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901 STATE OF NEW JERSEY v. JAMES SOSINSKI, -- rank: 526

... sexually suggestive photos with the nightstick were taken. At about 2:00 p.m., the girls left the trailer and J ... N.G. although they were both clothed.     On Saturday, August 2, 1997, when N.G. returned for her third day of ... attested to these facts at the pretrial Burris See footnote 2 2 hearing held to determine whether defendant's statement could be ... U.S. 714 , 723, 95 S. Ct. 1215 , 1221, 43 L. Ed.2d 570 , 578 (1975) (holding that a defendant's ...

docket:	a5279-98
court:	njappellate
decided:	2000-05-12
status:	published
citation:	331 N.J.Super. 11
Document Size:	27904

902 State v. Lavar Winder -- rank: 526

... had used (his/her) faculties for that purpose." (Pp. 1118). 2. The issue in Worlock was whether, when instructing a jury ... an insanity defense or their prejudices on mental illness; and 2) ineffective assistance of counsel resulted from defense counsel's failure ... killing him instantly. He was charged with first-degree murder, 2 rights and tape-recorded the confession that defendant gave. Defendant ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also sentenced defendant to a concurrent three-year ... 1978, as part of the Code of Criminal Justice (Code), L. 1978 c. 95, the statute was amended once solely to clarify that insanity constitutes an affirmative defense, s ee L. 1979 c. 178. As the "standard for determining criminal ...

docket:	a-34-08
court:	supreme
decided:	2009-07-28
status:
citation:	200 N.J. 231 979 A.2d 312
Document Size:	143715

903 MICHAEL ALLEN et al. v. WORLD INSPECTION NETWORK INTERNATIONAL, INC. -- rank: 526

... Appellant. ________________________ Argued October 30, 2006 - Decided Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of ... brief). The opinion of the court was delivered by S.L. REISNER, J.A.D Defendant, World Inspection Network International, Inc ... FAA or Federal Act), 9 U.S.C.A. § 2, preempted New Jersey law insofar as State law might preclude ... revocation of any contract . [9 U.S.C.A. § 2 (emphasis added).] Both parties thoroughly briefed the preemption issue. However ... the Federal Arbitration Act, 9 U.S.C.A. § 2. However, the trial court's finding in this case, based ... that evidence. Compare B & S Ltd. v. Elephant & Castle Int'l, Inc. , 388 N.J. Super. 160 (Ch. Div. 2006) ( ...

docket:	A1624-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-05
status:	published
citation:	389 N.J. Super. 115 911 A.2d 484
Document Size:	69268

904 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 STATE OF NEW JERSEY v. URIAH HILL -- rank: 526

... v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177, 194 (2004). 2 A-3577-14T3 HAD NO PRIOR OPPORTUNITY TO CROSS-EXAMINE ... DEFENDANT'S REQUEST TO PROVIDE THE JURY WITH A CLAWANS[2] CHARGE ABOUT THE STATE'S FAILURE TO PRODUCE [THE 911 ... call played to the jury, she stated that she 'just 2 State v. Clawans, 38 N.J. 162 (1962). 3 ...

docket:	a3577-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-19
status:	unpublished
citation:
Document Size:	48378

905 STATE OF NEW JERSEY v. MICHAEL COPPOLA -- rank: 526

... defendant 'running . . . into the middle of the A-0256-08T4 2 street.' He was 'covered in blood' and 'collapsed' onto the ... A.M. After they arrived at the condominium at approximately 2:30 a.m., they continued to drink, including vodka drinks ... want to die,' at which point Seifried stopped questioning him. 2 Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). A-0256-08T4 12 Defendant, who had ... After conviction defendant sought judgment of acquittal, Rule 3:18-2, or in the alternative, a new trial, Rule 3: ...

docket:	a0256-08
court:	superior court appellate division
decided:	2010-09-07
status:	unpublished
citation:
Document Size:	94149

