Search Rutgers Law Library N.J. Court Opinions

1096 M.S. v. D.H -- rank: 583

... NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1548-18T2 M.S.,1 Plaintiff-Respondent, v. D.H., Defendant-Appellant. ___________________________ Submitted January ... Jersey, Chancery Division, Family Part, Morris County, Docket No. FV-14-0267-19. Deininger & Associates, LLP, attorneys for appellant (Christopher L ... to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. Plaintiff hired ... caregiver for his twenty-three-year-old autistic son, J.S., who was prone to violent outbursts. In his role as caregiver, defendant lived with plaintiff and J.S. from August 2017 to August 2018, when plaintiff terminated defendant's employment due to disagreements between the parties. On October ...

docket:	a1548-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	47069

1097 STATE OF NEW JERSEY v. SHANIQUA COLCLOUGH -- rank: 583

... deficiencies in the jury selection process and the trial court's refusal to excuse certain jurors for cause. Having considered the ... distribute ten or more grams of phencyclidine (PCP), N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(6) (count eight); possession with intent ... 1000 feet of school property, in violation of N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-7.1 (count nine); possession with intent ... public housing facility, public park, or public building, N.J.S.A. 2C:35- 5a(1) and N.J.S. ...

docket:	a0841-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-06
status:	unpublished
citation:
Document Size:	69679

1098 STATE OF NEW JERSEY v. VICTOR P. SIMPSON -- rank: 583

... of reasons accompanying the order, the trial judge concluded defendant's claims were barred as they should have been or actually ... were raised on appeal. Alternatively, addressing the substance of defendant's arguments, the judge found the pleadings insufficient as they failed ... showing for relief, as required by Strickland v. Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984) and United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. Ed. ...

docket:	a3633-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-23
status:	unpublished
citation:
Document Size:	15123

1099 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 583

... of the Township of Middletown (Zoning Board) in Mountain Hill's action in lieu of prerogative writs. The judge determined that ... variance for driveways crossing the zone line of Mountain Hill's split-zoned property. Mountain Hill also appeals from a portion ... of Middletown (Development Regulations). The judge affirmed the Zoning Board's interpretation of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and Middletown's Development Regulations as requiring the inclusion of parking garages in ... summary judgment in which the judge reversed the Zoning Board's determination that surface-water retention ponds do not qualify ...

docket:	a5871-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

1100 STATE OF NEW JERSEY v. ANTHONY D. MCEACHIN -- rank: 583

... Court of New Jersey, Law Division, Union County, Indictment No. 14-04-0262. Alicia J. Hubbard, Assistant Deputy Public Defender, argued ... Demitro, Deputy Attorney General, argued the cause for respondent (Christopher S. Porrino, Attorney General, attorney; Ms. Demitro, of counsel and on ... of second-degree eluding a law enforcement officer, N.J.S.A. 2C:29-2(b). On September 19, 2014, he ... half years imprisonment and mandatory fines, penalties, and assessments. Defendant's only prior conviction was a third-degree eluding, for which ... taller. The State introduced into evidence a photocopy of defendant's driver's license indicating he was six-foot-five. During closing, ...

docket:	a1158-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	unpublished
citation:
Document Size:	19892

1101 STATE OF NEW JERSEY v. ARIC TAYLOR -- rank: 583

... reckless manslaughter in the death of Tamara Mitchell, N.J.S.A. 2C:11-4(b)(1); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and third - degree endangering an injured victim, N.J.S.A. 2C:12-1.2 . On appeal, defendant raises the ... HIS RIGHT TO A FAIR TRIAL. POINT TWO THE PROSECUTOR'S IMPERMISSIBLE COMMENTS TO THE JURY WERE PREJUDICIAL AND WARRANT A REVERSAL OF THE JURY'S VERDICT. (Not Raised Below) POINT THREE BY FAILING TO ...

docket:	a2046-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-08
status:	unpublished
citation:
Document Size:	127029

1102 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 583

... of the Township of Middletown (Zoning Board) in Mountain Hill's action in lieu of prerogative writs. The judge determined that ... variance for driveways crossing the zone line of Mountain Hill's split-zoned property. Mountain Hill also appeals from a portion ... of Middletown (Development Regulations). The judge affirmed the Zoning Board's interpretation of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and Middletown's Development Regulations as requiring the inclusion of parking garages in ... summary judgment in which the judge reversed the Zoning Board's determination that surface-water retention ponds do not qualify ...

docket:	a5496-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
citation:
Document Size:	106666

1103 STATE OF NEW JERSEY v. PAUL D. LEE -- rank: 580

... CURIAM Defendant Paul D. Lee appeals from the trial court's orders denying his motions to suppress his video-recorded statement ... approximately $750.00 in cash from the register.' 1 384 U.S. 436 (1966). A-1689-19 2 On February 27, a ... gun in his hand, extended his arm into the car's open window, and demanded she give him the money. The ... handed the man her wallet, which contained $150, her driver's license, and various credit cards; he then fled. She later ... a grey and tan scarf, a brown wallet containing defendant's driver's license, and a card with the victim' ...

docket:	a1689-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-22
status:	Unpublished
citation:
Document Size:	45086

