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. DOUGLAS JOHNSON -- rank: 521

... indicted defendant, charging conspiracy N.J.S.A. 2C:5-2, attempted murder N.J.S.A. 2C:5-1, murder N.J.S.A . 2C:11-3a(1) and (2), unlawful possession of a weapon N.J.S.A. 2C ... Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's conviction and sentence considered during the excessive sentencing oral argument (ESOA) calendar on September 2, 2011. See Rule 2:9-11. We remanded to require amendment to the judgment ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our ...

docket:	a2157-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	25166

948 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status:	unpublished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

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 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

951 STATE OF NEW JERSEY v. FRANK MILLER -- rank: 521

... v. FRANK MILLER, Defendant-Appellant. ________________________________ April 1, 2011 Submitted: March 2, 2011 - Decided: Before Judges Fisher and Fasciale. On appeal from ... for appellant (Michael Confusione, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... Fenton , 474 U.S. 104 , 106 S. Ct. 445 , 88 L. Ed.2d 405 (1985). It was ultimately determined that the manner ... denied , 479 U.S. 989 , 107 S. Ct. 585 , 93 L. Ed.2d 587 (1986). In 2008, defendant filed his PCR ...

docket:	a3091-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-01
status:	unpublished
citation:
Document Size:	18436

952 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

953 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

954 STATE OF NEW JERSEY v. DAVID ARISTE -- rank: 521

... Williams, N.J.S.A. 2C:11-3a(1) or (2); first-degree attempted murder of William Hogges, N.J.S ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a consecutive eighteen-year term subject to eighty ... secured the scene, awaiting police back-up and paramedics. At 2:10 a.m., Passaic County Prosecutor's Office Detective Joseph ... have been clearly capable of producing an unjust result." R. 2:10-2. In such cases, "[t]he absence of an objection suggests ... prejudicial, are not so "inherently inflammatory" as to have "divert[ed] the minds of the jurors from a reasonable and ...

docket:	a3318-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-16
status:	unpublished
citation:
Document Size:	75012

955 STATE OF NEW JERSEY v. SANTINO J. MICELLI a/k/a SANTINO J. MICELI a/k/a SANTINO MICELI -- rank: 518

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (David A. Malfitano ... at 3:30 a.m. on August 24. At approximately 2:30 a.m. on August 24, a blue Suzuki caught ... detective concerning the Attorney General Guidelines ( Guidelines ) for photo identifications. 2 The judge barred the defense from doing so because Detective ... Brathwaite , 432 U.S. 98 , 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977). In Herrera , our Supreme Court identified the ... U.S. at 114, 97 S. Ct. at 2253, 53 L. Ed. 2d at 154).] "Reliability is the linchpin in ...

docket:	a1485-10
court:	New Jersey Superior Court Appellate Division
decided:	2012-02-14
status:	Published
citation:
Document Size:	65715

956 Fertile v. St. Michael's Medical Center -- rank: 518

... possible, resort to an order of remittitur. (Pp. 11-14) 2. The comments in the summation of plaintiffs' counsel that were ... did not file a protective cross-petition pursuant to Rule 2:12-11. We granted certification. 165 N.J. 679 (2000 ... other remedies are available including remittitur and additur See footnote 2 2 . Velop, Inc. v. Kaplan , 301 N.J. Super. 32 , 42 ... condition for denial of the motion.� Rayburn, supra , 43 Miss. L.J. at 107. In other words, remittitur denies a defendant ... the necessity of a new trial. Rayburn, supra , 43 Miss. L.J. at 107. Remittitur has long been employed by ...

docket:	a-49-00
court:	njsupreme
decided:	2001-07-25
status:
citation:	169 N.J. 481
Document Size:	68933

957 STATE OF NEW JERSEY v. JEROME SHAW -- rank: 518

... brief for appellant Jerome Shaw in A-0971-11; Jack L. Weinberg, Designated Counsel, on the brief for appellant Ada Knowles ... property into the State, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-7. The State ... females, later identified as Knowles, Kristal Middleton, and Quinetta Kersey. 2 Lieutenant Panichella testified at the suppression hearing that the four ... Ohio , 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), as Shaw attempted to get into the ... specifically as to (1) the items taken from Shaw; and (2) the confiscated black shoulder bag and its contents. A. ...

docket:	a1318-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-01-03
status:	unpublished
citation:
Document Size:	94877

958 STATE OF NEW JERSEY v. SHAKEIL R. PRICE -- rank: 518

... Defendant-Appellant. ____________________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALLAN L. EAFORD, a/k/a ALLAN LASHAUN EAFORD, ALAN EAFORD, LASHAWN S. EAFORD, ALLEN L. EAFORD, BILL EAFORD, Defendant-Appellant. _____________________________________________________ March 12, 2014 Submitted November ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Allan L. Eaford (William Welaj, Designated Counsel, on the brief). Andrew C ... that she saw the man, who Rodriguez identified as Eaford, 2 point a gun at Soto. Cleary recounted that she heard ... Glen Drive occurrence in the early morning hours of August 2, 2008. This video lies at the heart of one of ... Point III, to warrant discussion in a written opinion. R. 2:11-3(e)(2). With the exception of remanding ...

docket:	a2937-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	58370

959 Trantino v. New Jersey Parole Board -- rank: 518

... be arbitrary or an abuse of discretion. (pp. 4-7) ���� 2. For prisoners serving a sentence under Title 2A, the current ... appellants ( Peter Verniero , Attorney General of New Jersey, attorney; Joseph L. Yannotti and Mary C. Jacobson , Assistant Attorneys General, of counsel; Mr. McCoach , Jennifer L. Kleppe , Dianne M. Moratti and Andrew R. Sapolnick , Deputy Attorneys ... before us as a matter of right pursuant to Rule 2:2-1(a)(2), concerns the criteria upon which inmates sentenced to prison ...

docket:	a-43-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 19
Document Size:	74848

960 STATE OF NEW JERSEY v. GREGORY L. BANKS -- rank: 518

... 06T43353-06T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY L. BANKS, Defendant-Appellant. ____________________________________________ Submitted January 14, 2009 - Decided Before Judges ... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Following a jury trial, defendant Gregory L. Banks was convicted of second-degree eluding a police officer ... to a result it otherwise might not have reached." R. 2:10-2; State v. Macon , 57 N.J. 325 , 336 (1971). Defendant ... injury or death along the chase route." State v. Wallace , 158 N.J. 552 , 560 (1999). The Court subsequently interpreted ...

docket:	a3353-06
court:	njappellate
decided:	2009-01-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40348