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796 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 539

... Susan J. Kraham and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief). Carl S ... Thomas F. Carroll argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll ... extended substantive certification" if a municipality: 1. Requests the extension; 2. Commits to continuing to implement the certified second round plan ... the Environment (Coalition), Toll Brothers, Inc. (Toll Brothers), Roxbury 80, L.L.C. (Roxbury 80), and Anthony Bailes, et al. (Bailes). ...

docket:	A1931-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:
Document Size:	106207

797 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 539

... Susan J. Kraham and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief). Carl S ... Thomas F. Carroll argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll ... extended substantive certification" if a municipality: 1. Requests the extension; 2. Commits to continuing to implement the certified second round plan ... the Environment (Coalition), Toll Brothers, Inc. (Toll Brothers), Roxbury 80, L.L.C. (Roxbury 80), and Anthony Bailes, et al. (Bailes). ...

docket:	A3778-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:
Document Size:	106207

798 STATE OF NEW JERSEY v. TERRANCE CLYBURN -- rank: 539

... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(1). After merger, application of an extended term, and ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and subsequently adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Second, he must show there exists "a ... different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. With respect to both factors ...

docket:	a1479-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-18
status:	unpublished
citation:
Document Size:	47420

799 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 539

... Early Release Act, N.J.S.A. 2C:43-7.2. The charge stemmed from the fatal shooting of Michael Gaffney ... J. CONST. (1947) ART. I, PARA. 9). A-5473-17 2 POINT II THE TRIAL COURT ERRED IN ITS INSTRUCTION BY ... C)(3) AND UNDER [N.J.R.E.] 803(C)(2); THE GAFFNEY/LIMA STATEMENTS SHOULD ALSO HAVE BEEN RULED INADMISSIBLE ... 10). POINT VII THE TRIAL COURT COMMITTED PLAIN ERROR (R. 2:10-2) IN FAILING TO ADDRESS TO THE JURY (EITHER WITH A ... PURSUANT TO [ N.J.S.A.] 2C:44- 1[(F)](2) AND SENTENCED TO THE MINIMUM TERM PERMISSIBLE. We have ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

800 STATE OF NEW JERSEY v. MAURICE TURNER -- rank: 539

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent twenty-year sentence on count four. On ... 1227-07 (App. Div. Oct. 13, 2009) (slip op. at 2). Defendant's petition for certification was denied. 201 N.J ... to (1) adequately advise him as to his sentencing exposure, (2) request an adverse inference charge as to an uncalled witness ... U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984)). The petitioner must demonstrate that counsel ... at 689, 694, 104 S. Ct. at 2065, 2068, 80 L. Ed. 2d at 694, 698. Counsel's strategic choices ...

docket:	a1794-13
court:	NJ Superior Court Appellate Division
decided:	2017-09-07
status:	unpublished
citation:
Document Size:	53783

801 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 539

... Susan J. Kraham and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief). Carl S ... Thomas F. Carroll argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll ... extended substantive certification" if a municipality: 1. Requests the extension; 2. Commits to continuing to implement the certified second round plan ... the Environment (Coalition), Toll Brothers, Inc. (Toll Brothers), Roxbury 80, L.L.C. (Roxbury 80), and Anthony Bailes, et al. (Bailes). ...

docket:	a4792-02
court:	njappellate
decided:	2004-08-31
status:	published
citation:	*CITE_PENDING*
Document Size:	102179

802 MILDA GELER, et al. v. RICHARD AKAWIE, et. al. -- rank: 537

... Court of New ��������Jersey, Law Division, Middlesex County, ��������Docket no. L-8318-98. ��������Robert Solomon argued the cause for ��������appellants, cross ... doctor who saw them on three occasions commencing on January 2, 1997 and continuing through February 18, 1997, and then for ... notation by Akawie: "Husband for Tay- Sachs ASAP ." See footnote 2 2 It is also undisputed that, at the end of the ... on three occasions by another group member, Weingarten: on January 2, 1997, January 20, 1997 and February 18, 1997. Faynin accompanied ... that counseling was provided and testing was urged on January 2 and January 20, but likely did not occur on ...

docket:	a4225-00
court:	njappellate
decided:	2003-03-03
status:	published
citation:	358 N.J. Super. 437
Document Size:	83385

803 /usr/local/share/www/libweb/collections/courts/supreme/a2454-10.opn.html -- rank: 537

... Early Release Act, N.J.S.A. 2C:43-7.2. The judge sentenced defendant on count two to a consecutive ... summation that Silva was murdered on the unfinished upstairs deck. 2 Defendant argued that there was no evidence that Silva was ... 18-1, or after the verdict under Rule 3:18-2, the standard employed by the trial judge is the same ... denied , 360 U.S. 903 , 79 S. Ct. 1286 , 3 L. Ed.2d 1255 (1959). Sufficient evidence was presented to convict defendant ... office believed the evidence supported a murder charge against defendant; (2) the prosecutor instructed the grand jury that it could ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45559

804 Richard Luchejko v. City of Hoboken -- rank: 537

... 10) (066580) Argued March 15, 2011 -- Decided July 27, 2011 L a Vecchia , J., writing for a majority of the Court ... and does not grant individual citizens a right of action, (2) at common law, property owners had no duty to clear ... a corporation rather than a natural person. (pp. 9-11) 2. Prior to 2 Stewart v. 104 Wallace Street, Inc. , 87 N.J. 146 ... ll curbs, sidewalks, stoops, hallways, stairwells, porches and patios.” 2 The Master Deed requires the owners to pay an � ... Fielders v. N. Jersey St. Ry. Co. , 68 N.J.L. 343 , 352 (E. & A. 1902) (emphases added).] The rationale ...

