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1276 STATE OF NEW JERSEY V. JOSEPH P. COSTA, III -- rank: 489

... to the vehicle and retrieved a clear plastic bag containing 2.39 grams of marijuana and gave it to Cavanaugh. Both ... U.S. 433 , 441, 93 S. Ct. 2523 , 2528, 37 L. Ed.2d 706 , 714-15 (1973). Community care taking relates directly ... or ten miles per hour in a residential area at 2:00 a.m. was a proper exercise of authority); State ... U.S. 411 , 417, 101 S. Ct. 690 , 695, 66 L. Ed.2d 621 , 629 (1981), the detaining officers must harbor ...

docket:	a1453-98
court:	njappellate
decided:	1999-12-29
status:	published
citation:	327 N.J.Super. 22
Document Size:	26995

1277 STATE OF NEW JERSEY v. OMAR SAUNDERS -- rank: 489

... asserting that the defense was trying to "fool" the jury; (2) commenting that defense counsel "wouldn't dare" ask any questions ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996). "So long as he [or she] stays ... denied , 393 U.S. 1043 , 89 S. Ct. 673 , 21 L. Ed.2d 593 (1969). "Indeed, prosecutors in criminal cases are expected ... vigorous and forceful closing arguments to juries." State v. Frost , 158 N.J. 76 , 82 (1999). A prosecutor's wide ...

docket:	A1798-04
court:	NJ Superior Court Appellate Division
decided:	2008-02-29
status:	unpublished
citation:
Document Size:	114317

1278 STATE OF NEW JERSEY v. ABDIEL F. AVILA -- rank: 489

... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on a specific date, June 30, 2006. Count ... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on various dates between November 2005 and June ... 44-3c and N.J.S.A. 2C:43-7a(2), of seventy-five years imprisonment, subject to an 85% parole ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On count one, defendant received a consecutive twenty-year sentence ... told her "it was true that the car tire, sound[ed] like somebody shot the tire." Defendant told C.H. that ... dismissed , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967)). The narrow purpose of the ...

docket:	a5729-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	57164

1279 POP TEST CORTISOL, LLC v. MERCK & CO., INC POP TEST CORTISOL, LLC v. MERCK & CO., INC -- rank: 489

... Cortisol, LLC (Pop Test), appeals the Chancery Division's May 2, 2013 order compelling arbitration of its claims against defendants Merck ... the June 7, 2013 order denying its motion for reconsideration. 2 We affirm. I. We discern the following facts and procedural ... agreement contains a specific provision governing dispute resolution. Section 13.2 of the agreement provides: All disputes arising out of or ... a panel of three (3) arbitrators. Pursuant to Section 13.2(a), all arbitrations are to be conducted under the Commercial ... 4 N.J.S.A. 2C:41-1 to -6.2, and for "torts of outrage/crimes." The matter was heard again on May 2, at which time the judge reserved decision. 5 The ...

docket:	a5403-12 a5403-12
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-28 2014-04-28
status:	unpublished unpublished
citation:
Document Size:	53080

1280 STATE OF NEW JERSEY v. BERNARD YOUNGKIN -- rank: 489

... sexual assault, contrary to N.J.S.A. 2C:14-2(a)(5) (count one); third-degree criminal restraint, contrary to N.J.S.A. 2C:13-2(a) (count two); third-degree aggravated criminal sexual contact, contrary ... civil commitment. That motion was denied on April 8, 2009. 2 In May 2009, Youngkin filed a pro se petition for ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Under the first prong of ...

docket:	a4224-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	26501

1281 STATE OF NEW JERSEY v. RICHARD CHIPPERO -- rank: 489

... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). On appeal, defendant does not explain the ... Kevin McMenemy's observation on the day of the murder. 2 The judge also repeated defendant's two alternate contentions: that ... judge. It conforms to N.J.S.A. 2C:14-2(a)(3), which sets out the elements of aggravated sexual ... support the jury verdict." Dolson v. Anastasia , 55 N.J. 2 , 6 (1969) (quotations omitted). Our review is not limited to ... credibility, demeanor and the feel of the case. Ibid. ; R. 2:10-1; State v. Perez , 177 N.J. 540 , ...

docket:	A6401-02
court:	appellate
decided:	2006-08-09
status:	unpublished
citation:
Document Size:	62619

1282 STATE OF NEW JERSEY v. JAMAL MUHAMMAD, -- rank: 489

... A. 2C:15-1, N.J.S.A. 2C:5-2 (count six). The judge merged felony murder with murder, for ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We will discuss the remaining points. I ����On October 22 ... it is "clearly capable of producing an unjust result." R. 2:10-2. "Under that standard, defendant has the burden of proving that ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). The error claimed must be ...

docket:	a5427-99
court:	njappellate
decided:	2003-04-08
status:	published
citation:	359 N.J. Super. 361
Document Size:	61795

1283 STATE OF NEW JERSEY v. BARRINGTON MCDONALD -- rank: 489

... 4937-07 (App. Div. August 25, 2010) (slip op. at 2-3), aff'd , 211 N.J. 4 (2012). In our ... guilty plea only as to driving while suspended. Id . at 2. The Supreme Court affirmed our decision, and also rejected defendant ... make sense and could not satisfy the two-prong Strickland 2 test because it was factually incorrect as the offense did ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). A PCR proceeding "is a defendant's ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013); Preciose , supra , 129 N.J. ...

docket:	a1637-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-03
status:	unpublished
citation:
Document Size:	29099