1104 MAHMOUD ELSAYED v. AMAL SHOUBA -- rank: 580

... 10, 2021 order 1 Because plaintiff Jannat Elsayed, Mahmoud Elsayed's minor daughter, is not involved in this appeal, we do ... We glean the facts from the motion record. On July 14, 2017, Elsayed and his daughter, Jannat, 2 were passengers in ... occurred. However, Elsayed took a photograph of the tractor-trailer's Tennessee license plate as it drove away. Later that day ... of the Tennessee license plate from the tractor-trailer—Elsayed's counsel emailed the Tennessee Department of Revenue (TDR) the license ... promptly acknowledged receipt of this request. In June 2019, Elsayed's counsel telephoned Liberty Mutual to ask if the carrier was able to identify the tractor-trailer's owner or operator. An insurance representative confirmed the carrier ...

docket:	a2448-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-01
status:	Unpublished
citation:
Document Size:	34629

1105 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 580

... a rgue d the c aus e for i ntervenor s- appellants Robert Gleason, Richard Zirkel, and Jack Lasher. Joseph Michelini ... and the judge erred by permitting evidence from the ZBA's first set of hearings to be introduced into evidence at the ZBA's second set of hearings. They also contest the judge's conclusions as to whether the evidentiary record supported the grant ... comprised of approximately four acres and is in the Township's General Business (GB) Zone. Cell towers are not permitted uses ... a conditional use in the GB Zone. The GB Zone's maximum permitted height is forty feet. In 2004, Mesquite, ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

1106 STATE OF NEW JERSEY v. SAMUEL MANGUEL, JR -- rank: 580

... count contained in the indictment, second-degree robbery, N.J.S.A. 2C:15-1. Osborn was acquitted. The judge sentenced ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following points ... on appeal: POINT I EXTREMELY PREJUDICIAL COMMENTARY IN CO-COUNSEL'S CLOSING ARGUMENT CREATED THE INESCAPABLE INFERENCE THAT MANGUEL NEVER "TOLD ... SUBJECTED HIMSELF TO CROSS-EXAMINATION," OR "TESTIFIED" FOR THE JURY'S "BENEFIT," AND THUS FAILED TO DO "EVERYTHING THAT AN INNOCENT ... HIS INNOCENCE, AND RESULTED IN OVERWHELMING PREJUDICE THAT THE COURT'S INSTRUCTION FAILED TO CURE, NECESSITATING REVERSAL[.] U.S. CONST. , AMENDS. V, XIV; N.J. CONST. . . ., ART. ...

docket:	a2987-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	39173

1107 MESQUITE TOWER CONSULTING, LLC, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 580

... a rgue d the c aus e for i ntervenor s- appellants Robert Gleason, Richard Zirkel, and Jack Lasher. Joseph Michelini ... and the judge erred by permitting evidence from the ZBA's first set of hearings to be introduced into evidence at the ZBA's second set of hearings. They also contest the judge's conclusions as to whether the evidentiary record supported the grant ... comprised of approximately four acres and is in the Township's General Business (GB) Zone. Cell towers are not permitted uses ... a conditional use in the GB Zone. The GB Zone's maximum permitted height is forty feet. In 2004, Mesquite, ...

docket:	a4777-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	87500

1108 STATE OF NEW JERSEY v. LUIS AYBAR-SANTOS -- rank: 580

... assistance. We affirm. We discern the following facts from defendant's testimony at the plea hearing. On December 12, 2009, while ... buttocks at close range. Defendant reviewed a picture of Morillo's injuries, which "show[ed] a very large chunk of [Morillo's] body missing." Defendant acknowledged that had the bullet impacted Morillo ... have "bl[own] open the femoral artery," resulting in Morillo's death. Defendant further acknowledged that, based on his prior criminal ... 0521 with first-degree attempted murder of Morillo, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a (count one); first-degree conspiracy ...

docket:	a0721-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-25
status:	unpublished
citation:
Document Size:	27679

1109 STATE OF NEW JERSEY v. BYRON D. KEMP, JR -- rank: 580

... from his conviction for third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(b). We affirm. At ... lights and effectuated a traffic stop. The officer approached defendant's vehicle and asked him for his license, registration, and insurance ... Fontana advised defendant he would be secured for the officer's safety. However, as the officer attempted to handcuff defendant, he "did a quick spin and broke [the officer's] grip." Defendant then fled, and the officers gave chase. Defendant ... Officer Fontana was injured during the chase and Officer Broadway's statement he smelled an odor of raw marijuana emanating from defendant's car. The judge denied the motion. On January 15 ...

docket:	a0718-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-21
status:	unpublished
citation:
Document Size:	31141

1110 ROSEMARIE MISCHE v. BRACEY'S SUPERMARKET -- rank: 580

... 27, 2011 APPELLATE DIVISION OSEMARIE MISCHE, Plaintiff-Appellant, v. BRACEY'S SUPERMARKET and BILL'S SHUR-SAVE SHOP RITE, Defendants-Respondents. _____________________________________________________ June 27, 2011 Submitted ... this appeal is whether an out-of-state business entity's membership in and purchase of goods and services from a New Jersey-based retailer's cooperative provides a sufficient foundation for the New Jersey courts ... entity that is unrelated to its agreement with the retailer's cooperative. We conclude that New Jersey's exercise of jurisdiction over such a claim would violate ...

docket:	a5293-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	published
citation:	420 N.J. Super. 487 22 A.3d 56
Document Size:	21489