Search Rutgers Law Library N.J. Court Opinions

2176 Christina Silviera-Francisco v. Board of Education of the City of Elizabeth -- rank: 425

... taken by leave granted by the Appellate Division. (p. 10) 2. Generally, a trial court order is considered final if it ... Elizabeth Board in its appeal. CHIEF JUSTICE RABNER, and JUSTICES L a Vecchia , ALBIN, PATTERSON, and SOLOMON join in JUDGE CUFFâ ... school year, Silviera-Francisco held the position of Interim Principal 2 of Thomas Jefferson House of Elizabeth High School. In March ... N.J. Const. art. VI, § 5, ¶ 4. Rule 2:2-3(a)(2) also authorizes an appeal as of right to the ...

docket:	A-28-14
court:	NJ Supreme Court
decided:	2016-01-28
status:
citation:	224 N.J. 126 129 A.3d 1032
Document Size:	65910

2177 STATE OF NEW JERSEY v. ANTHONY K. STOKES -- rank: 425

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... an unlawful purpose, N.J.S.A. 2C:43-7.2, and to a consecutive seven-year sentence on count two ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958). Defendant also contends, for the first time ... U.S. 1 , 12, 105 S. Ct. 1038 , 1045, 84 L. Ed.2d 1 , 11 (1985). In any event, prosecutorial ...

docket:	a5076-05
court:	njappellate
decided:	2008-07-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72344

2178 STATE OF NEW JERSEY v. SHAMENE GOMEZ -- rank: 425

... U.S. 337, 338, 90 S. Ct. 1057 , 1058, 25 L. Ed.2d 353, 356 (1970) ( U.S. Const. amend. VI); Snyder ... S. 97 , 107-08, 54 S. Ct. 330 , 333, 78 L. Ed. 674 , 679 (1934) ( U.S. Const. amend. XIV); Hudson , supra ... has signed a written acknowledgment of the trial date, or (2) trial has commenced in defendant's presence. It is within ... denied , 522 U.S. 837 , 118 S. Ct. 110 , 139 L. Ed.2d 63 (1997)). "We cannot allow crowded court ...

docket:	a7127-03
court:	njappellate
decided:	2007-05-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	68308

2179 STATE OF NEW JERSEY v. MALCOLM MILLER -- rank: 425

... in violation of N.J.S.A. 2C:39-4a(2). Also named in the indictment were two co-defendants, one ... murder, N.J.S.A. 2C:11-3a(1) and (2); conspiracy to commit murder, N.J.S.A. 2C:5-2; unlawful possession of a weapon, N.J.S.A. 2C ... of a handgun, N.J.S.A. 2C:39-4a(2). On March 4, 2011, pursuant to a new plea agreement ... the charges and consequences of the plea. R. 3:9-2; State v. Kovack , 91 N.J. 476 , 484 (1982); accord ... finding that it was in compliance with R. 3:9-2 as well as Kovack and its progeny. A motion ...

docket:	a4389-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	31208

2180 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. LATONIA E. BELLAMY a/k/a NA-NA -- rank: 423

... contends the trial judge: (1) erred in its jury instructions; (2) allowed prosecutorial misconduct during summations without providing a curative instruction ... D. Bellamy, and Darmelia Lawrence, with multiple counts of first- 2 A-3676-12T2 degree murder, felony murder, carjacking, robbery, and ... the jury heard testimony from Amanda Muchioki that, at approximately 2:30 a.m. on April 4, 2010, she heard a ... Shiquan retrieved a shotgun and 9 mm handgun. When they 2 Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). 3 We use his first name ...

docket:	a3676-12
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	83657

2181 STATE OF NEW JERSEY v. JOSEPH BUNDY, JR. -- rank: 423

... aggravated assault, N.J.S.A. 2C:12-1(b)(2). At the conclusion of a trial, a jury acquitted defendant ... BASED ON AUTOPSY PHOTOGRAPHS, AND THE NOTES OF ANOTHER PHYSICIAN . [ 2 ] We address these arguments separately. I Defendant first contends that ... have been clearly capable of producing an unjust result." R. 2:10-2. In the context of a jury trial, relief will be ... trial." Admission of testimony that defendant "desire[d] or request[ed] . . . a lawyer is impermissible[,]" United States v. Williams , 556 F ... denied , 431 U.S. 972 , 97 S. Ct. 2936 , 53 L. Ed.2d 1070 (1977), and "trial courts should endeavor ...

docket:	a3222-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-09
status:	unpublished
citation:
Document Size:	38238

2182 STATE OF NEW JERSEY IN THE INTEREST OF F.H. -- rank: 423

... court's verdict was against the weight of the evidence; (2) the police officer's reference to a non-testifying witness ... identification. He points out: (1) the incident occurred at night; (2) the victim testified that he was hit from the rear ... 54 , 88-89, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008); State v. Arthur , 184 N.J. 307 ... U.S. 293 , 302, 87 S. Ct. 1967 , 1973, 18 L. Ed.2d 1199 , 1206 (1967)). In reviewing an eyewitness' ...

docket:	a3252-08
court:	superior court appellate division
decided:	2010-12-01
status:	Unpublished
citation:
Document Size:	21348

2183 STATE OF NEW JERSEY v. ANDREW J. CONTALDI -- rank: 423

... distribution of cocaine, N.J.S.A. 2C:35-5b(2), for which defendant received a concurrent seven-year term with ... mistake by the jury." Dolson v. Anastasia , 55 N.J. 2 , 6 (1969). Thus, a trial judge cannot set aside a ... there is a "miscarriage of justice under the law." R. 2:10-1; see State v. Sims , 65 N.J. 359 ... that the defendant (1) conspired with at least two others; (2) was an organizer, supervisor, financier or manager; (3) engaged in ... error was "clearly capable of producing an unjust result." R. 2:10-2; State v. Macon , 57 N.J. 325 , 336 (1971). ...

