Search Rutgers Law Library N.J. Court Opinions

406 State v. Robert L. Evans -- rank: 690

... light of the “Strip Search Act,” N.J.S.A. 2A:161A-1 to -10. On January 4, 2012 ... patrolled the parking lots of the Days Inn and Denny’s, which were areas known for narcotics, trespassing, and prostitution. Just ... The police pursued him. Laboy consulted his list, recognized Evans’s name, and decided to arrest him for his outstanding warrant ... Evans over, and he was unable to provide a driver’s license. Laboy placed Evans under arrest and then conducted a ... During the search, Laboy found $2000 in cash in Evans’s pants pocket. He also noticed a bulge in the groin area of Evans’s jeans. In patting down that area, he felt a ...

docket:	a-85-16
court:	New Jersey Supreme Court
decided:	2018-06-28
status:
citation:
Document Size:	47809

407 STATE OF NEW JERSEY v. BRIAN E. SCOTT -- rank: 690

... two counts of third-degree burglary, contrary to N.J.S.A. 2C:18-2 (Counts One and Three); two counts ... third-degree theft of moveable property, contrary to N.J.S.A. 2C:20-3 (Counts Two and Four); and fourth-degree resisting arrest, contrary to N.J.S.A. 2C:44-3b. Scott was sentenced to concurrent extended ... the following issues for our consideration: POINT I . DETECTIVE HOELZEL'S TESTIMONY CONCERNING THE BLACK FIBERS CONSTITUTED AN IMPROPER "NET OPINION ... A FAIR TRIAL (NOT RAISED BELOW). POINT II . DETECTIVE HOELZEL'S TESTIMONY THAT THE DEFENDANT'S AUTOMOBILE WAS OBSERVED AT THE SCENE OF ANOTHER BURGLARY ...

docket:	A0039-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-15
status:	unpublished
citation:
Document Size:	132591

408 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M. and D.M IN THE MATTER OF D.L.M A minor -- rank: 690

... and Permanency (the Division) to pay a guardian ad litem's (GAL) expenses as they are incurred, with the understanding the ... April 27, 2015 order. The April order memorialized the court's sua sponte decision: appointing a GAL for the child who ... litigation; fixing "pursuant to [ Rule ] 5:8B(d), [the GAL's] hourly rate [at] $375"; and ordering the GAL's "fees shall be paid [by] the [Division] without prejudice to the Division['s right] to seek any possible indemnification." The GAL opposes the ... paternal grandmother. During the ensuing guardianship litigation, D.L.M.'s mother executed an identified surrender of her parental rights ...

docket:	a5248-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-10
status:	unpublished
citation:
Document Size:	40787

409 FRANK BORROMEO , -- rank: 690

... at 409 N.J. Super. 124 or 976 A.2d 388. (NOTE: The status of this decision is Published.) (NOTE: The ... execution levied against her real property and allowing the property's sale to satisfy a judgment in favor of plaintiff Frank Borromeo. Plaintiff's judgment was entered in 1990 against Dominic DiFlorio. In this appeal, we examine whether plaintiff's delivery of a corrected writ of execution cured a prior defective writ and review whether DiFlorio's bankruptcy affected the enforceability of plaintiff's judgment lien. Following our review of the arguments on ...

docket:	a3979-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	published
citation:	409 N.J. Super. 124 976 A.2d 388
Document Size:	63321

410 STATE OF NEW JERSEY v. SANTINO J. MICELLI a/k/a a/k/a -- rank: 687

... J. MICELI, a/k/a SANTINO MICELI, Defendant-Appellant. ________________________________________________________________ February 14, 2012 Submitted December 20, 2011 - Decided Before Judges Fisher, Baxter ... on a charge of third-degree eluding police, N.J.S.A. 2C:29-2b, as a lesser included offense of ... On appeal, defendant raises the following claims: I. THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE ... THE ADMISSION OF UNDULY SUGGESTIVE IDENTIFICATION EVIDENCE. II. THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE ... limiting instruction as required by the law. III. THE DEFENDANT'S RIGHT TO CONFRONTATION AS GUARANTEED BY THE SIXTH AMENDMENT TO ... THE UNITED STATES CONSTITUTION WERE VIOLATED BY [THE] TRIAL COURT'S REFUSAL TO ALLOW CONFRONTATION ON THE CRITICAL ISSUE IN ...

