Search Rutgers Law Library N.J. Court Opinions

3646 STATE OF NEW JERSEY v. SANTOS ORTIZ-MARTINEZ -- rank: 325

... Chancery Division, Family Part, Union County, Docket No. FO-20-158-09. Andril & Espinosa, L.L.C., attorneys for appellant (William G. Sanchez, on the brief ... A. 2C:29-9(b) beyond a reasonable doubt; and (2) the alleged communications in this matter should not rise to ... independently evaluate those legal assessments de novo. See Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... committed the behavior that violated the order. See State v. L.C. , 283 N.J. Super. 441 , 447-48 (App. ...

docket:	a5351-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-09
status:	unpublished
citation:
Document Size:	20496

3647 YESENIA MORALES v. ADVANCE AUTO PARTS -- rank: 325

... opinion focuses on the order for judgment. A-0557-20 2 Six weeks following the surgery, petitioner returned to work and ... also observed 'significant psychiatric functional overlay and histrionic pain behavior.' 2 'Electromyography (EMG) measures muscle response or electrical activity in response ... He opined that petitioner suffered from neck pain and a '[l]umbar herniated disc at L5-S1 to the right.' Dr ... and-one-half percent] of total from all causes'; and (2) '[a]djustment disorder with depressed mood secondary to pain and ... that the subsequent accident exacerbated the earlier conditions and offer[ed] an opinion which is inclusive of, but not apportioned, between ... lack of expert opinion on the issue of apportionment, 'hamper[ed] the [c]ourt's ability' to determine her disability ...

docket:	a0557-20
court:	NJ Superior Court Appellate Division
decided:	2021-09-30
status:	Unpublished
citation:
Document Size:	25084

3648 BOBBIE K. HOUSLEY v. WAVE ENERGY SYSTEMS, INC., et al. -- rank: 325

... Court of New Jersey,     Law Division, Civil Part, Middlesex County,     L-1854-95 and L-3771-95.     Ronald B. Grayzel argued the cause for appellant ... C. Krieger and     Mr. Conk on the joint brief).     Eric L. Harrison argued the cause for respondents     Wave Energy Systems, Inc ... 1996 [(FQPA), codified at 7 U.S.C.A. §136i -2, 136r-1, 136w-5, 136w-6, and 136w-7; amending ... out as notes under 7 U.S.C.A. §136i -2 and 21 U.S.C.A. §§301 and 346a,] these ... 837 , 842-45, 104 S. Ct. 2778 , 2781-83 , 81 L. Ed.2d 694 , 702-04 (1984); Kaspar v. Teachers' ...

docket:	A3104-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-14
status:	published
citation:
Document Size:	31465

3649 STATE OF NEW JERSEY v. WILLIAM STOVALL -- rank: 325

... State v. Stovall , No. A-0850-94 (App. Div. Dec. 2, 1996), certif. denied , 149 N.J. 35 (1997), and need ... to escape from prison, N.J.S.A. 2C:5-2 and 29-5(a); second-degree attempt to escape from ... J.S.A. 2C:5-1 and 29-6(a)(2); second-degree attempt to possess firearms for an unlawful purpose ... J.S.A. 2C:5-1 and 39-3(f)(2). A jury convicted defendant of all ten offenses. The court ... must show: (1) counsel's performance was objectively deficient; and (2) counsel's deficient performance prejudiced the petitioner to the extent ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). Prejudice means "a reasonable ...

docket:	a1162-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	25013

3650 STATE OF NEW JERSEY v. RIANNA L. DRINKS -- rank: 325

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RIANNA L. DRINKS, Defendant-Appellant. __________________________________ August 18, 2017 Before Judges Leone and ... Sessa, Assistant Prosecutor, on the brief). PER CURIAM Defendant Rianna L. Drinks pled guilty to fourth-degree child abuse or neglect ... 1. Nature of the Offense and Facts of the Case. 2. Motivation and Age of the Defendant. 3. Public Needs Factors ... treatment" and "the harm done . . . by abandoning criminal prosecution . . . outweigh[ed]" any societal benefits from allowing PTI. N.J.S.A. 2C:43-12(e)(1), (2), (3), (7), (14), (17). The prosecutor highlighted that defendant left ... 439 N.J. Super. at 226 (quoting State v. Caliguiri , 158 N.J. 28, 42 (1999)). "If a defendant 'fails ...

