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1261 STATE OF NEW JERSEY v. MOSES B. LOCKETT -- rank: 492

... appellant (Steven M. Gilson, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... murder, N.J.S.A. 2C:11-3(a)(1)-(2) (count one); instead, the jury convicted defendant of the lesser ... reasonable provocation, N.J.S.A. 2C:11-4(b)(2). He was also acquitted of first-degree transferred-intent attempted murder against McLeod, N.J.S.A. 2C:2-3, 2C:5-1, and 2C:11-3(a) (count ... intent aggravated assault against McLeod, N.J.S.A. 2C:2-3, 2C:12-1(b)(1) (count three); fourth-degree ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court imposed concurrent terms of incarceration of one ...

docket:	a4607-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-23
status:	unpublished
citation:
Document Size:	38248

1262 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 492

... also be found at 449 N.J.Super. 379 or 158 A.3d 44. (NOTE: The status of this decision is ... Court of New Jersey, Law Division, Essex County, Docket No. L-3980-10. Edward J. Dauber argued the cause for appellants ... V. ("Baby Jesse"). 1 As required by Rule 3:9-2, J.V. described under oath the facts supporting his guilty ... organ[.]" It is undisputed that Baby Jesse suffered catastrophic injuries. 2 It is also undisputed that after investigating a previous allegation ... child's maternal grandfather, U.M. ("Ugo"), and his wife, L.M. ("Linda") as caretakers while Vivian was at work. Vivian ... immunity from civil liability. N.J.S.A. 59:3-2(a). At the charge conference, the Division also argued ...

docket:	a3717-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 379 158 A.3d 44
Document Size:	87999

1263 STATE OF NEW JERSEY v. DESMOND SMITH -- rank: 489

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the aggravated assault charge and six months concurrent on ... in our earlier opinion: In September 2006, Dennis Marando (Dennis) 2 lived with his wife Lakeema in Jersey City, New Jersey ... indicted on charges stemming from this incident. [Slip op. at 2-6.] In addition, the victim testified that he had seen ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). Where the court does not hold an ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984) (stating that a ...

docket:	a0819-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	27955

1264 A-0STATE OF NEW JERSEY v. ROBERT WASHINGTON April 1, 2015 -- rank: 489

... supplemental brief, defendant states: POINT 1 JUDGE MISAPPLIED AGGRAVATING FACTOR #2, "THE GRAVITY AND SERIOUSNESS OF HARM INFLICTED ON THE VICTIM ... OF EXERCISING NORMAL PHYSICAL OR MENTAL POWER OF RESISTANCE." POINT 2 DEFENDANT IS ENTITLED TO HAVE MITIGATING FACTOR SIX APPLIED. IN ... Release Act (NERA), N.J.S.A. 2C:43-7.2, to run concurrently to his existing sentence, and not seek ... on this court's Excessive Sentence Oral Argument calendar. R. 2:9-11. Defendant argued the sentence was manifestly excessive and ... aggravating factor two was erroneous, the sentencing judge "double count[ed]" factors, and trial counsel failed to argue defendant "led a ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 , and United States v. Cronic , 466 ...

docket:	a5717-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	26162

1265 STATE OF NEW JERSEY v. PEDRO GOMES MICHEL -- rank: 489

... term of probation on a "wandering" charge in Essex County. 2 Also in 2005, a violation of probation was filed against ... Padilla [ v. Kentucky , ___ U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010)] and [ State v. ] Nuñez-Valdéz ... S. 288 [, 296, 109 S. Ct. 1060 , 1067-68, 103 L. Ed.2d 334 , 346] (1989). Defendant appeals and presents the following ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 692 (1984). Defendant must establish (1) ...

docket:	a4359-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-14
status:	unpublished
citation:
Document Size:	37962

1266 STATE OF NEW JERSEY v. ABDUL GRIGGS -- rank: 489

... murder, N.J.S.A. 2C:11-3a(1) and (2); second-degree possession of a weapon for an unlawful purpose ... Early Release Act, N.J.S.A. 2C:43-7.2, a concurrent five-year term of imprisonment with three years ... IMPARTIAL TRIAL, WHEN [THE] STATE MADE INFLAMMATORY, PREJUDICIAL, AND BIAS[ED] STATEMENTS ABOUT DEFENDANT IN [ITS] SUMMATION, AND IN [ITS] OPENING ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989), and State v. Sturdivant , 31 N.J ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960), the judge barred the testimony, ...

docket:	a3814-10
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	49991

1267 IN RE REORGANIZATION PLAN 1-2011 -- rank: 489

... for Supportive Housing, and Mercer Alliance to End Homelessness (Henry L. Kent-Smith, of counsel and on the brief). The opinion ... County NAACP v. Township of Mount Laurel , 92 N.J. 158 (1983) ( Mount Laurel II ), and Southern Burlington County NAACP v ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975) ( Mount Laurel I ), the Supreme Court held ... and functions, and the expeditious administration of the public business; 2. Reduce expenditures and promote economy consistent with the efficient operation ... undermine the legislative underpinning of both COAH and the FHA. 2 According to appellant, whereas under COAH, "all decisions were ...

docket:	a6301-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J. Super. 410 38 A.3d 620
Document Size:	95286

1268 STATE OF NEW JERSEY v. SHADEE TROTMAN -- rank: 489

... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court merged Count Five with Count Three; and merged ... not be granted." State v. Marshall , 148 N.J. 89 , 158 (internal citations omitted), cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Claims of ineffective assistance of counsel are ... U.S. at 694; 104 S. Ct. at 2068, 80 L. Ed. 2d at 698); s ee also State v. Allegro , ...

