Search Rutgers Law Library N.J. Court Opinions

2161 STATE OF NEW JERSEY v. RASHEEN NORWOOD -- rank: 425

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Rachel G ... degree resisting arrest, N.J.S.A. 2C:29-2a(2). 1 After appropriate merger, defendant was sentenced on the eluding ... control of the vehicle and crashed into [a dirt] embankment. . . ." 2 The detectives pulled up within a car length of the ... side door, "and as he's doing so, he look[ed] back to see . . . what [the detectives'] location [was] . . . and then ... have been clearly capable of producing an unjust result. . . ." R. 2:10-2; State v. Afanador , 151 N.J. 41, 54 (1997). ...

docket:	a0419-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	38514

2162 STATE OF NEW JERSEY v. FRANCIS R. BENNETT -- rank: 425

... HEARING. A. FAILURE TO PRESENT EXCULPATORY EVIDENCE 1. RECONSTRUCTION EXPERT 2. INVESTIGATOR THOMAS BEATTY 3. ALIBI EVIDENCE 4. VIDEOTAPES B. TRIAL ... conclusions of the trial court. R. 3:22-11; R. 2:2-1(a)(3). While we afford deference to a trial ... J 391 , 415 (2004), cert. denied , ____ U.S. ____, ___ S. Ct. ___, ___ L. Ed.2d ___ (2005). Trial courts typically should grant evidentiary hearings to ... the 'counsel' guaranteed the defendant by the Sixth Amendment "; and (2) establish that the attorney's deficient performance prejudiced the ...

docket:	a5968-03
court:	njappellate
decided:	2006-01-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80403

2163 STATE OF NEW JERSEY v. WAYNE GIBSON -- rank: 425

... and location of the incident. He described the evidence, documenting "2 Vials of blood from Chilton Hospital marked 'Wayne Gibson'" and ... samples in the "refrigerator lock box" at "18:06" on "2/17/07." On the "police officer's" report Sergeant Burns ... Kinnelon Police Department, testified that on February 23, 2007, at 2:30 p.m., he retrieved defendant's blood samples from ... bag. The vials were labeled "Wayne Gibson" and were dated "2/17/07." Baklarz tested the samples using a gas chromatograph ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add, however, the following comments. Establishing the custody ...

docket:	a6098-07
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	46253

2164 STATE OF NEW JERSEY v. TROY D. ARMSTRONG, JR -- rank: 425

... conspiracy to distribute PCP, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5a(1), and N ... EVIDENCE TO SUPPORT A CONVICTION FOR DISTRIBUTION OF CDS. (COUNT 2). POINT V THE RECORD CONTAINS INSUFFICIENT EVIDENCE TO SUPPORT A ... was "a pile of trash" on the sidewalk. Armstrong "pull[ed] a bag, a stash, a bag containing unknown items" from ... and he handed the "paper currency" to Perez. Perez "accept[ed] the money[,] . . . put[] the money in his pocket and he ... to the pocketknife at the beginning of his opening statement. 2 Although the better practice would have been for the judge ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). We analyze the prosecutor' ...

docket:	a2657-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	67424

2165 /usr/local/share/www/libweb/collections/courts/tax/11330-15.opn.html -- rank: 425

... vice , for plaintiff (Norton Rose Fulbright US, LLP, attorneys, Andrea L. D’Ambra, Esq., local counsel, on the briefs). Michael J ... which plaintiff paid with a check accompanying its notification letter. 2 For tax years 2002-2006, plaintiff applied the increase to ... order as a matter of law.” R. 4:46-2 (c). In Brill v. Guardian Life Ins. Co. , 142 N ... deciding a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with respect ... Super. 346 , 366 (App. Div. 2015)(quoting R. 4:46-2(c)), certif. denied , 224 N.J. 124 (2016). Mere assertions ... summary judgment. Miller v. Bank of Am. Home Loan Servicing, L.P. , 439 N.J. Super. 540 , 551 (App. Div.), ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	70641

