Search Rutgers Law Library N.J. Court Opinions

946 State v. Scott Robertson -- rank: 521

... Division by demonstrating the three elements set forth in Rule 2:9-4. If a stay is granted, the court may ... the two levels of the court system. (pp. 7-9) 2. The Crowe v. De Gioia three-part test, supra , 90 ... judges to stay a sentence. Those sources—in particular, Rule 2:9-4—highlight the issues judges should consider when they ... defendant is convicted of DWI by the Law Division, Rule 2:9-4 applies. At this stage, the defendant has the ... involves a substantial question that should be determined” on appeal, (2) the safety of any person or the community “will ... is no significant risk of defendant’s flight.” R. 2:9-4. A defendant must satisfy an onerous standard ...

docket:	A-58-14
court:	NJ Supreme Court
decided:	2017-03-08
status:
citation:	228 N.J. 138 155 A.3d 571
Document Size:	76423

947 STATE OF NEW JERSEY v. NYAKEH BRIMA -- rank: 521

... fourth-degree resisting arrest, N.J.S.A. 2C:29–2(a)(2). At the time of defendant's crime, the second-degree ... ten years, N.J.S.A. 2C:43–6(a)(2). Defense counsel negotiated a plea agreement under which the prosecutor ... a waiver under N.J.S.A. 2C:43–6.2, which provides: [o]n a motion by the prosecutor made ... 1992)), cert. denied , ___ U.S. ___, 134 S. Ct. 1329 , 188 L. Ed.2d 339 (2014). Moreover, such claims usually have not ...

docket:	a3197-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	40585

948 D.O., individually, and on behalf of M.O., a minor child v. JACKSON TOWNSHIP BOARD OF EDUCATION -- rank: 521

... Court of New Jersey, Law Division, Ocean County, Docket No. L-1738-16. John Rue argued the cause for appellant (John ... a threshold matter, this records case appears A-3783-19 2 to be moot, given the trial court's finding that ... where the parties each moved for summary decision. On September 2, 2016, an Administrative Law Judge ('ALJ') granted plaintiff's motion ... v. Jackson Twp. Bd. of Educ., Dkt. No. 17-1581, 2 019 U.S. Dist. LEXIS 72875 (D.N.J. Apr ... R. 300.613' and 'N.J.A.C. 6A:32.2-1 & [6A:32-]7.5,' state regulations implementing the New ... an exhibit and referenced it in the statement of facts. 2 2 In her briefs, plaintiff claims that she 'sought ...

docket:	a3783-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Unpublished
citation:
Document Size:	76461

949 STATE OF NEW JERSEY v. D.D. -- rank: 521

... appellant (Alan I. Smith, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Deepa S.Y ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), and one count of second-degree endangering the ... 1) AND N.J.S.A. 2C:44-1(a)(2) WERE APPLICABLE. B. THE TRIAL COURT MISAPPLIED ITS DISCRETION IN ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (counts one and two); and second-degree endangering ... to the then Division of Youth and Family Service (DYFS), 2 which assigned a caseworker. Together with the caseworker, Cubillos visited ... closer in time to the alleged sexual assault and "concern[ed] aspects of what occurred." Our review of a trial ...

docket:	a4236-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-14
status:	unpublished
citation:
Document Size:	72575

950 JAMES LONG and HOMER WALKER v. NEW JERSEY TURNPIKE AUTHORITY - -- rank: 521

... violations (permitted by N.J.A.C. 19:9-9.2(b)) was excessive and exceeded the actual cost of processing ... factual findings, and applied the wrong legal A-1557-17 2 standard. Having considered petitioners' contentions in light of the record ... a); and that N.J.A.C. 19:9-9.2(b), the regulation setting the fee amount at $50, is ... 27:23-25; N.J.A.C. 19:9-9.2(a). It is 'unlawful for any person to refuse to ... such tolls.' Ibid. N.J.S.A. 27:23-34.2(a) authorizes NJTA to 'adopt toll collection monitoring system regulations ... 1) 'with United States currency in a staffed toll lane'; (2) with 'United States coin in an 'Exact Change' lane'; ...