docket:	a0724-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-03
status:	unpublished
citation:
Document Size:	55782

1269 STATE OF NEW JERSEY v. DAVID L. JOHNSON -- rank: 489

... 4565-10T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID L. JOHNSON, Defendant-Appellant. _________________________________________________ August 9, 2012 Argued May 1, 2012 ... J. Mennuti, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney; Mr. Mennuti, on the brief). PER CURIAM Defendant, David L. Johnson, appeals from his conviction for second-degree possession of ... A stipulation was read to the jury that: Defendant David L. Johnson stipulates that he previously has been convicted of a ... a Title VII, 42 U.S.C.A. § 2000e-2, model for analysis of what burden each party bears in ... U.S. 61 , 76, 120 S. Ct. 1119 , 1129, 146 L. Ed.2d 47 , 60-61 (2000) (Stevens, J., concurring)). ...

docket:	a4565-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	unpublished
citation:
Document Size:	46175

1270 SOPHIE MISTRICK VS DIVISION OF MEDICAL ASSISTANCE & HEALTH SERVICES -- rank: 489

... the cause for respondent (Peter Verniero,         Attorney General, attorney; Joseph L. Yannotti,         Assistant Attorney General, of counsel;         Mr. Underriner, on the ... account, which he did. His monthly income then totalled about $2,400, consisting of social security, payments from the IRA, and ... allowance in the amount of some $23,800. See footnote 2 The application was denied on the ground that the community ... U.S. 154 , 157, 106 S. Ct. 2456 , 2458, 91 L. Ed.2d 131 , 137 (1986); Schweiker v. Gray Panthers , 453 U ... S. 34 , 36-37, 101 S. Ct. 2633 , 2636, 69 L. Ed.2d 460 , 465 (1981); Harris v. McRae , 448 ...

docket:	a5519-95
court:	njappellate
decided:	1997-03-24
status:	published
citation:	299 N.J.Super. 76
Document Size:	22916

1271 Carole Brundage v. Estate of Carl V. Carambio -- rank: 489

... Family Part judge or the appellate panel. (Pp. 16-21) 2. In its initial articulation, RPC 3.3(a)(5) prohibited ... seeking palimony support." Levine , supra , 383 N.J. Super. at 2. While that appeal was pending, plaintiff Carole Brundage retained Collins ... must be filed in connection with an appeal, see R. 2:5-1(a), requires disclosure of existing similar appeals, and ... RPC . Brundage , supra , 394 N.J. Super. at 295 n.2. B. The heart of the dispute, and the focus of ... Id . at 674 (citing Debevoise Committee Report , 112 N.J.L.J. , July 28, 1983, supp. at 13); see In re ... Ibid. (quoting Comment to RPC 3.3, 114 N.J.L.J. , July 19, 1984, supp. at 8-9).] In ...

docket:	a-56-07
court:
decided:	2008-07-15
status:
citation:	195 N.J. 575 951 A.2d 947
Document Size:	171554

1272 STATE OF NEW JERSEY v. MAURICE BRACK -- rank: 489

... murder, N.J.S.A. 2C:11-3a(1) and (2). We affirm. The victim was involved in a physical altercation ... initiation . . . ." The judge conducted an analysis under State v. Cofield 2 and found that the gang status goes to explain why ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). Our Supreme Court has held that a ... made by defendant before being informed of his Miranda rights; (2) the proximity in time and place between the pre- and ... U.S. 492 , 495, 97 S. Ct. 711 , 714, 50 L. Ed.2d 714 , 719 (1977) (holding that voluntary presence ...

docket:	a5479-10
court:	NJ Superior Court Appellate Division
decided:	2014-10-22
status:	unpublished
citation:
Document Size:	38846

1273 STATE OF NEW JERSEY v. JORGE GALLINAT -- rank: 489

... S. 668, 684-85, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). "[W]hether retained or appointed ... Id. at 685-86, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S ... n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970)). The New Jersey ...

docket:	a4964-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-08
status:	unpublished
citation:
Document Size:	17192

1274 STATE OF NEW JERSEY v. VICTOR BAYLOR -- rank: 489

... Early Release Act, N.J.S.A. 2C:43-7.2 . On count five, possession of a firearm by a convicted ... it was "clearly capable of producing an unjust result." R. 2:10-2. The error must have been "'sufficient to raise a reasonable ... 541 U.S. 36 , 59, 124 S. Ct. 1354 , 1369, 158 L. Ed.2d 177 , 197 (2004). Initially, we reject defendant's ...

docket:	a3891-07
court:	superior court appellate division
decided:	2010-08-24
status:	unpublished
citation:
Document Size:	128578

1275 STATE OF NEW JERSEY v. JAVIER GARCIA, a/k/a JAVIER SILVA JAVIER MARTINEZ and OCHO GARCIA -- rank: 489

... 2012 to first-degree aggravated manslaughter, appeals from the December 2, 2013 Law Division order, which denied his petition for post ... Brunswick. The State alleges that Maximo Nunez and Miguel Aviles 2 tortured and killed Arce-Perez because Arce-Perez owed Nunez ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that defendant's State ... a scheme with Aviles and Nunez to rob Arce-Perez; (2) defendant's role included luring Arce-Perez to a garage ... sentence. Defendant did not file a direct appeal. On January 2, 2013, defendant filed a petition for PCR. On December 2, 2013, Judge Paone heard oral argument on the petition ...

docket:	a2710-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	29089