2166 STATE OF NEW JERSEY v. SHALEKE A. FISHER -- rank: 425

... for second-degree eluding, N.J.S.A. 2C:29-2(b). Defendant was sentenced to seven years imprisonment. For the ... was introduced at trial. On March 16, 2011, at approximately 2:30 a.m., Officer Stanley Pearson of the Scotch Plains ... station. Detective Mark Hampton testified he read defendant his Miranda 2 rights, which defendant waived; defendant then gave a statement admitting ... a cross-racial identification charge 4 under State v. Cromedy , 158 N.J. 112 (1999), which the judge denied because the ... COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ACQUITTAL. POINT 2: THE TRIAL COURT ERRED BY PERMITTING DEFENDANT'S PRETRIAL STATEMENT ... N.J. at 459). N.J.S.A. 2C:29-2(b), in relevant part, provides: Any person, while operating ...

docket:	a5485-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-21
status:	Published
citation:
Document Size:	35779

2167 STATE OF NEW JERSEY v. TINA LUNNEY -- rank: 425

... J.S.A. 2C:11-3(a)(1) and (a)(2) (count one); fourth-degree unlawful possession of a weapon (a ... supervision upon release. N.J.S.A. 2C:43-7.2. Defendant contends the judge erred by not suppressing her statement ... not handcuffed, nor had she been advised of her Miranda 2 rights. Cammarata recalled that Prachar asked defendant whether she wanted ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996). "Relevant factors include the defendant's age ... N.J. Super. 477 , 486 (App. Div. 1998), certif. denied , 158 N.J. 74 (1999), and interpreted accordingly. When the ...

docket:	a0774-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-21
status:	unpublished
citation:
Document Size:	87514

2168 STATE OF NEW JERSEY v. DARRELL HARPER -- rank: 425

... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963). He argues that a remand is in ... S. at 87, 83 S. Ct. at 1196-97, 10 L. Ed. 2d at 218, the United States Supreme Court held "the ... violation, the defendant must show: (1) the prosecution suppressed evidence; (2) the evidence [was] favorable to the defense; and (3) the ... U.S. 667 , 682, 105 S. Ct. 3375 , 3383, 87 L. Ed.2d 481 , 494 (1995)). Where the prosecutor has ...

docket:	A1304-05
court:	NJ Superior Court Appellate Division
decided:	2008-06-27
status:	unpublished
citation:
Document Size:	82676

2169 STATE OF NEW JERSEY v. SHANE MICHAEL BURNS -- rank: 425

... H. Park, Acting Union County Prosecutor, attorney for respondent (Kimberly L. Donnelly, Special Deputy Attorney General/ Acting Assistant Prosecutor, of counsel ... State v. Burns , No. A-4696-03 (App. Div. Nov. 2, 2006), certif. denied , 191 N.J. 317 (2007). Chelsea Favor ... loaded shotgun, N.J.S.A. 2C:39-5(c)(2) (count six). The court imposed sixty years in prison with ... Release Act (NERA), N.J.S.A. 2C:43-7.2. 2 Defendant appealed his convictions. We reversed defendant's convictions for ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005). We must hew to our ...

docket:	a0917-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-01
status:	unpublished
citation:
Document Size:	35294

2170 Pizzullo v. New Jersey Manufacturers Insurance Company -- rank: 425

... See N.J.S.A. 17:28-1.9(a). 2 In 1987 , plaintiff Michael Pizzullo (Michael) telephoned his automobile insurance ... 500,000 to cover injuries suffered in a common accident. 2 In 1998 , the Pizzullos were both severely injured when they ... loss should appropriately fall on the insurer. (pp. 13-20) 2. Subsection (b) of the immunity statute included another requirement as ... s conditional veto message and sponsors’ statements); Panzino v. Cont’l Can Co. , 71 N.J. 298 , 301-03 (1976) (relying ... coverage. Prior to 1972, UM coverage was entirely optional. See L. 1968, c. 385, § 3. Beginning in 1972, it was ... were required to offer $30,000 in UM coverage. See L. 1972, c. 204. After the enactment of the New ...