docket:	a5408-10
court:	NJ Superior Court Appellate Division
decided:	2013-12-12
status:	unpublished
citation:
Document Size:	59715

2184 STATE OF NEW JERSEY v. MICHAEL E. RUSSELL -- rank: 423

... Plaintiff-Respondent, v. MICHAEL E. RUSSELL, Defendant-Appellant. _____________________________________ Submitted October 2, 2008 - Decided Before Judges Payne and Waugh. On appeal from ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); third-degree conspiracy to commit burglary, N.J.S.A. 2C:2-6 and 2C:18-2 (count two); second-degree burglary, N.J.S.A. 2C:2-6 and 2C:18-2 (count four); third-degree terroristic threats, N.J.S. ...

docket:	a3101-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-20
status:	unpublished
citation:
Document Size:	44639

2185 STATE OF NEW JERSEY v. JUAN PAULINO -- rank: 423

... Early Release Act, N.J.S.A. 2C:43-7.2. For the reasons set forth below, we affirm the convictions ... CRIME ALLEGED "ON OR ABOUT A DATE BETWEEN FEBRUARY 1, 2 002 AND JULY 8 , 2004" WAS TOO BROAD TO PERMIT ... OFFENSES OF SEXUAL CONTACT FOR WHICH DEFENDANT WAS NEVER INDICT[ED] FOR. II. COUNSEL WAS INEFFECTIVE IN THE PREPARATION OF THIS ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). There are additional arguments that require only brief comment. Defendant ... objections to the specificity of the indictment. R. 3:10-2. The contentions are that the breadth of the time ...

docket:	a4755-06
court:	superior court appellate division
decided:	2009-08-31
status:	Unpublished
citation:
Document Size:	93282

2186 State, Commissioner of Transportation v. Weiswasser -- rank: 423

... diminished as a consequence of the partial taking. (p. 10) 2. Most cases that have considered mitigation of damages in a ... may include the availability and value of replacement property; and (2) severance damages may include the loss of visibility of the ... side would otherwise justify.'" (quoting Black's Law Dictionary (4th ed. 1968)). The doctrine of mitigation is concerned with the compensatory ... presenting claims based on nuisance. E.g. , Dickinson v. Delaware, L. & W. R.R. Co. , 90 N.J.L. 158 (E. & A. 1917) (reciting general rule that one suffering ...

docket:	a-54-96
court:	njsupreme
decided:	1997-05-20
status:
citation:	145 N.J. 373
Document Size:	67562

2187 WILLIAM ARTHUR CLAYTON v. SUSAN CLAYTON -- rank: 423

... Marks argued the cause for appellant (The Marks Law Group, L.L.C., attorneys; Ms. Marks, on the brief). Susan Clayton, respondent ... reduction of her monthly alimony support from $2300 to $1426. 2 William argues on appeal that the cohabitant's financial support ... be modified in light of changed circumstances." Konzelman v. Konzelman , 158 N.J. 185, 195 (1999). The decision of whether to ... to make a prima facie showing of cohabitation. Konzelman , supra , 158 N.J. at 202; Ozolins , supra , 308 N.J. Super ... Co. , 65 N.J. 474 , 484 (1974); see Konzelman , supra , 158 N.J. at 202-03 (deferring to the trial ...

docket:	a4009-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	29522

2188 STATE OF NEW JERSEY v. JAQUIL JOHNSON -- rank: 423

... JOHNSON, a/k/a JAQUILA JOHNSON, Defendant-Appellant. _______________________ Argued November 2, 2020 – Decided January 26, 2021 Before Judges Messano and ... provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), in the shooting death of Calvin Auston, and unlawful possession ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the manslaughter conviction, and a concurrent ten-year term ... WORDS 'REST IN PEACE.' (NOT RAISED BELOW) A-5290-17T1 2 POINT II THE COURT ERRED IN PERMITTING A KEY STATE ... Dodd, and a friend of Jacqueline's niece, Kianna Waiters. 2 Soon, an argument erupted between Dodd and Waiters, and Jacqueline ... defendant. In a statement to police, Jones said defendant 'pull[ed] . . . out [the gun] just to back [Calvin] off of ...

docket:	a5290-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	54444

2189 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H. -- rank: 423

... Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mal'ee L. Wing, Deputy Attorney General, on the brief). Noel C. Devlin ... health had not changed. Dr. Sostre noted K.H. "appear[ed] more informed . . . about [M.H.'s] disability and limitations[;]" nevertheless ... H.] and required that [M.H.] be removed from her 2 years ago and cannot function as a safe or appropriate ... So, the first prong being that the child's hea[l]th and development was endangered by the parental relationship, I ... a week program for mental health treatment, and [has] continu[ed] to do so now for over two years [] with no ... prong three, the court first noted that DYFS never "offer[ed] services to train or treat [defendant] with her present ...

docket:	a6037-07
court:	superior court appellate division
decided:	2010-01-25
status:	unpublished
citation:
Document Size:	77867

2190 STATE OF NEW JERSEY v. TODD R. WHITE -- rank: 423

... for appellant (Suzannah Brown, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (John M ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). The judge granted the State's motion to sentence defendant ... employ the plain error standard in conducting our review. R. 2:10-2. "In the context of a jury charge, plain error requires demonstration of '[l]egal impropriety . . . prejudicially affecting the substantial rights of the ...

docket:	a0456-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	31533