Search Rutgers Law Library N.J. Court Opinions

76 /usr/local/share/www/libweb/collections/courts/appellate/a4021-14a4026-14.opn.html -- rank: 812

... the judgment of conviction uses 'Coby,' it was established defendant's birth name is 'Colby.' Regarding co-defendant, we use the ... for these offenses: third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (count four); second-degree unlawful possession of an assault firearm, N.J.S.A. 2C:39-5(f) (count six); fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f) (count seven); fourth-degree ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88864

77 Camden Board of Education v. Nelson Alexander et als. -- rank: 809

... Union agreed to waive the preliminary steps of the Agreement's grievance procedure and to proceed directly to the arbitration stage ... continued employment (other than the employment protections under N.J.S.A. 18A:27-4.1 (the statute) creates its own ... were not implicitly made subject to arbitral review. The Agreement's language does not convey a clear waiver of the Board's rights in respect of non-renewals conferred by the statute ... to effectuate a clear and unmistakable waiver of the Board's authority under the statute. (Pp. 11-18) 3. If the ... access to arbitration based on the theory that the Board's determination not to renew the contract was a pretext ...

docket:	a-35-02
court:
decided:	2004-08-12
status:
citation:
Document Size:	265870

78 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 806

... by the police in this case violated Michael O'Neill's state law privilege against self-incrimination. Luis Tenezaca, a Union ... Unit Detectives Luster and Bava, from the Hudson County Prosecutor's Office, arrived at the Harrison Police Department to question O ... first questioned O'Neill through the bars of the department's holding cell. Without giving O'Neill his Miranda rights, they ... 3 a.m. on April 26. Based on O'Neill's responses after twenty minutes of questioning, the detectives moved him from the holding cell to the patrol commander's office. There the interrogation continued -- without Miranda warnings having been ... further questioning, the detectives took O'Neill to the Prosecutor's Office, where he was placed in a holding cell. ...

docket:	a-79-06
court:	njsupreme
decided:	2007-12-20
status:
citation:	193 N.J. 148 936 A.2d 438
Document Size:	108848

79 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 806

... by the police in this case violated Michael O'Neill's state law privilege against self-incrimination. Luis Tenezaca, a Union ... Unit Detectives Luster and Bava, from the Hudson County Prosecutor's Office, arrived at the Harrison Police Department to question O ... first questioned O'Neill through the bars of the department's holding cell. Without giving O'Neill his Miranda rights, they ... 3 a.m. on April 26. Based on O'Neill's responses after twenty minutes of questioning, the detectives moved him from the holding cell to the patrol commander's office. There the interrogation continued -- without Miranda warnings having been ... further questioning, the detectives took O'Neill to the Prosecutor's Office, where he was placed in a holding cell. ...

docket:	a-79-06
court:
decided:	2007-12-20
status:
citation:	193 N.J. 148
Document Size:	175425

80 JARWICK DEVELOPMENTS, INC v. JOSEPH WILF -- rank: 806

... 03 (App. Div. Dec. 15, 2006) (slip op. at 11-14). We remanded the matter to the trial court for an accounting of Jarwick's interest in the partnership. Id. at 14. On remand, the trial court permitted Josef Halpern (Halpern) to ... as well as claims for civil remedies under New Jersey's Racketeer Influenced and Corrupt Organizations Act (RICO), N.J.S.A. 2C:41-1 to -6.2. The trial court ... together comprised J.H.W. Associates (J.H.W.). Harry's son Leonard, and Joseph's sons Zygmunt, Mark and ...

docket:	a2053-13
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:
Document Size:	210674

81 STATE V. ANTHONY DIFRISCO -- rank: 806

... DiFrisco of the murder of Edward Potcher, owner of Jack's Pizzeria in Maplewood. Potcher was shot at close range four ... the killing.     In DiFrisco I , the Supreme Court affirmed DiFrisco's conviction but vacated the death sentence. At the second penalty ... State and the "catchall" factor. The Supreme Court affirmed DiFrisco's death sentence on July 27, 1994 ( DiFrisco II ), deferring proportionality ... the universe of cases to which the Court compares DiFrisco's case. In 1992, the Legislature amended the statute to limit ... in which a death sentence has actually been imposed. DiFrisco's first conviction, which occurred long before the statute was amended ... therefore declines to apply the statute as amended to defendant's proportionality review. The Court continues to include within the ...

docket:	a-72-94
court:	njsupreme
decided:	1995-07-26
status:
citation:	142 N.J. 148
Document Size:	250129

82 Liberty Mutual Insurance Co. v. Land -- rank: 803

... Land (A-125-2004) Argued October 24, 2005 -- Decided March 14, 2006 ZAZZALI, J., writing for the Court. In this appeal ... proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30.     Rose Land owns a ... to assess the damage and secure the structure.     After Rizzo’s wife reported that there were men on Land’s roof doing “additional damage,” Rizzo videotaped Budge and his associates working on the cabin’s roof. The videotape depicts the three men taking a portion ... Balinski also stated that many of the repairs in Budge’s estimate were unnecessary.     Liberty Mutual denied coverage and filed ...

docket:	a-125-04
court:	njsupreme
decided:	2006-03-14
status:
citation:	*CITE_PENDING*
Document Size:	83732

