size:	131532

860 IN THE MATTER OF JUVENILE DETENTION OFFICER UNION COUNTY -- rank: 529

... County were needed based on the particular job requirements; and (2) because of the nature of the Center's operations, no ... agency action. On the contrary, N.J.S.A. 11A:2-11, de novo on the written record and render a ... is not set forth in N.J.S.A. 11A:2-11, it is clearly an appeal in which the Board ... violation of express or implicit legislative policies. In Re Taylor , 158 N.J. 644 , 656-57 (1999); In re CAFRA Permit ... normal operation of the particular business or enterprise . . . [ See footnote 2 Given the identity of these provisions, and the paucity of ... U.S. 321 , 334, 97 S. Ct. 2720 , 2729, 53 L. Ed.2d 786 , 799 (1977). See also International Union, ...

docket:	A1111-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-11
status:	published
citation:	364 N.J. Super. 608 837 A.2d 110
Document Size:	41614

861 COURT STATE OF NEW JERSEY v. EDWARD J. ROMAN, SR -- rank: 529

... Vincent Molitor, Assistant Prosecutor, argued the cause for respondent (Robert L. Taylor, Cape May County Prosecutor, attorney; Mr. Molitor, of counsel ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appealed his conviction and sentence, and we affirmed. State ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). “The defendant must show that ... ” Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. A defendant need not, however, show ...

docket:	a2199-08
court:	superior court appellate division
decided:	2010-10-19
status:	unpublished
citation:
Document Size:	40518

862 STATE OF NEW JERSEY v. AMIR A. ANDREWS -- rank: 529

... Release Act (NERA), N.J.S.A. 2C:43-7.2. In this appeal, defendant contends that the jury verdict in ... Honor, will you thank and excuse juror number four please," 2 the attorneys were sua sponte called to sidebar by the ... 1) found that defense counsel had impermissibly utilized peremptory challenges, (2) imposed a blanket requirement that defendant provide a race neutral ... U.S. 79 , 96, 106 S. Ct. 1712 , 1723, 90 L. Ed. 2d 69 (1986) (holding that a prosecutor's racial discrimination ... McCollum , 505 U.S. 42 , 112 S. Ct. 2348, 120 L. Ed. 2d 33 (1992), on remand 262 Ga 554 , ...

docket:	a4861-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-07
status:	unpublished
citation:
Document Size:	68168

863 TRACEY EMOLO v. JOHN C. EMOLO -- rank: 529

... seek or obtain a reduction in alimony if [plaintiff] earn[ed] an income." On the date set for trial, plaintiff reconsidered ... Green, defendant unilaterally sent the expert a letter on July 2, 2005, reciting he uncovered Dr. Green had been "paid for ... he concluded she had "mental disorders, diagnosed above, which render[ed] her unemployable." Dr. Crain's report stated, during their interview ... Dr. Crain, prepared on plaintiff's counsel's letterhead, "disavow[ed]" any possible impression that the conclusory statements in his prior ... Farms , supra , 65 N.J. at 483-84); Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 366 N.J. Super. at 372; see Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999) (stating that voluntary agreements " ...

docket:	a2746-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-19
status:	unpublished
citation:
Document Size:	127563

864 STATE OF NEW JERSEY v. ANDRE WILLIAMS, -- rank: 529

... OF HIS CONSTITUTIONAL RIGHTS PURSUANT TO MIRANDA v. ARIZONA. POINT 2    THE CONVICTION MUST BE VACATED AS THE FAILURE TO PROPERLY ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), their principal thrust lies in a challenge ... Ohio , 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) that could be justified only by a ... 411 , 417-18, 101 S. Ct. 690 , 694-95, 66 L. Ed.2d 621 , 628-29 (1981) (extending Terry 's ...

docket:	a4545-01
court:	njappellate
decided:	2003-11-06
status:	published
citation:	364 N.J. Super. 23
Document Size:	44244