906 Andrew Hojnowski v. Vans Skate Park, et als. -- rank: 526

... pre-injury waiver of liability or an agreement to arbitrate. 2 In January 2003 , twelve-year-old Andrew Hojnowski was injured ... arbitration, as well as provisions limiting Vans’ liability for injury. 2 In August 2003 , Andrew, acting through his parents as guardians ... also applies in the pre-injury context. (Pp. 9-15) 2. Business owners owe invitees a duty of reasonable or due ... this legal document. The document then provides, in relevant part: 2. Can You Make A Claim For Money If You Are ... against Vans. Their complaint alleges that Vans “negligently fail[ed] to supervise the activities at the skate park, negligently failed ... the validity of the pre-injury release of liability. R. 2:2-1(a)(2). We also permitted the Pacific ...

docket:	a-17-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	111029

907 SUZANNE TURNER VS FIRST UNION NATIONAL BANK, DANIEL IVERSON VS COLLECTIVE BANK & THOMAS KELLY VS CHASE MANHATTAN MORTGAGE CORPORATION -- rank: 523

... fact, this was stipulated to by the parties. See footnote 2 Thus, applying the foregoing principle of statutory construction to Iverson ... see ACPE Opinion No. 27 , reprinted in 87 N.J.L.J. 97 (February 13, 1964), as well as the Supreme ... also ACPE Opinion No. 119 , reprinted in 90 N.J.L.J. 749 (November 16, 1967); ACPE Opinion No. 100 , reprinted in 89 N.J.L.J. 696 (October 27, 1966); ACPE Opinion No. 51 , reprinted in 87 N.J.L.J. 705 (November 5, 1964).     In 1973, Governor William Cahill ... A-1788. That bill was enacted on July 7, 1975, L. 1975, c. 145, § 1, and codified as N.J. ...

docket:	a5665-96
court:	njappellate
decided:	1998-07-09
status:	published
citation:	314 N.J.Super. 33
Document Size:	36703

908 STATE OF NEW JERSEY v. FAYYAADH HARRIS -- rank: 523

... opinion. Harris , supra , No. A-5007-04 (slip op. at 2-12). Briefly, defendant, who had been selling drugs on a ... of his arrest. Following his arrest, believing defendant was eighteen, 2 police read the prescribed Miranda rights to defendant, and defendant ... BECAUSE THE COURT FAILED TO APPLY CORRECT R . 3:22-2 CRITERIA. POINT II TRIAL COUNSEL'S FAILURE TO INFORM THE ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). Whether "retained or appointed," such ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 ...

docket:	a5825-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-18
status:	unpublished
citation:
Document Size:	23332

909 STATE OF NEW JERSEY v. SALAAM REID -- rank: 523

... his sentence was illegal. We disagree and affirm. On October 2, 2003, defendant pled guilty to first-degree carjacking, N.J.S.A. 2C:15-2, in exchange for a twelve-year prison term pursuant to ... Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing, defendant testified as follows: Court: Have ... Post Conviction Relief," and PCR counsel filed a separate brief. 2 Defendant primarily argued that his factual basis was inadequate, and ... S. 668, 684-85, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). "[W]hether retained or ...

docket:	a6398-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-05
status:	unpublished
citation:
Document Size:	23867

910 IN THE MATTER OF THE CIVIL COMMITMENT OF F.D SVP-202-01 -- rank: 523

... respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; David L. DaCosta, Deputy Attorney General, on the brief). PER CURIAM By ... evidence that appellant should be committed is without merit. R. 2:11-3(e)(2). We deem it unnecessary to relate appellant's extensive criminal ... Appellant alludes to proposed N.J.A.C. 10:36A-2.3 for the proposition that he had "the right to ... adopted as proposed. Instead, N.J.A.C. 10:36A-2.3 provides that: (a) Each resident shall have the following ... policies, and pursuant to N.J.A.C. 10:36A-2.4 (10A:35-2.4) when . . . the Department of ...