docket:	a1557-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	76659

951 STATE OF NEW JERSEY v. JOHN L. WILLIAMS -- rank: 521

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN L. WILLIAMS, 1 Defendant-Appellant. ___________________________ July 15, 2016 Submitted March 14 ... supplemental brief. PER CURIAM A grand jury indicted defendant John L. Williams for second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); fourth-degree unlawful possession of a weapon ... 40, and suspended defendant's driving privileges for one year. 2 On appeal, defendant raises the following contentions in assigned counsel ... 53 N.J. 354 (1969); see also State v. Frost , 158 N.J. 76 , 86 (1999). While defendant correctly cites this ... the trial judge, we review it for plain error. R. 2:10-2; State v. Macon , 57 N.J. 325 , ...

docket:	a1289-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-15
status:	unpublished
citation:
Document Size:	54364

952 STATE OF NEW JERSEY v. SHILOH SMITH -- rank: 521

... 2C:35-5(a)(1) and 2C:35-5(b)(2); third-degree possession of cocaine with intent to distribute within ... a bad check, N.J.S.A. 2C:21-5. 2 Pursuant to the plea agreement, defendant would be sentenced to ... and because N.J.S.A. 2C:44-5(a)(2) permits only one extended term sentence at one sentencing occasion ... SENTENCED TO AN EXTENDED TERM BASED ON HIS PRIOR RECORD. 2. THE TRIAL COURT MISAPPLIED THE CRITERIA FOR IMPOSING AN EXTENED ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). We review such decisions under "an ...

docket:	a0574-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	52861

953 STATE OF NEW JERSEY v. QUAMEIR T. WATERS -- rank: 521

... Jennifer Webb-McRae, Cumberland County Prosecutor, attorney for respondent (Kim L. Barfield, Assistant Prosecutor, of counsel and on the brief). PER ... Release Act (NERA), N.J.S.A. 2C:43-7.2(a). The court merged counts two through six into count ... PHONE PHOTOGRAPHS THAT WERE DELETED BEFORE THE SPONTANEOUS OFFENSE AND 2) FROM [DEFENDANT]'S "FLIGHT," WHICH CONSISTED OF HIS GOING HOME ... denied , 568 U.S. 1217 , 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). The issue raised in claims of prosecutorial ... 397 , 446 (2007) (quoting State v. Smith , 167 N.J. 158 , 181 (2001)), cert. denied , 552 U.S. 1146 , 128 ...

docket:	a5382-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	51887

954 STATE OF NEW JERSEY v. ALONZO HARRISON -- rank: 521

... of third-degree burglary, N.J.S.A. 2C:18-2, and second-degree aggravated arson, N.J.S.A. 2C ... a defendant must (1) "identify a constitutionally-cognizable group," 1 (2) "show that representation of that group over a period of ... U.S. 357 , 364, 99 S. Ct. 664 , 668, 58 L. Ed.2d 579 , 587 (1979)). The Equal Protection Clause of the ... that he is a member of a constitutionally cognizable group, (2) "substantial underrepresentation" of that group in jury pools over a ... U.S. at 494, 97 S. Ct. at 1280, 51 L. Ed. 2d at 510-11). Defendant's claimed constitutional ...

docket:	a3005-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	53954

955 STATE OF NEW JERSEY v. JASON A. DOTTS, III -- rank: 518

... Defendant-Appellant. __________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES L. DOTTS, III, a/k/a JAMES DOTTS, Defendant-Appellant. __________________________ Submitted ... brief). Joseph E. Krakora, Public Defender, attorney for appellant James L. Dotts, III (Michael A. Priarone, Designated Counsel, on the brief ... of writing one opinion, defendants Jason A. Dotts and James L. Dotts , III, twin brothers, 1 challenge their convictions and sentences ... one defendant would be named after his father. Because James L. Dotts was referenced with the suffix, whereas Jason A. Dotts ... intend no disrespect by employing this informality. A-4830-18 2 N.J.S.A. 2C:5-2(a)(1). Prior to trial, their co-defendant, Ramel ...

docket:	a4830-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-01
status:	Unpublished
citation:
Document Size:	97873

956 STATE OF NEW JERSEY v. JORGE CASTRO -- rank: 518

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... backing up "[t]o defend [herself]" because "[h]e want[ed] to kill [her]." N.M. drove towards North Broad Street ... officers from both Hillside and Elizabeth responded to the scene. 2 N.M., who testified through an interpreter, said her English ... you have sex with [N.M.] on March 28, [2007]?"; (2) "[W]ere you the person that had sex . . . with [N ... assault in violation of N.J.S.A. 2C:14-2(a)(3) (count one); second-degree burglary in violation of N.J.S.A. 2C:18-2(b)(1) (count two); second-degree sexual assault in ...

