Search Rutgers Law Library N.J. Court Opinions

871 STATE OF NEW JERSEY v. DAMEON M. STACKHOUSE -- rank: 529

... Geoffrey D. Soriano, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... percent parole disqualifier, N.J.S.A. 2C:43-7.2(a). Defendant received concurrent seven-year terms on charges of second-degree eluding, N.J.S.A. 2C:29-2(b), third-degree theft, N.J.S.A. 2C:20 ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). An attorney's performance is deficient ... different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. A reasonable probability is one ...

docket:	a0202-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-20
status:	unpublished
citation:
Document Size:	29126

872 STATE OF NEW JERSEY v. GERALDO FIGUEROA -- rank: 529

... in violation of N.J.S.A. 2C:43-7.2, which mandated that he serve eighty-five percent of his ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963); and (2) his counsel "failed to perfect" an alibi defense. This court ... post-conviction relief." State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed 2 d 88 (1997); accord Preciose , supra , 129 ...

docket:	a3482-06
court:	superior court appellate division
decided:	2009-07-15
status:	unpublished
citation:
Document Size:	53636

873 LACKLAND AND LACKLAND, et al. V. READINGTON TOWNSHIP, et al. -- rank: 529

... Court of New Jersey, Law Division, Somerset County, Docket No. L-344-03. Donald Daines argued the cause for appellant/cross ... of plaintiffs declaring null and void Township ordinance section 906.2.41, which required that the Board of Health grant soil ... application could be deemed complete for Planning Board consideration; and (2) Judge Bartlett denied defendants' motion to dismiss Wilmark for lack ... that ordinance 43-98 was enacted for an unlawful purpose; (2) he erred in failing to find that ordinance 43-98 ... and in departing from Judge Bartlett's pretrial ruling; and (2) the trial record should be reopened. The Township and Board ... cross-appealed in both cases. They argue that section 906.2.41, requiring Board of Health septic suitability approval as ...

docket:	A2341-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154781

874 STATE OF NEW JERSEY v. RAFFEE AHMED -- rank: 529

... a deadly weapon, N.J.S.A. 2C:12-1b(2) (count two); third-degree possession of a weapon for an ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant did not testify or call witnesses. The State's ... went to a club. After the club closed, at approximately 2:00 a.m., Harper drove Jackson and Greene, who had ... s identification of defendant. Detective Pappas testified at the Wade 2 hearing that he used the information provided by Patel to ... denied , 410 U.S. 937 , 93 S. Ct. 1396 , 35 L. Ed.2d 602 (1973)). "[T]he trial court's findings ...

docket:	a2497-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	47301

875 TRACEY EMOLO v. JOHN C. EMOLO -- rank: 529

... seek or obtain a reduction in alimony if [plaintiff] earn[ed] an income." On the date set for trial, plaintiff reconsidered ... Green, defendant unilaterally sent the expert a letter on July 2, 2005, reciting he uncovered Dr. Green had been "paid for ... he concluded she had "mental disorders, diagnosed above, which render[ed] her unemployable." Dr. Crain's report stated, during their interview ... Dr. Crain, prepared on plaintiff's counsel's letterhead, "disavow[ed]" any possible impression that the conclusory statements in his prior ... Farms , supra , 65 N.J. at 483-84); Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 366 N.J. Super. at 372; see Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999) (stating that voluntary agreements " ...

docket:	a2746-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-19
status:	unpublished
citation:
Document Size:	127563

876 Rosa Acuna v. Sheldon C. Turkish, M.D., et als -- rank: 529

... duty that society is unwilling to accept. (Pp. 17-19) 2. Under the doctrine of informed consent, a physician has a ... Union and American Civil Liberties Union of New Jersey ( Edward L. Barocas , attorney; ( Ms. Camp , Mr. Barocas and Brigitte A. Amiri ... in her sixth to eighth week of pregnancy. See footnote 2 Plaintiff was married and the mother of two daughters under ... unborn, was a complete, separate, unique and irreplaceable human being”; (2) there existed the potential risk that Andres “was capable of ... Wade , 410 U.S. 113 , 93 S. Ct. 705 , 35 L. Ed.2d 147 (1973)), or under the laws of this ...

docket:	a-15-06
court:	njsupreme
decided:	2007-09-12
status:
citation:	192 N.J. 399
Document Size:	69643

877 STATE OF NEW JERSEY v. ANDRE WILLIAMS, -- rank: 529

... OF HIS CONSTITUTIONAL RIGHTS PURSUANT TO MIRANDA v. ARIZONA. POINT 2    THE CONVICTION MUST BE VACATED AS THE FAILURE TO PROPERLY ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), their principal thrust lies in a challenge ... Ohio , 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) that could be justified only by a ... 411 , 417-18, 101 S. Ct. 690 , 694-95, 66 L. Ed.2d 621 , 628-29 (1981) (extending Terry 's ...

docket:	a4545-01
court:	njappellate
decided:	2003-11-06
status:	published
citation:	364 N.J. Super. 23
Document Size:	44244

878 State v. Raul Rodriguez -- rank: 529

... her right to move has been restricted. (Pp. 8-9) 2. An investigative stop is more intrusive than a field inquiry ... were patrolling the bus terminal in Atlantic City. At about 2:15 p.m., Officer Oberfrank received a telephone call from ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). The arrest occurred approximately twenty-five minutes ... 497 n.6 (citing Lafave, 3 Search and Seizure , § 9.2 at 53-54 (1978)). Neither the officer’s subjective intent ... belief of the citizen, State v. Tucker , 136 N.J. 158 , 165-66 (1994), determines whether a seizure has occurred. ...