1284 STATE OF NEW JERSEY VS SALVATORE J. ORTISI -- rank: 489

... California , 422 U.S. 806 , 95 S. Ct. 2525, 45 L. Ed.2d 562 (1975). A defendant can exercise the right to ... U.S. 168 , 173, 104 S. Ct. 944 , 948, 79 L. Ed.2d 122 , 130 (1984); State v. Crisafi , 128 N.J ... advised of the: (1) dangers and disadvantages of self-representation; (2) nature of the charges against him, the statutory defenses to ... U.S. 1 , 13, 103 S. Ct. 1610 , 1617, 75 L. Ed.2d 610 , 620-21 (1983). ����The defendant in ...

docket:	a5587-94
court:	njappellate
decided:	1998-03-05
status:	published
citation:	309 N.J.Super. 573
Document Size:	43294

1285 STATE OF NEW JERSEY v. CLAUDIO BROCATO -- rank: 489

... conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3; first-degree murder as an accomplice, N.J.S.A. 2C:11-3a(1)-(2) and 2C:2-6; third-degree unlawful possession of an assault firearm, N ... Early Release Act. N.J.S.A. 2C:43-7.2. The judge also ordered restitution in the amount of $6250 ... statements defendant gave to police after having received his Miranda 2 warnings. The judge concluded that the State "would have utilized ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693, and adopted by our Supreme ...

docket:	a4313-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-23
status:	Published
citation:
Document Size:	24845

1286 STATE OF NEW JERSEY v. GARY M. ROSELLI -- rank: 489

... saw one open bottle "partially consumed" on the passenger seat. 2 Officer Hermans observed that defendant's eyelids were "extremely droopy ... drink at 11:02 a.m. and finished drinking by 2:30 p.m. Defendant also stated that he lived approximately ... Our review of the law is de novo. Id. at 158-59; Adubato , supra , 420 N.J. Super. at 176. We ... Edward A. Zunz, Jr. & Edward F. Chociey, Jr.) (rev. 2d ed. 2011). A defendant has a constitutional right to a speedy ... U.S. 514 , 530, 92 S. Ct. 2182 , 2192, 33 L. Ed.2d 101 , 117 (1972), the United States Supreme Court ...

docket:	a4856-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	unpublished
citation:
Document Size:	36544

1287 Courtney Reid v. Matthew J. Finch -- rank: 489

... NEW JERSEY LAW DIVISION-CIVIL PART ESSEX COUNTY DOCKET NO.: L-6402-07 APPROVED FOR PUBLICATION March 30, 2012 COMMITTEE ON ... 22,729.04 as a result of bringing this lawsuit. 2 Legal Analysis New Jersey Court Rule 4:58-3 provides ... of suit, the allowances as prescribed by R. 4:58-2, which shall constitute a prior charge on the judgment. A ... be granted if (1) the claimant's claim is dismissed, (2) a no-cause verdict is returned, (3) only nominal damages ... rule is designed to be symmetrical to Rule 4:58-2, which provides that, in certain circumstances, a claimant who obtains ... R.C.P. 68: Lessons from New Jersey , 57 Mercer L. Rev. 827 (2006). �This is so even though New ...

docket:	L-ESX-6402-07
court:	NJ Superior Court Law/Chancery Division
decided:	2012-03-30
status:
citation:
Document Size:	37838

1288 Inre Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 489

... demonstrating constitutional compliance (the exhaustion-of-administrative-remedies requirement); and, (2) for a town whose fair share housing plan secures substantive ... municipal compliance with constitutional affordable housing obligations. (pp. 21-25). 2. Here, the administrative forum is not capable of functioning as ... iterations of Third Round Rules before they were invalidated, or (2) had “participating” status before COAH. If any such town ... for respondent New Jersey Builders Association ( Hill Wallack , attorneys). Jeffrey L. Kantowitz argued the cause for respondents Kenneth Martin, Alice Martin ... demonstrating constitutional compliance (the exhaustion-of-administrative-remedies requirement); and, (2) for a town whose fair share housing plan secures substantive ... iterations of Third Round Rules before they were invalidated, or (2) had “participating” status before COAH. Assuming any such ...

docket:	m-392-14
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:	221 N.J. 1 110 A.3d 31
Document Size:	123782

1289 R & R MARKETING, L.L.C., et al. v. JIM BEAM BRANDS CO. et al. -- rank: 489

... DIVISION DOCKET NO. A-0260-04T20260-04T2 R & R MARKETING, L.L.C., Petitioner-Respondent, and ROYAL DISTRIBUTORS & IMPORTERS, LTD., INC., and ... INDUSTRIES, Petitioners, v. JIM BEAM BRANDS CO. and FUTURE BRANDS, L.L.C., Respondents-Appellants. ________________________________________________________________ Argued telephonically December 16, 2005 - Decided February ... J. 390 , 399 (1964); Public Safety and Defense Committee Statement , L. 1985, c. 258; N.J.S.A. 33:1-3 ... 33:1-93.1, the first wholesaler anti-discrimination law. L. 1942, c. 264; Canada Dry Ging er Ale, Inc. ...

docket:	A0260-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-23
status:	published
citation:
Document Size:	92517

1290 STATE OF NEW JERSEY v. RAHEEM BATTLES, a/k/a RAHEEM L BATTLES -- rank: 489

... JERSEY, Plaintiff-Respondent, v. RAHEEM BATTLES, a/k/a RAHEEM L. BATTLES, Defendant-Appellant. ________________________________________ June 18, 2015 Submitted February 3, 2015 ... carjacking, in violation of N.J.S.A. 2C:15-2 and third-degree theft, in violation of N.J.S ... 20-3a. A jury trial was held before Judge Michael L. Ravin. Defendant testified at trial that J.B. approached him ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant argues the following on appeal: the trial court permitted ... result." State v. Macon , 57 N.J. 325 , 336; R. 2:10-2. Defendant first contends the trial court committed plain error ...

docket:	a1673-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	31173