865 State v. Raul Rodriguez -- rank: 529

... her right to move has been restricted. (Pp. 8-9) 2. An investigative stop is more intrusive than a field inquiry ... were patrolling the bus terminal in Atlantic City. At about 2:15 p.m., Officer Oberfrank received a telephone call from ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). The arrest occurred approximately twenty-five minutes ... 497 n.6 (citing Lafave, 3 Search and Seizure , § 9.2 at 53-54 (1978)). Neither the officer’s subjective intent ... belief of the citizen, State v. Tucker , 136 N.J. 158 , 165-66 (1994), determines whether a seizure has occurred. ...

docket:	a-19-01
court:	njsupreme
decided:	2002-05-15
status:
citation:	172 N.J. 117
Document Size:	43696

866 STATE OF NEW JERSEY v. AHMAD IBRAHIM -- rank: 529

... N.J.S.A. 2C:41-1 and 2C:5-2(g); second-degree conspiracy to commit theft by deception, N.J.S.A. 2C:5-2(a) and 2C:20-4(a); second-degree theft by deception, N.J.S.A. 2C:2-6(a) and 2C:20-4(a); second-degree conspiracy ... to commit identity theft, N.J.S.A. 2C:5-2(a) and 2C:21-17(a), (c)(3); second-degree identity theft, N.J.S.A. 2C:2-6(a) and 2C:21-17(a), (c)(3); third ... commit credit card theft, N.J.S.A. 2C:5-2(a) and 2C:21-6(c); third-degree credit ...

docket:	a3330-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-16
status:	unpublished
citation:
Document Size:	22078

867 STATE OF NEW JERSEY v. GERALDO FIGUEROA -- rank: 529

... in violation of N.J.S.A. 2C:43-7.2, which mandated that he serve eighty-five percent of his ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963); and (2) his counsel "failed to perfect" an alibi defense. This court ... post-conviction relief." State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed 2 d 88 (1997); accord Preciose , supra , 129 ...

docket:	a3482-06
court:	superior court appellate division
decided:	2009-07-15
status:	unpublished
citation:
Document Size:	53636

868 STATE OF NEW JERSEY v. DERRICK CAUTHORNE -- rank: 529

... the plea arrangement, including Cauthorne's "stip to persistent offender," 2 which was written on the plea form. The judge explained ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge also went over each charge and stated "the ... notice of appeal, which was ultimately reviewed pursuant to Rule 2:9-11. In December 2005, we affirmed the judgment of ... U.S. at 686, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692; State v. Fritz , 105 N.J. 42 ... U.S. ] at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. A deficient performance means that " ...

docket:	a0942-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-15
status:	unpublished
citation:
Document Size:	31632

869 MAZOUZ MIDDLETON SHANA v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 529

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-4362-07. Mazouz M. Shana, appellant pro se. Greenbaum, Rowe ... after [he] had already appeared for three days of depositions"; (2) denied his requests to adjourn the summary judgment motion and ... chemistry courses elsewhere," referring to a smaller institution. On May 2, 2002, Hills informed plaintiff his petition to delete the "W ... replace the "TC" with a permanent "A." In a July 2, 2004 e-mail, plaintiff confirmed he had completed the requested ... good cause, R. 4:46-1, and denied the request. 2 When plaintiff detailed the complications posed by his illness, the ... deference," and is subject to de novo review. Manalapan Realty, L.P. v. Twp. Comm. , 140 N.J. 366 , 378 ( ...

docket:	a5575-08
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	83782

870 /usr/local/share/www/libweb/collections/courts/supreme/a4252-10.opn.html -- rank: 529

... 3241. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). Defendant contends he is entitled to a new trial ... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); third-degree possession of a weapon for an ... while in custody in Florida.  Following three days of hearings, 2 the court denied defendant's motion. The court also conducted ... denied , 588 U.S. 831 , 130 S. Ct. 65 , 175 L. Ed.2d 48 (2009); see also State v. W.B. , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61364