docket:	a-19-01
court:	njsupreme
decided:	2002-05-15
status:
citation:	172 N.J. 117
Document Size:	43696

879 EILEEN S. HELFAND v. CDI CORPORATION -- rank: 529

... Court of New Jersey, Law Division, Essex County, Docket No. L-4363-10. Thomas J. Barton argued the cause for appellants (Drinker Biddle & Reath L.L.P., attorneys; Mr. Barton, Daniel H. Aiken and Aaron M ... of a request for arbitration de novo." Frumer v. Nat'l Home Ins. Co. , 420 N.J. Super. 7, 13 (App ... state. N. Bergen Rex Transp., Inc. v. Trailer Leasing Co. , 158 N.J. 561 , 568 (1999) (citing Instructional Sys., Inc. v ... Id. at 500. Likewise, in Angrisani v. Fin. Tech. Ventures, L.P. , 402 N.J. Super. 138 , 146, 150-51 ( ...

docket:	a3230-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	47150

880 STATE OF NEW JERSEY v. R.K. -- rank: 529

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a ... raised at trial, we review them for plain error. R. 2:10-2; State v. Savage , 172 N.J. 374, 387 (2002). The ... denied , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967). "At trial, fresh-complaint evidence serves ...

docket:	a1964-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	86132

881 IN THE MATTER OF JUVENILE DETENTION OFFICER UNION COUNTY -- rank: 529

... County were needed based on the particular job requirements; and (2) because of the nature of the Center's operations, no ... agency action. On the contrary, N.J.S.A. 11A:2-11, de novo on the written record and render a ... is not set forth in N.J.S.A. 11A:2-11, it is clearly an appeal in which the Board ... violation of express or implicit legislative policies. In Re Taylor , 158 N.J. 644 , 656-57 (1999); In re CAFRA Permit ... normal operation of the particular business or enterprise . . . [ See footnote 2 Given the identity of these provisions, and the paucity of ... U.S. 321 , 334, 97 S. Ct. 2720 , 2729, 53 L. Ed.2d 786 , 799 (1977). See also International Union, ...

docket:	A1111-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-11
status:	published
citation:	364 N.J. Super. 608 837 A.2d 110
Document Size:	41614

882 MAZOUZ MIDDLETON SHANA v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 529

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-4362-07. Mazouz M. Shana, appellant pro se. Greenbaum, Rowe ... after [he] had already appeared for three days of depositions"; (2) denied his requests to adjourn the summary judgment motion and ... chemistry courses elsewhere," referring to a smaller institution. On May 2, 2002, Hills informed plaintiff his petition to delete the "W ... replace the "TC" with a permanent "A." In a July 2, 2004 e-mail, plaintiff confirmed he had completed the requested ... good cause, R. 4:46-1, and denied the request. 2 When plaintiff detailed the complications posed by his illness, the ... deference," and is subject to de novo review. Manalapan Realty, L.P. v. Twp. Comm. , 140 N.J. 366 , 378 ( ...

docket:	a5575-08
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	83782

883 STATE OF NEW JERSEY v. AMIR A. ANDREWS -- rank: 529

... Release Act (NERA), N.J.S.A. 2C:43-7.2. In this appeal, defendant contends that the jury verdict in ... Honor, will you thank and excuse juror number four please," 2 the attorneys were sua sponte called to sidebar by the ... 1) found that defense counsel had impermissibly utilized peremptory challenges, (2) imposed a blanket requirement that defendant provide a race neutral ... U.S. 79 , 96, 106 S. Ct. 1712 , 1723, 90 L. Ed. 2d 69 (1986) (holding that a prosecutor's racial discrimination ... McCollum , 505 U.S. 42 , 112 S. Ct. 2348, 120 L. Ed. 2d 33 (1992), on remand 262 Ga 554 , ...

docket:	a4861-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-07
status:	unpublished
citation:
Document Size:	68168

884 STATE OF NEW JERSEY v. MICHAEL MCCALL -- rank: 529

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); first - degree robbery, N.J.S.A. 2C ... States , 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968), the trial judge erred in allowing a ... S. at 132, 88 S. Ct. at 1625-26, 20 L. Ed. 2d at 483 (1968). The State responds , however, that defendant ... 541 U.S. 36 , 42, 124 S. Ct. 1354 , 1359, 158 L. Ed.2d 177 , 187 (2004). "'The central concern ...

docket:	a1572-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-23
status:	unpublished
citation:	199 N.J. 541 973 A.2d 944
Document Size:	80195

885 LACKLAND AND LACKLAND, et al. v. READINGTON TOWNSHIP, et al. -- rank: 529

... Court of New Jersey, Law Division, Somerset County, Docket No. L-344-03. Donald Daines argued the cause for appellant/cross ... of plaintiffs declaring null and void Township ordinance section 906.2.41, which required that the Board of Health grant soil ... application could be deemed complete for Planning Board consideration; and (2) Judge Bartlett denied defendants' motion to dismiss Wilmark for lack ... that ordinance 43-98 was enacted for an unlawful purpose; (2) he erred in failing to find that ordinance 43-98 ... and in departing from Judge Bartlett's pretrial ruling; and (2) the trial record should be reopened. The Township and Board ... cross-appealed in both cases. They argue that section 906.2.41, requiring Board of Health septic suitability approval as ...

docket:	A2190-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154784