83 State v. L.H. -- rank: 800

... Published.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... assaults and one alleged attempted sexual assault and overbore defendant’s will. In this context, the Court must determine whether the ... reasonable doubt that, under the totality of the circumstances, defendant’s confession was voluntary. The Court also considers whether a remand ... ‘help’ meant counseling.” The trial court rejected defendant’s argument that his will was overborne by false promises and ... her assailant. On August 8, 2011, two days after defendant’s arrest, M.H. viewed a fifteenth photographic array. In the ... to six. Next to photo position number three -- designating defendant’s photograph -- is the word “SUSPECT.” The report ...

docket:	a-59-17
court:	NJ Supreme Court
decided:	2019-07-22
status:
citation:	--- A.3d ----
Document Size:	115311

84 STATE OF NEW JERSEY v. HECTOR FELICIANO -- rank: 800

... this appeal, defendant Hector Feliciano appeals from the Law Division's denial of his motion to suppress evidence obtained from wiretapping ... in doing so, he challenges the constitutionality of N.J.S.A. 2A:156-9(g), the provision within the New ... Electronic Surveillance Control Act (Wiretap Act or Act), N.J.S.A. 2A:156-1 to -37, which permits roving surveillance wiretaps. Defendant asserts N.J.S.A. 2A:156-9(g) is overly broad and unconstitutionally ... first-degree leader of a narcotics trafficking network. N.J.S.A. 2C:35-3. We turn our attention to the ... as guidance and in the wake of our Supreme Court's decision in State v. Ates , ___ N.J. ___ (2014), we ...

docket:	a4290-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-06
status:	unpublished
citation:
Document Size:	99946

85 STATE OF NEW JERSEY v. TERRANCE O. HOOKS -- rank: 800

... third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count one), and third ... controlled dangerous substance with the intent to distribute, N.J.S.A. 2C:35-5(b)(3) (count two). Defendant moved, in relevant part, to suppress a police detective's pretrial identification and to disclose the identity of a confidential ... On appeal, defendant argues (1) the testimony regarding the CI's introduction of defendant violated his right to confrontation; (2) the court should have disclosed the CI's identity; (3) the court should have suppressed the pretrial identification ... testimony the State presented at the pretrial hearing on defendant's motions to disclose the CI's identity and suppress ...

docket:	a2574-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	45630

86 MACK-CALI REALTY CORP. v. STATE OF NEW JERSEY -- rank: 800

... J. Edelstein, Richard L. Rudin, Donald A. Klein, and Paul S. Grossman, on the briefs). Jean P. Reilly, Assistant Attorney General ... argued the cause for respondent State of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Jean P. Reilly, of counsel and ... imposed a payroll tax of one-percent of an employer's payroll, but exempted from the calculation employees who were residents ... 1 to the Local Tax Authorization Act (LTAA), N.J.S.A. 40:48C-1 to -42, violated the United States ... to the Long-Term Tax Exemption Law (LTTEL), N.J.S.A. 40A:20-1 to -22. After considering oral argument ... the City. A-3097-18 4 exercise of the City's authority. The judge entered conforming orders, and this appeal ...

docket:	a3097-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Published
citation:
Document Size:	96481

87 State v. Charles Apprendi, Jr. -- rank: 797

... appeal concerns the constitutionality of a provision of New Jersey's hate crime laws that allows enhanced sentencing in any case ... a biased purpose. 135 N.J. 517, cert. denied , 513 U.S. 970 (1994). The majority also found that the use of ... the section of the Criminal Code dealing with the court's authority in sentencing. One judge dissented. She found that the ... a crime beyond a reasonable doubt and that the State's power to define away the elements of the crime cannot extend to defining away the actor's culpable purpose.     Apprendi filed an appeal as of right ...

docket:	a-164-97
court:	njsupreme
decided:	1999-06-24
status:
citation:	159 N.J. 7
Document Size:	115562

88 State v. Traci E. Stanton -- rank: 797

... of second-degree vehicular homicide in violation of N.J.S.A. 2C:11-5b also must decide whether the defendant ... a mandatory minimum sentence can be imposed under N.J.S.A. 2C:11-5b(1).     In February 1997, Traci Stanton ... beer, Stanton and Smith dropped off the beer at Stanton’s house and proceeded to Smith’s home to pick up her dog. On the way, Stanton ... indicted Stanton for second-degree vehicular homicide based on Stanton’s reckless operation of a motor vehicle. In addition, police issued ... minimum sentence was unconstitutionally imposed because the issue of Stanton’s intoxication had not been decided by the jury. The ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

89 STATE OF NEW JERSEY v. WILLIAM C. COOPER, JR., -- rank: 797

... jury and convicted of knowing or purposeful murder, N.J.S.A. 2C:11- 3(a)(1)(2), felony murder, N.J.S.A. 2C:11-3(a)(3), five counts of first degree robbery, N.J.S.A. 2C:15-1, five counts of third degree criminal restraint, N.J.S.A. 2C:13-2(a), second degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), second degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39- 4(a), second degree possession of ...

docket:	a1143-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	83247

90 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 794

... conviction for first-degree aggravated manslaughter, contrary to N.J.S.A. 2C:11-4(a); third-degree conspiracy to commit theft by unlawful taking, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3; two counts of theft by unlawful taking, contrary to N.J.S.A. 2C:20-3; second-degree possession of a weapon for unlawful purposes, contrary to N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b); and fourth-degree certain ...

docket:	a0803-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-04
status:	unpublished
citation:
Document Size:	116181