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1441 STATE OF NEW JERSEY v. THOMAS CROSS -- rank: 473

... murder, N.J.S.A. 2C:11-3(a)(1), (2), and first-degree carjacking, N.J.S.A. 2C:15-2. The indictment arose from defendant's July 1995 involvement in ... RECORD PURSUANT TO Strickland v. Washington and Taylor v. Ky. [ 2 ] A. Ineffectiveness Claims Relax Procedural Bars: R. 3:2-4. B. Ineffective Trial and Post-Trial Counsel. [1]. Authority on Ineffective- Assistance-of-Counsel Claims. [2]. Record [-] Proven Ineffective Counsel. C. The Cumulative Impact of the ... Hearing. 1. Other-Crimes Prejudice and Lack of Adequate Instructions. 2. Confrontation Violations and an Impassioned Jury. 3. Denial of ...

docket:	a1329-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-01
status:	unpublished
citation:
Document Size:	26845

1442 STATE OF NEW JERSEY v. DJAVON HOLLAND -- rank: 473

... 2C:15-1 and N.J.S.A. 2C:5-2 (count one), and second-degree robbery, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered to pay $425 in restitution to the victim ... will be reviewed under the familiar plain error standard. R. 2:10-2. In other words, the error will warrant reversal only if ... 59 n.9, 124 S. Ct. 1354 , 1369 n.9, 158 L. Ed.2d 177 , 197 n.9 (2004). Only if ...

docket:	a5062-06
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61892

1443 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER COMPLIANCE AND ENFORCEMENT - v. KINGS LAKE, LLC. -- rank: 473

... and the NJPDES regulations, N.J.A.C. 7:14A-2.1. These included a $20,000 fine for violating the ... fines, arguing they were "disproportionate to the violation and exceed[ed] [] the DEP's own penalty matrix." The matter was certified ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980)), certif. denied , 199 N.J. 540 (2009 ... of Alcoholic Beverage Control v. Maynards, Inc. , 192 N.J. 158 , 183 (2007), and afford substantial deference to an agency's ... the statute it is charged with enforcing. R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. ...

docket:	a4120-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-17
status:	unpublished
citation:
Document Size:	57829

1444 ACADEMY HILL, INC v. CITY OF LAMBERTVILLE -- rank: 473

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0273-18. 1 Improperly pled as Counsel. Carter, Van Rensselaer ... challenges the 2018 designation of plaintiffs' property A-4674-18 2 as an area in need of redevelopment (AINR). For the ... s]chool in its entirety' as 'the former foundations remain[ed] on the property.' When Academy Hill first acquired the subject ... adopt an ordinance creating 'a new zoning district, Residential Option 2 Overlay District, . . . exclusively' for the subject tract, 'which included a ... size of [t]wenty . . . acres, and a maximum density of 2.26 units per gross acre, . . . allow[ing] for [forty-six ... business competitor of [Academy Hill].' Wilson stated that DelVecchio 'disguis[ed] his relationship' on his financial disclosure forms 'by referring ...

docket:	a4674-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	65787

1445 STATE OF NEW JERSEY v. WILLIAM STROUGHN -- rank: 473

... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to three years of parole supervision ... 2005). The offense occurred on September 21, 2002, shortly before 2:00 p.m., in front of Kean University in Union ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). In Crawford , the defendant was tried for ... the witness. Id. at 59, 124 S. Ct. at 1369, 158 L. Ed. 2d at 197. "Where testimonial statements are ...

docket:	a4699-03
court:	njappellate
decided:	2006-02-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42305

1446 STATE OF NEW JERSEY v. LUCRETIA STONE -- rank: 473

... 4, 2008 - Decided: Before Judges A.A. Rodríguez and C.L. Miniman. On appeal from the Superior Court of New Jersey ... PCR judge's legal conclusions is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... were: (1) Point IV, the indictment should have been dismissed; (2) Point VI, the State's 404(B) evidence should not ... denied , 522 U.S. 850 , 119 S. Ct. 140 , 139 L. Ed.2d 88 (1997); State v. Jack , 144 N.J. 240 ... need not be granted. [ Marshall , supra , 148 N.J. at 158 (citations omitted).] Here, the judge determined that defendant had ...

docket:	a5317-05
court:	njappellate
decided:	2008-02-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60792

1447 Benjamin Moore & Co. v. Aetna Casualty & Surety Company, et al. -- rank: 473

... inconsistent with the methodology adopted in that case. (Pp. 1320). 2. In determining how the deductibles in the policies triggered under ... formerly known as Manhattan Fire & Marine Insurance Company, Defendants, and L umbermens MUTUAL CASUALTY COMPANY, Defendant-Respondent. Argued November 5, 2003 ... Ms. Tammaro and Albert C. Hilber , on the briefs). Arnold L. Natali, Jr. , argued the cause for amici curiae CSR Limited ... J. Wylie Donald and Alissa Pyrich , on the brief). Wendy L. Mager submitted a brief on behalf of amici curiae Chubb ... pro rata allocation would not be consistent with those cases. 2 The court therefore denied Benjamin Moore's motion, and granted ... Liability Among Triggered Insurance Policies , 1 999 B.Y.U. L. Rev. 1215, 1218 (noting that because CGL policies do ...

docket:	a-77-02
court:
decided:	2004-03-24
status:
citation:	179 N.J. 87 843 A.2d 109
Document Size:	163820