docket:	a2812-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	57384

3651 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.C. -- rank: 325

... D.C. was unacceptable because "all [D]ivision experts recommend[ed] reunification and no expert indicated that [N.C. was] unable ... with his maternal grandmother, where he has remained. On March 2, 2012, N.C. pled guilty to aggravated assault, N.J ... RIGHTS. A. THE TRIAL COURT ERRED IN FINDING THAT PRONG 2 WAS SUPPORTED BY CLEAR AND CONVINCING EVIDENCE BECAUSE THE MOTHER ... her Son by Completing All Recommended Services to Achieve Stability. 2. The Mother Showed Willingness and Ability to Parent her Son ... S. 645 , 651–52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558–59 (1972)). However, the constitutional protection ...

docket:	a4307-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-28
status:	unpublished
citation:
Document Size:	34883

3652 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. ASDAL BUILDERS, LLC -- rank: 325

... C. ASDAL, Individually, Respondents-Appellants. __________________________________ June 25, 2012 Argued May 2, 2012 - Decided Before Judges Lihotz and Waugh. On appeal from ... a motion to re-open the record, which was denied. 2 In April 2011, the DEP Commissioner issued a final decision ... the ALJ's decision without requiring a plenary hearing and (2) that the quantum of the penalty assessed was excessive under ... Am. , 142 N.J. 520 , 523, (1995); R. 4:46-2(c). The dispute is considered "'genuine only if, considering the ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency' ...

docket:	a4616-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	unpublished
citation:
Document Size:	28626

3653 RAYMOND BRENNAN v. STATE OF NEW JERSEY -- rank: 325

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1732-05. Clark E. Alpert argued the cause for appellant ... work environment claims were barred by the statute of limitations; 2) plaintiff failed to demonstrate a prima facie case for retaliation ... George Kemery, the hearing officer, issued his report on October 2, 2002. He concluded that plaintiff was present when Giampietro made ... outside his complaint that he [] engaged in any LAD[-]protect[ed] activity[.]" The judge dismissed plaintiff's intentional tort claims, finding ... supra , 387 N.J. Super. at 231 (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... of law," 1) his LAD claims were time-barred; and 2) his "intentional tort claims must be dismissed due to ...

docket:	a3119-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-24
status:	unpublished
citation:
Document Size:	63750

3654 STATE OF NEW JERSEY v. JULIO RAMOS -- rank: 325

... of second-degree conspiracy, N.J.S.A. 2C:5-2, and one count of first-degree distribution of a controlled ... 2012), cert. denied , U.S. ____, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013); see also Hill v. Lockhart , 474 U ... 52 , 56-59, 106 S. Ct. 366 , 369-70, 88 L. Ed.2d 203 , 208-10 (1985); Strickland v. Washington , 466 U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. DiFrisco , 137 ...

docket:	a1905-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	unpublished
citation:
Document Size:	15390

3655 STATE OF NEW JERSEY v. ARTHUR SCHELLINGER -- rank: 325

... Public Defender, of counsel and on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack R. Martin ... of the trial court unless it constitutes plain error. R. 2:10-2. Plain error is error that is capable of producing an ... pursue it. Based on the applicable standard of R ule 2:10-2 and Brown , supra , and the reasoning of Kittrell , defendant has ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001); State v. Frost , 158 N. ...

docket:	a3400-06
court:	njappellate
decided:	2008-04-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35158

3656 GUSTO E. MANGIAPANE v. CENTRAL JERSEY WASTE & RECYCLING, INC -- rank: 325

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-2827-05. Franklin W. Boenning argued the cause for appellant ... sent a notice of proof hearing, see Rule 4:43-2(b), to defendant, but, as plaintiff had done with the ... Jersey in the amount of $106,670 with an additional $2,131 in pre-judgment interest. On May 25, 2006, plaintiff ... vacated its Trenton office as long ago as February 2001; 2) plaintiff had been told by the Sheriff of Mercer County ... on defendant; and 5) in violation of Rule 4:43-2(b), which requires a plaintiff to send the notice of ... apparent violation of Rules 4:43-1 and 4:43-2(b). The judge also did not determine whether Mayhew' ...