docket:	a2267-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-11
status:	unpublished
citation:
Document Size:	56297

911 STATE OF NEW JERSEY v. GUILIO MESADIEU -- rank: 523

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and Kimberly Donnelly, Law Intern ... at defendant's request, the motion judge conducted a Crudup 2 hearing, concluding the State was not required to release the ... Myers , 470 U.S. 1084 , 105 S. Ct. 1842 , 85 L. Ed.2d 142 (1985)). The Supreme Court thereafter addressed the scope ... State's case. Nesbitt , supra , 185 N.J. at 516. (2) For the first time on appeal, defendant contends "the State ... denied , 532 U.S. 931, 121 S.Ct. 1380, 149 L. Ed. 2d 306 (2001) . If the testimony were admitted ...

docket:	a2408-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	77168

912 /usr/local/share/www/libweb/collections/courts/appellate/a4637-02a2267-05.opn.html -- rank: 523

... respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; David L. DaCosta, Deputy Attorney General, on the brief). PER CURIAM By ... evidence that appellant should be committed is without merit. R. 2:11-3(e)(2). We deem it unnecessary to relate appellant's extensive criminal ... Appellant alludes to proposed N.J.A.C. 10:36A-2.3 for the proposition that he had "the right to ... adopted as proposed. Instead, N.J.A.C. 10:36A-2.3 provides that: (a) Each resident shall have the following ... policies, and pursuant to N.J.A.C. 10:36A-2.4 (10A:35-2.4) when . . . the Department of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	53337

913 STATE OF NEW JERSEY v. CHEVESSE COVIN -- rank: 523

... to suppress and to exclude defendant's statements. At approximately 2:00 p.m. on October 17, 2003, Long Branch Police ... The Conversation Took An Accusatory And/Or Investigatory Tone And (2) A Reasonable Person In [Defendant's] Position Would Not Have ... suspicion he needed to detain [defendant] while he investigated further. 2. Chaparro's recollection that an officer in the Street Crime ... U.S. 218 , 219, 93 S. Ct. 2041 , 2043, 36 L. Ed.2d 854 , 858 (1973). One exception, based upon the decision ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968), is "the right of a ...

docket:	a4527-04
court:
decided:	2007-01-24
status:	Published
citation:
Document Size:	52510

914 STATE OF NEW JERSEY v. RUEL LAWAS -- rank: 523

... second-degree sexual assault, N.J.S.A. 2C:14-2(b), and third-degree child endangerment, N.J.S.A ... the same thing. He put his private spot on mine." 2 After interviewing J.G., Detective Ireland, along with Detective William ... 1) "pressing" meant, "pressing when [he would] hug [J.G.]"; (2) when he said "it won't work," he was referring ... OF FAIR COMMENT IN HER OPENING AND SUMMATION THAT R.L. WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND ... error was "clearly capable of producing an unjust result." R. 2:10-2. However, the mere possibility of an unjust result will ...

docket:	a1581-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	36240

915 HAVEN SAVINGS BANK v. kathleen m. zanolini -- rank: 523

... 18, 2010 – Decided: Before Judges Cuff, Payne, and C.L. Miniman. On appeal from Superior Court of New Jersey, Chancery ... attorneys; Mr. Klein and Emmanuel J. Argentieri, of counsel; Stacy L. Moore, Jr., on the brief). Respondents have not filed briefs ... owner of realty commonly known as 450 Seventh Street, Apt. 2-I, Hoboken. Zanolini gave a mortgage on the property to ... Zanolini. The General Equity judge held plenary hearings on February 2, 3, and 26, 2009, after no settlement was reached. Jed ... 1) she first learned when she signed the contingency agreement; (2) she first learned at the October 11, 2008, hearing; and ... denied , 506 U.S. 871 , 113 S. Ct. 203 , 121 L. Ed.2d 145 (1992). Thus, the judge reduced Global' ...

docket:	a4069-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-09-07
status:	Published
citation:
Document Size:	75197