docket:	a-21-07
court:
decided:	2008-08-07
status:
citation:	196 N.J. 251
Document Size:	83615

2171 STATE OF NEW JERSEY v. J.A. -- rank: 425

... her brother to visit Cora, a family friend. See footnote 2 2 Defendant would bring his children for regular weekend visits to ... source of N.J.S.A. 2C:14-1 and -2 is the Model Penal Code. The Sponsor's statement to ... supports or rehabilitates the victim's credibility. State v. W.L. , 278 N.J. Super. 295 , 302-04 (App. Div. 1995 ... R.E. 104(a) hearing, such error was harmless. R. 2:10-2. ����As we have already noted, there is no requirement ...

docket:	a6752-98
court:	njappellate
decided:	2001-02-05
status:	published
citation:	337 N.J.Super. 114
Document Size:	28103

2172 TINA RAIA v. WILLIAM RODENBOUGH III -- rank: 425

... – Decided: Before Judges A.A. Rodríguez and C.L. Miniman. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-4483-09. John K. Walsh, Jr., argued the cause for ... policies from Ethel to defendant just days before Edward died. 2 She asserted that defendant collected the proceeds of the life ... damages in the amount of the policies paid to defendant, (2) interest from the date defendant received the proceeds of the ... time in the Bergen County Law Division under Docket No. L-4483-09. She alleged that Edward lacked the mental capacity ... gave plaintiff "the opportunity to 'challenge the issuance of the [l]etters of [a]dmini�stration' to [defendant] upon receipt ...

docket:	a1421-09
court:	superior court trial
decided:	2011-03-01
status:	unpublished
citation:
Document Size:	64425

2173 STATE OF NEW JERSEY v. JIN SIG CHOI, a/k/a JIN SIK CHOI -- rank: 425

... A. Foddai, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, on the brief ... U.S. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2d at 707. The State must prove the validity of ... U.S. 180 , 188, 104 S. Ct. 2292 , 2297, 81 L. Ed.2d 146 , 154, (1984) (quoting Kirby v. Illinois , 406 U ... 682, 688-89, 92 S. Ct. 1877 , 1881-82, 32 L. Ed.2d 411 , 417, (1972)). Applying the right to ...

docket:	A0557-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-13
status:	unpublished
citation:
Document Size:	67427

2174 HANSEN HOUSE, LLC, v. CITY OF VENTNOR -- rank: 425

... House indicates that there has been no change in the -2- operations of the sober living houses and the exemption should ... and $57,628 in other compensation as non-taxable benefits. 2 In addition, Roger Hansen serves as the Chairman and Secretary ... married, and Jennifer Hansen and Erika Hansen are their daughters. 2 Each year a qualified not-for-profit under I.R ... § 6104(b) (public inspections); Treas. Reg. § 1.6033-2 (a)(2) (Form 990). -4- The public filings also reveal that of ... v. Shinnihon U.S.A. Co., 399 N.J. Super. 158 , 177 (App. Div. 2008). However, it does not mean ...

docket:	12157-17
court:	NJ Superior Court Appellate Division
decided:	2022-09-09
status:	Unpublished
citation:
Document Size:	40752

2175 STATE OF NEW JERSEY v. EDWARD B. HOLLAND -- rank: 425

... Plaintiff-Respondent, v. EDWARD B. HOLLAND, a/k/a EDWARD L. HOLLAND, JAG HOLLAND, MANN HOLLAND, Defendant-Appellant. ——� ... 00667. Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... 80 , 96 (2004) (citing State v. Smith , 167 N.J. 158 , 177 (2001)), so long as the prosecutor's arguments are ... case and reasonable inferences therefrom. Smith , supra , 167 N.J. 158 at 178. "Not every improper prosecutorial statement will warrant a ... defendant of a fair trial.'" Ibid. (quoting State v. Frost , 158 N.J. 76 , 83 (1999) (alteration in original)). Nevertheless, the ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)). As such, "[e]very time ...

docket:	a2007-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-19
status:	unpublished
citation:
Document Size:	25573