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2041 State v. Wilberto Rodriguez -- rank: 431

... be criminally liable for the reckless manslaughter of that assailant. 2 On March 19 , 2003, Wilberto Rodriguez was inside the W.L. Mini-Market in Jersey City, attempting to sell car radios ... the murder, aggravated manslaughter, and manslaughter charges. (Pp. 5-6) 2. The New Jersey Code of Criminal Justice, N.J.S ... in part to reliance on dicta in State v. Moore , 158 N.J. 292 (1999), were “clearly capable of producing ... ” defendant’s conviction for reckless manslaughter cannot stand. R. 2:10-2. Last, the Court agrees with the Appellate Division’s ...

docket:	a-25-07
court:
decided:	2008-06-09
status:
citation:	195 N.J. 165
Document Size:	48961

2042 STATE OF NEW JERSEY v. DALE SCOTT -- rank: 431

... to third degree burglary, N.J.S.A. 2C:18-2, count one, and the State agreed to dismiss the remaining ... to investigate and obtain exculpatory video evidence establishing his alibi; (2) did not challenge an unsworn statement against him, the impermissibly ... not functioning as counsel guaranteed by the Sixth Amendment ; and (2) defendant suffered prejudice as a result. [ State v. L.A. , 433 N.J. Super. 1 , 13 (App. Div. 2013 ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed. 2d at 674 (1984) and United States v. Cronic , ...

docket:	a0833-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	20777

2043 State of New Jersey v. Hussan Moore -- rank: 431

... 5.1 Version This case can also be found at 158 N.J. 292. SYLLABUS (This syllabus is not part of ... New Jersey v. Hussan Moore (A-218-97) Argued February 2, 1999 -- Decided June 2, 1999 COLEMAN, J., writing for a majority of the Court ... offense, self-defense is not a justification. (pp.8-9) 2. Because it was impossible to determine before trial which version ... JERSEY, ����Plaintiff-Appellant, ��������v. HUSSAN MOORE, ����Defendant-Respondent. ��������Argued February 2, 1999 -- Decided June 2, 1999 On certification of the Superior Court, Appellate Division, ...

docket:	a-218-97
court:	njsupreme
decided:	1999-06-02
status:
citation:	158 N.J. 292
Document Size:	78591

2044 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.A. -- rank: 431

... Division (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Patricia L. Parker, Deputy Attorney General, on the brief). Joseph E. Krakora ... crossing lines of bruises spanning his back. The bruises "appear[ed] to be from a belt" and were "criss crossed on ... confirmed he was home at the time of the abuse. 2 Once the Division rested its case at 4:45 p ... record." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007). The family court's ... such serious injuries. Div. of Youth & Family Servs. v. A.L. , 213 N.J. 1 , 18 (2013). Father contends he did ... quoting N.J.S.A. 9:6-8.46(b)(2)). "In matters involving abuse and neglect of children, the ...

docket:	a4437-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	45671

2045 MARK TANNEN v. WENDY TANNEN -- rank: 431

... Snyder argued the cause for respondent/cross-appellant (Snyder & Sarno, L.L.C., attorneys; Mr. Snyder, of counsel and on the brief ... certain investment account in plaintiff's name (the Vanguard account); 2) the amount of permanent alimony awarded to her pursuant to ... the action and by forcing them to proceed without discovery; 2) plaintiff lacked standing to bring any claims against them; 3 ... on a trip with some friends, but her father refused. 2 Defendant made no other requests for funds from the WTT ... under the Restatement (Third) of Trusts § 50 comment d(2) (2003), 3 the terms "support and maintenance and the ...

docket:	a4185-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:	416 N.J. Super. 248 3 A.3d 1229
Document Size:	102460

2046 STATE�OF�NEW�JERSEY v. MICHAEL�WEAVER -- rank: 431

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to dismiss the remaining counts of both indictments. The ... both indictments and to a sentence he was presently serving. 2 Notably, prior to his earlier trial, defendant rejected a plea ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and subsequently adopted by our Supreme Court ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, and adopted in Fritz , supra , 105 ...

docket:	a4159-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	27144

2047 STATE OF NEW JERSEY v. TIMOTHY GLENN WATTS -- rank: 431

... GEORGE JERMAINE CALDWELL, Defendant-Appellant. ________________________________________________________________ December 4, 2009 Submitted November 2, 2009 - Decided Before Judges Lisa and Alvarez. On appeal from ... degree armed robbery, N.J.S.A. 2C:15-1; (2) second-degree possession of a weapon for an unlawful purpose ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Caldwell then went to trial, but the trial ended with ... sentencing range, see N.J.S.A. 2C:44-1f(2), to five years imprisonment subject to an 85% parole disqualifier ... ARMED ROBBERY WAS INCORRECT AND WARRANTS A NEW TRIAL. POINT 2 THE TRIAL COURT SHOULD HAVE SUPPRESSED THE EVIDENCE WHICH POLICE ... two videotaped statements to the police, the first at about 2:30 a.m., and the second at about 11: ...

docket:	a0552-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-04
status:	unpublished
citation:
Document Size:	65501