docket:	a6312-08
court:	NJ Superior Court Appellate Division
decided:	2013-06-21
status:	unpublished
citation:
Document Size:	67237

957 HARLEY DAVIDSON MOTOR CO., INC. V. ADVANCE DIE CASTING, INC ET AL -- rank: 518

... with prejudice was entered in the underlying action on June 2, 1995. At no time did anyone attempt to consolidate the ... at 273-74; Pressler, Current N.J. Court Rules , comment 2 on R. 4:30A (1996). ��� It is well settled in ... Cola v. Packer , 156 N.J. Super. 77 , 81 n.2 (App. Div. 1977); New Jersey Transit Rail Operations, Inc. v ... obtained in the first action. N.J.S.A. 12A:2-607(5)(a), a Uniform Commercial Code provision, permits a ... 803(c)(26). See also N.J.S.A. 12A:2-607(5)(a). II. Indemnification Claim ��� There are, however, two ... revealed that Advance Die Casting manufactured the part. See footnote 2 Neither party has provided evidence concerning whether Advance Die ...

docket:	A1945-95
court:	NJ Superior Court Appellate Division
decided:	1996-06-18
status:	published
citation:	292 N.J. Super. 62
Document Size:	34753

958 TOLL BROS., INC., et al. v. TOWNSHIP OF MOORESTOWN et al. -- rank: 518

... A-2537-04T22537-04T2 TOLL BROS., INC., and LAUREL CREEK, L.P., Plaintiffs-Appellants, v. TOWNSHIP OF MOORESTOWN and THE MOORESTOWN ... Court of New Jersey, Law Division, Burlington County, Docket No. L-167-04. Carl S. Bisgaier argued the cause for appellants ... Moorestown). PER CURIAM Plaintiffs Toll Brothers, Inc. and Laurel Creek, L.P., appeal from the December 20, 2004 order of the ... COAH litigation instituted by ALC, Foursome agreed to contribute approximately $2.6 million to Moorestown's Affordable Housing Trust Fund. The ... It is undisputed that plaintiffs have, in fact, paid approximately $2.8 million into Moorestown's Affordable Housing Trust Fund in ... Phase 1C, plaintiff proposed a plan pursuant to which Phase 2 of the overall development and the Winner Farm, which ...

docket:	A2537-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-18
status:	unpublished
citation:
Document Size:	92218

959 /usr/local/share/www/libweb/collections/courts/tax/10172-41.opn.html -- rank: 518

... Court Reports ) TOWNSHIP OF TOMS RIVER, ) ) Defendant. ) --------------------------------------------------------x Decided: October 2, 2017 Todd W. Heck for plaintiff (Testa, Heck, Testa & White ... health risks associated with our soldiers’ exposure to Agent Orange 2 and other herbicides had been ongoing for almost two decades ... from which she received a small settlement in the amount $2,000 in 1996. Due to a number of court decisions ... of New Jersey in Tippett v. McGrath , 70 N.J.L. 110 (1903), determined that exemptions of property from taxation that ... therefore… [ N.J.S.A. 54:4-3.30(a); L. 1948.] As originally enacted, section (b) of the statute extended ... Revenue, Finance and Appropriations Committee Statement, Senate No. 1789 – L. 1977, c. 377. In 1985, the statute was further ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	107884

960 STATE OF NEW JERSEY v. ADEMIR RAMALHO -- rank: 518

... Early Release Act, N.J.S.A. 2C:43-7.2. The judge also imposed appropriate fines and assessments. Defendant's ... Arizona , 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Defendant signed a waiver of his rights ... and for whom he had waited all of his life. 2 Dr. Apolito had a third diagnosis for defendant — depersonalization ... disorder — a psychosis, or severe mental illness, which involves "[l]oss of contact with reality, loss of a normal thought ... unjust result, we do not reverse on that ground. R. 2:10-2. Reversal is required because the typed instruction ...

docket:	a2056-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-20
status:	unpublished
citation:
Document Size:	47019