1448 STATE OF NEW JERSEY v. JONATHAN CORRAR -- rank: 473

... Michael H. Robertson, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... 2C:5-1 and N.J.S.A. 2C:14-2(b) (counts one and three); and two counts of third ... the detective prior to defendant's activation of the webcam; (2) raise the defense of entrapment; and (3) file a motion ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), which requires a showing that trial ... U.S. at 687, l04 S. Ct. at 2064, 80 L. Ed.2d 674 at 693 (1984); State v. Fritz , ...

docket:	a1337-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	21449

1449 STATE OF NEW JERSEY v. WILLIAM L. MARABLE -- rank: 473

... 3467-21 STATE OF NEW JERSEY, Plaintiff-Appellant, v. WILLIAM L. MARABLE, Defendant-Respondent. ________________________ Argued January 25, 2023 – Decided March ... 2021 order granting a suppression motion filed by defendant William L. Marable. The State also appeals from a November 16, 2020 ... See R. 1:38–3(c)(12). A-3467-21 2 Jersey City Police Officer Daniel Robertson called a municipal court judge, who granted Jan a TRO at 2:50 a.m. on November 22, 2018. The TRO included ... must be judged as if it were a warrantless search.' 2 The record reflects the JCPD's policy was to retain ... what material facts [were] in dispute before [the court] determine[ed] whether a testimonial hearing [was] warranted.' Thus, the judge ...

docket:	a3467-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	46032

1450 State v. Danny Mai -- rank: 473

... stop than from other routine traffic stops. (pp. 12-13) 2. The Court sees no reason to depart from that reasoning ... third-degree unlawful possession of a handgun, in violation of 2 and, in an unpublished opinion, the Appellate Division reversed. According ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968)]" (citing State v. Cerefice , 335 N.J ... S. 471 , 487-88, 83 S. Ct. 407 , 417, 9 L. Ed.2d 441 , 455 (1963)]. We granted the State's ...

docket:	a-98-08
court:	supreme
decided:	2010-05-06
status:
citation:	202 N.J. 12 993 A.2d 1216
Document Size:	86643

1451 STATE OF NEW JERSEY v. CHARLES E. LUCAS -- rank: 473

... a physically helpless victim, N.J.S.A. 2C:14-2(a)(7). Defendant claimed he had a sexual relationship with ... 2013 indictment with violating N.J.S.A. 2C:14-2(a)(7) by committing an act of sexual penetration on K.H. A-0843-20 2 (Kate), who defendant knew or should have known was physically helpless. 1 Id. at 2. The State's theory at trial was that defendant vaginally ... single count of violating N.J.S.A. 2C:14-2(a)(7). Lucas, slip op. at 7. A superseding indictment ... alleging a violation of N.J.S.A. 2C:14-2(a)(7). Ibid. We do not address the disposition ...

docket:	a0843-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	83567

1452 STATE OF NEW JERSEY v. W.H -- rank: 473

... second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court enjoined defendant from future contact with the victim ... not functioning as counsel guaranteed by the Sixth Amendment ; and (2) defendant suffered prejudice as a result. Strickland v. Washington , 466 ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984); [] Preciose , [ supra ,] 129 N.J ... reciting preponderance of the evidence standard of proof)[.] [ State v. L.A. , 433 N.J. Super. 1 , 13 (App. Div. ...

docket:	a1168-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	27477

1453 STATE OF NEW JERSEY v. EUGENE GILLIARD, JR -- rank: 473

... JERSEY, Plaintiff-Respondent, v. EUGENE GILLIARD, JR., Defendant-Appellant. _____________________________ October 2, 2012 Submitted September 19, 2012 - Decided Before Judges Parrillo, Sabatino ... car, and then an ambulance transported them to the hospital. 2 Thereafter, Officer Gatling joined Officer Young. As he assisted defendant ... Jersey , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). Because defendant did not object to the ... to an unjust and unwarranted result. Id. at 471; R . 2:10-2. The trial court has an "independent duty . . . to ensure ...

docket:	a1002-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-02
status:	unpublished
citation:
Document Size:	47647

1454 STATE OF NEW JERSEY v. GEORGE M. HLADUN -- rank: 473

... guilty of the strict liability drug-induced death of Gary L. Debele, N.J.S.A. 2C:35-9, a first ... distribution of heroin, N.J.S.A. 2C:43-7.2. Defendant raises the following points on appeal: POINT ONE THE ... During the early morning hours of May 31, 2003, Gary L. Debele died of a heroin overdose while asleep on the ... again, specifically that part of the conversation "where [defendant] . . . indicat[ed] he gave [Debele] two bags [of heroin]." At that point ... to the trial judge to reconstruct the record. See R. 2:5-3(f). On December 20, 2007, a hearing was ... Statement of Proceedings in Lieu of Transcript Pursuant to R. 2:5-3(f)." That statement memorialized that: 1) each ...

docket:	a4491-06
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	105587

1455 State v. McKinley Cromedy -- rank: 473

... 5.1 Version This case can also be found at 158 N.J. 112. SYLLABUS (This syllabus is not part of ... Task Force on Minority Concerns Final Report , 131 N.J.L.J. 1145 (1992)(Task Force Report), which had recommended that ... to which cross-racial impairment affects identification. (pp. 10-14) 2. Debate among researchers did not prevent the Supreme Court of ... Task Force on Minority Concerns Final Report , 131 N.J.L.J. 1145 (1992) (Task Force Report).     The trial court denied ... identification jury charge is before us as of right. R. 2:2-1(a)(2). The Court also granted certification "limited ...

docket:	a-166-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 112
Document Size:	61907