2048 STATE OF NEW JERSEY v. DARION FIELDS -- rank: 431

... 2011 Submitted: January 31, 2011 – Decided: Before Judges C.L. Miniman and LeWinn. On appeal from Superior Court of New ... in the indictment. The first offense was committed on October 2, 2000, and the second offense was committed on October 7 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The plea agreement did not calculate any credits for the ... mandatory period of parole ineli�gibility is 10 years and 2 months." The State further agreed that it would recommend that ... NERA. The balance of the charges relating to the October 2, 2000, crimes were to be dismissed. Defendant testified during his ... spent in custody ( N.J.S.A. 2C:44-5b(2))" of 935 days from November 6, 2000 to May ...

docket:	a2635-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:
Document Size:	35090

2049 STATE OF NEW JERSEY v. CARNITA ALLEN -- rank: 431

... Below). 1. Inadequate Notice of Right to File Interlocutory Appeal. 2. Inadequate Notice of Right to File Direct Appeal at the ... Washington , 466 U.S. 668 , 104 S. Ct. 2052, 80 L. Ed.2d 674 ). Therefore, in order to establish a prima facie ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. This test establishes a two-pronged analysis ... U.S. 745 , 754, 103 S. Ct. 3308, 3314, 77 L. Ed.2d 987 , 995 (1983). The practice of appellate ...

docket:	a4665-07
court:	superior court appellate division
decided:	2010-01-07
status:	unpublished
citation:
Document Size:	59430

2050 IN THE MATTER OF FAIR LAWN BOROUGH -- rank: 431

... Borough (Goodman & Lustgarten, attorneys; Mr. Lustgarten, on the brief). Ronald L. Shimanowitz argued the cause for respondents Landmark at Radburn, L.L.C. and Bergen Development Group, L.L.C. (Hutt & Shimanowitz, P.C.; Mr. Shimanowitz, of counsel and ... of affordable housing on the property of Landmark at Radburn, L.L.C., and Bergen Development Group, L.L.C. ( ...

docket:	a1611-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-08
status:	published
citation:	406 N.J. Super. 433 968 A.2d 180
Document Size:	46123

2051 STATE OF NEW JERSEY v. ANTHONY MAHONEY -- rank: 431

... he attempted to cross Route 9 in Monmouth County at 2:00 a.m., after drinking with friends at a nearby ... Rachel Brown: In accordance with N.J.A.C. 11:2-17.11, Unfair Claims Practices, we are required to notify ... the following information. 1.����The amount of payment: $75,000 2.����The party/parties to whom the check was made payable ... the 116 trust account had a balance of $250.19; (2) On January 20, 1999, a deposit was made in the ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). Prosecutors may suggest legitimate inferences ... denied , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001). Simply stated, prosecutors are not ...

docket:	a3364-02
court:	njappellate
decided:	2005-03-17
status:	published
citation:	376 N.J. Super. 63
Document Size:	69666

2052 STATE OF NEW JERSEY v. JAMES T. PRITCHETT -- rank: 431

... parked "essentially, in the middle of nowhere and then walk[ed] across the street" rather than in a location more convenient ... the object was a controlled dangerous substance under the Gates [ 2 ] totality of the circumstances test. Accordingly, defendant's motion was ... U.S. at 21, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906). We "consider all the circumstances surrounding the ... otherwise terminate the encounter." State v. Tucker , 136 N.J. 158 , 166 (1994) (quoting Florida v. Bostick , 501 U.S. 429 , 439, 111 S.Ct. 2382 , 2389, 115 L.Ed.2d 389 , 402 (1991)); see also State v. ...

docket:	a3761-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	32706

2053 STATE OF NEW JERSEY v. ANGEL MARTINEZ -- rank: 431

... commit robbery and carjacking, N.J.S.A. 2C:5-2, 2C:15-1 and 2C:15-2; first-degree robbery, N.J.S.A. 2C:43-7.2, and ordered the sentences to run concurrently. Defendant raises the ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977), the United States Supreme Court set ... denied , 410 U.S. 937 , 93 S. Ct. 1396 , 35 L. Ed.2d 602 (1973). "[T]he trial court's ...

docket:	a1766-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	65802

2054 B.C. v. nEW JERSEY DIVISION OF CHILD PROTECTION and PERMANENCY -- rank: 431

... grandparent visitation complaint, pursuant to N.J.S.A. 9:2-7.1. The Division responded that the trial judge appropriately ... under the grandparent visitation statute, N.J.S.A. 9:2-7.1, which they would ordinarily seek to assert in ... was thirteen years old when the FD complaint was filed. 2 The Division has been involved with the family since 2008 ... grandparents might be enabling or exacerbating his behavior. A May 2, 2016 FN order required that B.C. and his wife ... court's decision is de novo." R.K. v. D.L. , 434 N.J. Super. 113 , 142 (App. Div. 2014) (citing ... Felton , 219 N.J. 199 , 216 (2014) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a4805-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	published
citation:	450 N.J.Super. 197 161 A.3d 125
Document Size:	37916

2055 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 431

... her notice of claim, but serves the wrong public entity; (2) a separate claimant serves a timely notice of claim on ... potential liability and correct the underlying condition. (pp. 11-13) 2. Recognizing the harshness of N.J.S.A. 59:8 ... standard on a case-by-case basis. (pp. 13-15) 2 3. In Lowe v. Zarghami, a patient brought a medical ... who left a metallic clip in her body during surgery. 158 N.J. 606, 611, 613 (1999). The physician was employed ... ” Ibid.; see also Ventola v. N.J. Veterans Mem’l Home, 164 N.J. 74, 82 (2000) (finding extraordinary circumstances ... notice of claim, but her attorney improperly served the State; (2) Morales served a timely notice of claim on the ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010