docket:	a2309-09
court:	superior court appellate division
decided:	2010-11-04
status:	unpublished
citation:
Document Size:	32906

3657 ROBERT SIPKO v. KOGER, INC. -- rank: 325

... as two properties he partly owned with George and Ras. 2 George and Ras countered that Robert voluntarily resigned to reside ... request for (1) a buy-out of the Koger entities; (2) counsel fees; and (3) clarification of whether the 1.5 ... made an unconditional gift of 1.5% interest to Robert; (2) ordering that Robert's interest in Trotters Lane be bought ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We confine our discussion to ... question of law and fact. Walensky v. Jonathan Royce Int'l, Inc. , 264 N.J. Super. 276 , 279 (App. Div.), certif ... of the gift or from the circumstances. 38 Am. Jur. 2 d Gifts § 67 (2010). Moreover, when the donee ...

docket:	a3636-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-16
status:	unpublished
citation:
Document Size:	55813

3658 STATE OF NEW JERSEY v. TIMOTHY A. PAZIORA -- rank: 325

... about a just conviction. [ State v. Smith , 167 N.J. 158 , 177 (2001) (internal citations and quotations omitted).] Our own jurisprudence ... 127 N.J. 553 (1991). A prosecutor is "not expect[ed] . . . to perform this burdensome obligation with the daintiness of a ... prosecutorial misconduct will be grounds for reversal. State v. Frost , 158 N.J. 76 , 83 (1999). Only where the prosecutor's ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... A Standards for Criminal Justice § 3-5.8(a) (3d ed. 1993). Among the instances in which reviewing courts have condemned ... calendar. Defendant maintains that the prosecutor's remarks unfairly "attempt[ed] to create the illusion that [Kate's] story was ...

docket:	a1396-08
court:	superior court appellate division
decided:	2010-06-10
status:	Unpublished
citation:
Document Size:	89671

3659 DAVID MURPHY AND MARILYN MURPHY v. DANTE IMPLICITO, M.D., GEORGE JACOBS, M.D. -- rank: 325

... Superior Court of New Jersey, Law Division, Bergen County, BER-L-5998-00. Barry D. Epstein argued the cause for appellants ... the court dismissed the complaint pursuant to Rule 4:37-2(b). On appeal, in an unpublished decision, we affirmed the ... trial. [(citations omitted) (quoting Kimble v. Degenring , 116 N.J.L. 602 , 603-04 (Sup. Ct. 1936)).] Our opinion in Sisler ... defamatory statements be made with actual malice. Id. at 156, 158 (citing Sisler , supra , 104 N.J. at 279). Following the ... to a lack of proof of actual malice. Id. at 158-59. The trial judge agreed and entered summary judgment for ... had never been a trial." Kimble , supra , 116 N.J.L. at 603. Nevertheless, given the history of this case, ...

docket:	A1773-06
court:	NJ Superior Court Appellate Division
decided:	2007-04-18
status:	published
citation:	392 N.J. Super. 245 920 A.2d 678
Document Size:	85840

3660 STATE OF NEW JERSEY v. H.C.L.. -- rank: 325

... 15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. H.C.L., Defendant-Appellant. Submitted December 20, 2017 – Decided May 11 ... brief). PER CURIAM Tried by a jury, defendant H.C.L. was convicted of the lesser- included offense1 of second-degree ... Release Act (NERA), N.J.S.A. 2C:43-7.2, concurrent to five years imprisonment on counts two and four ... J.S.A. 2C:5-1 and 2C:11-3. 2 We use fictitious names throughout. 2 A-1797-15T3 seventeen years old, lived with his mother ... prejudiced the defendant and denied him a fair trial. Point 2 The trial court erred in denying defendant's motion ...

docket:	a1797-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-11
status:	unpublished
citation:
Document Size:	95146