docket:	a-38-10
court:	NJ Supreme Court
decided:	2011-07-11
status:
citation:	207 N.J. 191 23 A.3d 912
Document Size:	124832

805 /usr/local/share/www/libweb/collections/courts/appellate/a3858-13.opn.html -- rank: 537

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), 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. Defendant was also sentenced to community supervision for life, N ... THE ACCUSATION CONSTITUTED A BRADY 1 VIOLATION AND MANDATES REVERSAL. 2. THE STATE'S FAILURE TO DISCLOSE TAINTED PRE-TRIAL PROCEEDINGS ... HIS NIECE FROM THE TRIAL CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. 2. TRIAL COUNSEL'S FAILURE TO REQUEST PROPER VOIR DIRE QUESTIONS ... INCESTUOUS RELATIONSHIP WITH HIS NIECE CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. 2 3. TRIAL COUNSEL'S FAILURE TO INVESTIGATE POSSIBLE DEFENSES ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41477

806 STATE OF NEW JERSEY v. CHARLES MEEKINS -- rank: 537

... Defendant-Appellant. _______________________________ Submitted: May 19, 2010 - Decided Before Judges C.L. Miniman and Fasciale. On appeal from the Superior Court of ... for appellant (Michael Confusione, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... of second-degree burglary, N.J.S.A. 2C:18-2 (Count One); first-degree robbery, N.J.S.A. 2C ... 1) in advising him to testify on his own behalf; (2) by failing to investigate a potential alibi witness; (3) in ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984),] test. Defendant was found with ...

docket:	a3696-08
court:	superior court appellate division
decided:	2010-07-21
status:	unpublished
citation:
Document Size:	62190

807 WILLIAM SHEPHERD et al. v. HUNTERDON DEVELOPMENTAL CENTER, et al. -- rank: 537

... the Superior Court of ����New Jersey, Law Division, Hunterdon ����County, L-137-97. ����James L. Pfeiffer argued the cause ����for appellants (Pfeiffer & Winegar, ����attorneys; Mr ... officer. According to the form filed by Shepherd on March 2, 1995, he identified specific dates on which the alleged retaliatory ... wrongful action ceases. See also Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999). "'[O]nce a pattern of ... or the conduct has ceased." Wilson v. Wal-Mart , supra , 158 N.J. at 273 (quoting Bustamento v. Tucker , supra , 607 ... current complaint. Erdmann v. Board of Educ. Union County Reg'l High School Dist. No.1 , 541 F. Supp. 388 , ...

docket:	a5504-98
court:	njappellate
decided:	2001-01-18
status:	published
citation:	336 N.J. Super. 395
Document Size:	87019

808 STATE OF NEW JERSEY v. NACIA H. WEBB -- rank: 537

... Law Division, Camden County, Indictment No. 09-08-2640. Lorane L. Posner argued the cause for appellant (Alan Dexter Bowman, P ... conspiracy to distribute CDS, N.J.S.A. 2C:5-2 and 2C:35-5(b)(1) (count eight). 1 After ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from both his conviction and sentence, raising the ... warrants at the residences on Kenwood Avenue and Rand Street. 2 Detective Ruiz testified after a SWAT team secured the Kenwood ... Thereafter, defendant filed a motion pursuant to Rule 3:18-2 for judgment of acquittal raising the same argument he raised ... the vehicle. We review this issue for plain error. R. 2:10-2. The qualifications of the officer and the ...

docket:	a3649-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	62730

809 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 537

... of the defendant and the prosecuting attorney.' A-3746-20 2 Defendant pled guilty on April 3, 2019, to an accusation ... the Commission) The Legislature created the Commission in 2009. See L. 2009, c. 81; N.J.S.A. 2C:48A-1 ... the criminal justice system.' N.J.S.A. 2C:48A- 2(a). These recommendations were intended to 'provid[e] a rational ... Sentencing and Disposition Commission, Annual Report (Nov. 2019) (Commission Report).2 The Commission found there was a 'consistent increase in the ... 1. Eliminate mandatory minimum sentences for non- violent drug crimes. 2. Eliminate mandatory minimum sentences for non- violent property crimes. 3 ... associated with far more serious offenses. 4. Apply Recommendations #1, #2, and #3 retroactively so that current inmates may seek ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

810 STATE OF NEW JERSEY v. KHALIF O. JAMES, -- rank: 537

... for respondent (Thomas V. Manahan, Union County Prosecutor, attorney; Patricia L. Cronin, Legal Analyst, on the brief). ��������The opinion of the ... participate in a robbery with McGriff and defendant. See footnote 2 2 According to Means, it was agreed that if they "came ... a bullet later discovered on the victim's body, and (2) the testimony from Jackson that defendant had given him the ... U.S. 338 , 341, 60 S. Ct. 266 , 268, 84 L. Ed. 307 , 312 (1939). To give full effect to the ...

docket:	a4486-98
court:	njappellate
decided:	2002-01-16
status:	published
citation:	346 N.J. Super. 441
Document Size:	38179