Search Rutgers Law Library N.J. Court Opinions

1531 STATE OF NEW JERSEY v. JOSHUA L. RODRIGUEZ -- rank: 520

... RODRIGUEZ, a/k/a MARQUELL RODRIQUEZ, Defendant-Appellant. Submitted November 14, 2019 – Decided January 29, 2020 Before Judges Alvarez and ... first-degree strict liability for drug-induced death, N.J.S.A. 2C:35-9. On April 21, 2017, the trial ... to eighteen years subject to the No Early Release Act's (NERA) mandatory service of eighty-five percent of the term of imprisonment. N.J.S.A. 2C:43-7.2. Defendant appeals his conviction and ... discovered unconscious in his bedroom by his father. D.C.'s father called 911. Beneath the victim's body, emergency personnel and police observed a syringe and ...

docket:	a3492-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-29
status:	Unpublished
citation:
Document Size:	25844

1532 EXECUTIVE COMMISSION ON ETHICAL STANDARDS V. EDWARD H. SALMON -- rank: 520

... six violations of the Conflicts of Interest Law, N.J.S.A. 52:13D-23. The ECES imposed a $3000 penalty ... d Administrative Law , §§ 70, 302 (1994). We examine an agency's findings to determine whether they are supported by substantial credible ... see also Impey v. Bd. of Educ. , 142 N.J. 388 , 397 (1995); L.M. v. State Div. of Med. Assistance ... capricious" and a watchful eye to determine that an agency's findings are "substantially supported by the record" create a high ... Dunellen , 9 N.J. 548 , 555-56 (1952) (citing Bonham's Case , 8 Co. , 113 b , 118 a , 77 Eng. Rep ... for ethical behavior in the Executive Branch in N.J.S.A. 52:13D-14, N.J.S.A. 52: ...

docket:	a7576-95
court:	njappellate
decided:	1996-11-13
status:	published
citation:	295 N.J.Super. 86
Document Size:	30144

1533 FV-I, INC. v. KURUK TONO MIAKODA -- rank: 520

... assigned by MERS to GMAC Mortgage LLC (GMAC) on August 14, 2007, but the assignment of mortgage was not immediately recorded ... on November 6, 2008. At that time, however, the April 14, 2007 assignment of mortgage from MERS to GMAC had not ... on April 5, 2010. On April 16, 2010, the August 14, 2007 assignment of mortgage from MERS to GMAC was recorded ... and on July 25, 2014, entered an order granting plaintiff's motion for summary judgment and denying defendants' cross-motion. The ... Brill , supra , 142 N.J. at 540). The "trial court's interpretation of the law and the legal consequences that flow ... property. Great Falls Bank v. Pardo , 263 N.J. Super. 388 , 394 (Ch. Div. 1993), aff'd , 273 N.J. ...

docket:	a2465-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-02
status:	unpublished
citation:
Document Size:	21363

1534 MABEL MBAH v. DOMINIC MBAH -- rank: 520

... MBAH, Defendant-Appellant. ______________________________ Submitted January 6, 2020 – Decided April 14, 2020 Before Judges Ostrer and Susswein. On appeal from the ... Teresa Kondrup-Coyle. Both Family Part judges found that Dominic's motions were unreasonable and filed in bad faith. Judge Kondrup-Coyle treated Dominic's second motion as a motion for reconsideration of Judge McGann's ruling. Dominic now appeals from Judge Kondrup-Coyle's order, arguing that his application for monetary and equitable relief ... parties' arguments and legal principles and affirm Judge Kondrup-Coyle's order substantially for the reasons set forth in her ...

docket:	a1363-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-14
status:	Unpublished
citation:
Document Size:	27532

1535 /usr/local/share/www/libweb/collections/courts/appellate/a3168-18.opn.html -- rank: 520

... member of the Bloods street gang and he authorized Bell's murder after Bell implicated a co-defendant in two armed ... defendant of first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:5-2. He was sentenced to twenty years ... as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2. A-3168-18T2 2 Defendant ... State v. Williams, No. A-6176-12 (App. Div. June 14, 2016). In that opinion, we detailed the facts and procedural ... the PCR court issued an order and opinion denying defendant's petition. II. On appeal, defendant makes six arguments contending ...

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1536 STATE OF NEW JERSEY v. VINCENT LABEGA -- rank: 520

... third-degree possession with intent to distribute cocaine, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3). He was sentenced to ... on appeal is whether the judge erred in denying defendant's motion to suppress. We affirm. On September 12, 2013, Judge ... his affidavit, Harris detailed his training and experience, Jason Labega's significant criminal history, and the portion of the house the ... he had 'observed on the surveillances and the controlled purchase[s]' was not Jason Labega but rather his brother, defendant Vincent ... moved for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978), to support his motion to invalidate ...

docket:	a1747-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-31
status:	unpublished
citation:
Document Size:	36439

1537 STATE OF NEW JERSEY v. MARIO CHIPI, a/k/a CARLOS BATACAIL -- rank: 520

... an evidentiary hearing to examine both the reasons for counsel's decision in that regard and for a Wade hearing. Ibid ... our mandate, an evidentiary hearing was conducted, and Judge Melvin S. Kracov found the show-up was unduly suggestive but the identification nevertheless reliable. The judge also assumed counsel's decision not to seek a Wade hearing was deficient but ... that his failure did not prejudice defendant. Because Judge Kracov's thorough findings were based on credible evidence deserving our deference ... Defendant was charged with: first-degree armed robbery, N.J.S.A. 2C:15-1; third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d; third-degree unlawful possession of ...

docket:	a4198-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-01
status:	unpublished
citation:
Document Size:	21130

1538 PAUL MILLER v. BANK OF AMERICA HOME LOAN SERVICING, L.P. -- rank: 520

... of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, promissory estoppel, and breach ... issue presented, we, like the panel in Arias , conclude HAMP's preclusion of private causes of action would not prevent a ... breach of an underlying temporary contractual arrangement pending the lender's review under the HAMP guidelines. Id. at 9. Analyzing the ... a program created by the Emergency Economic Stabilization Act, 12 U.S.C.A. §§ 5201-5261 (2008). The federal statute ... to take advantage of . . . available programs to minimize foreclosures." 12 U.S.C.A. § 5219(a)(1). "Pursuant to ...

docket:	a0169-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	published
citation:	439 N.J.Super. 540 110 A.3d 137
Document Size:	41989

1539 /usr/local/share/www/libweb/collections/courts/supreme/a3989-11.opn.html -- rank: 520

... Jersey, Chancery Division, Family Part, Morris County, Docket No. FG-14-0028-12. Joseph E. Krakora, Public Defender, attorney for appellant ... Robyn A. Veasey, Deputy Public Defender, on the briefs). Jeffrey S. Chiesa, Attorney General, attorney for respondent New Jersey Division of ... physical abuse, criminal behavior, and risks posed by G.M.'s mental health problems. All were investigated and found to be ... referral was received from a psychologist employed at P.G.'s high school. The psychologist claimed that G.M., although diagnosed ... earlier. When G.M. was subsequently questioned about P.G.'s whereabouts, she was unsure whether he was in Florida or ... G.M. during which she was evasive about P.G.'s whereabouts and living conditions. A few days later, on ...

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1540 STATE OF NEW JERSEY v. WARREN STEPHENSON -- rank: 520

... terms subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant did not appeal his ... the two-prong test established in Strickland v. Washington, 466 U.S. 668, 687 (1984), that defendant must establish counsel's performance was deficient and the deficiency prejudiced defendant, the PCR ... entered an order and issued a written decision denying defendant's petition without an evidentiary hearing. The judge determined a Wade ... improper. The judge found the record did not support defendant's claim 1 United States v. Wade, 388 U.S. ...

docket:	a0090-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-13
status:	Unpublished
citation:
Document Size:	13586

1541 STATE OF NEW JERSEY v. J.F.G. -- rank: 517

... child, consisting of: two first-degree convictions under N.J.S.A. 2C:24-4a (counts 9 through 12); and one ... take into consideration the totality of the circumstances, and . . . it's important that the jury receive this background information about the ... that such evidence was being introduced "to demonstrate the defendant's motive in filming the children as alleged in the indictment ... decide the specific questions we just talked about: The defendant's motive, his intentions, his state of mind, absence of mistake ... NOT PROVIDING THE JURY WITH CRITERIA TO ASSESS WHETHER DEFENDANT'S INTENTION IN TAKING VIDEOS AND PHOTOGRAPHIC IMAGES OF THE CHILDREN HAS PRURIENT (Not raised below) VI. DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE. II. N.J.S.A. ...

docket:	a1273-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	73265

1542 STATE OF NEW JERSEY v. KIMSI VAUGHN -- rank: 517

... distribute. After determining defendant was extended term eligible, N.J.S.A. 2C:43-6(f), the court merged the lesser ... fines and assessments. In an unpublished opinion, we affirmed defendant's conviction and sentence on direct appeal and certification was denied ... 2008) (slip op. at 15), certif. denied , 197 N.J. 14 (2008). Defendant filed a pro se petition for PCR alleging ... voir dire lapses and alleged Miranda 1 violations. Additionally, counsel's ineffectiveness resulted in the denial of his motions for mistrial ... Judge James Den Uyl issued a bench opinion denying defendant's petition, without an evidentiary hearing, finding the claimed errors were ... the two-pronged test formulated in Strickland v. Washington , 466 U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 ...

docket:	a0708-09
court:	NJ Superior Court Appellate Division
decided:	2009-08-19
status:	unpublished
citation:
Document Size:	22039

1543 OF YOUTH AND FAMILY SERVICES,1 v. P.W. and E.M IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M -- rank: 517

... M., Defendants-Appellants. ______________________________________ IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M., Minors. _______________________________________ January 4, 2013 Submitted ... 10) (Gregory K. Byrd, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant ... Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor S.T.M. (Katherine J. Bierwas, Designated Counsel, on the brief ... parental rights to their son Q.M. (Quentin) and daughter S.M. (Sasha). We have consolidated their separate appeals. Defendants challenge ... in the best interests of their children. See N.J.S.A. 30:4C-15.1(a). In addition, Paula contends ... Safe Haven Infant Protection Act (Safe Haven Act), N.J.S.A. 30:4C-15.5- 15.11. After reviewing ...

docket:	a5999-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-04
status:	unpublished
citation:
Document Size:	63164

1544 STATE OF NEW JERSEY v. JERERAD HOLLAWAY -- rank: 517

... Jererad Hollaway was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2), second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b). His first trial resulted in ... under the Victims of Crime Compensation (VCC) Act, N.J.S.A. 2C:43-3.1. We affirm, but remand only ... The following facts are taken from the testimony at defendant's retrial. At around 4:00 p.m. on November 8 ... G. could not see anything in the lighter-skinned man's hand, she heard gunfire and assumed he was shooting ...

docket:	a0263-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-03
status:	unpublished
citation:
Document Size:	43419

1545 STATE OF NEW JERSEY v. E.R. -- rank: 517

... 09-1077 with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and, as amended, third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three). A jury convicted ... period of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and, ...

docket:	a0167-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-12
status:	unpublished
citation:
Document Size:	36888