docket:	a1485-10dis
court:	NJ Superior Court Appellate Division
decided:	2012-02-14
status:	unpublished
citation:
Document Size:	70907

411 /usr/local/share/www/libweb/collections/courts/appellate/a0537-19.opn.html -- rank: 687

... eyewitness identifications made by his cousin and by the victim's brother; both witnessed the shooting. Defendant further contends the trial ... Amendment rights by reading the 1 United States v. Wade, 388 U.S. 218 (1967); State v. Henderson, 208 N.J. 208 (2011 ... for a statutory mitigating factor relating to youth, N.J.S.A. 2C:44-1(b)(14). That mitigating factor was enacted after the sentencing hearing ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	69712

412 MICHAEL ERDHEIM v. ROGER MAGGIO -- rank: 687

... from an order granting summary judgment to defendant, dismissing plaintiff's complaint with prejudice, as well as the denial of his motion to suppress defendant's answer. Defendant cross-appeals from the dismissal of his counterclaim ... his life insurance policy in August 1998 and filed a U.C.C. filing statement reflecting plaintiff's security interest in December 1999. Plaintiff executed a U.C.C. termination statement in December 2002 so that defendant ... lien, defendant told plaintiff he would grant him a new U.C.C. lien. However, defendant's co-operative board ...

docket:	a0168-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	57094

413 STATE OF NEW JERSEY v. ANDREW T. WYBLE -- rank: 687

... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He raises only one issue ... COUNSEL CONSTITU�TIONALLY GUARANTEED TO HIM AT TRIAL, BY THE [ U.S. CONST. ] AMENDS. VI, XIV; [ N.J. CONST. ] ART. I, PAR ... the PCR judge did not err in denying defen�dant's PCR petition without an evidentiary hearing. In granting or denying ... that holding an evidentiary hearing will not aid the court's analysis of whether the defendant is entitled to post-conviction relief, or that the defendant's allegations are too vague, conclusory, or specula�tive to ...

docket:	a2207-08
court:	superior court trial
decided:	2011-02-25
status:	unpublished
citation:
Document Size:	39441

414 Washington Shopping Center, Inc. v. Washington Township -- rank: 687

... THE TAX COURT COMMITTEE ON OPINIONS February 11, 2021 Lawrence S. Berger, Esq. Berger & Bornstein, LLC 237 South Street P.O ... Dear Mr. Berger and Mr. Allen: This constitutes the court’s opinion following trial of local property tax appeals filed by ... County, New Jersey. The property is identified on Washington Township’s municipal tax map as Block 75, Lot 1 (the � ... constructed in 1996. The subject property also includes a McDonald’s fast-food restaurant located on a 0.9703-acre pad ... site to maintain sufficient water pressure for the shopping center’s sprinkler system. The site is serviced by natural gas and electric. The subject property is located in Washington Township’s HC – Highway Commercial District, permitting uses that include ...

docket:	005517-16
court:	NJ Tax Court
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	87727

415 Martin E. O’Boyle v. Borough of Longport -- rank: 687

... pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law ... attorney representing Isen and the Longport residents, suggested to Longport’s municipal attorney that they cooperate in the defense of current ... were public records and found that the materials constituted Sufrin’s protected attorney work product. The panel held that the materials ... because, even if the materials were public documents, O’Boyle’s interest in accessing the materials did not overcome Longport’s interest in withholding them. The Court granted O’Boyle’s petition for certification. 212 N.J. 431 (2012). HELD : ...

docket:	A-16-12
court:	NJ Supreme Court
decided:	2014-07-21
status:
citation:
Document Size:	127554

416 B.F. & K.L.F. VS DIV. OF YOUTH AND FAMILY SERVICES -- rank: 687

... The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned). Plaintiffs seek damages for alleged violations of ... their civil rights under the Federal Civil Rights Act , 42 U.S.C.A. �1983 . They also claim damages under the New ... defendants in support of their motion justified the trial court's judgment of dismissal." Ibid. Since we are satisfied defendants were ... present action are fully set forth in the Supreme Court's opinion in K.L.F. , supra , and need not be ... instituted the suit . Id. at 46. With respect to DYFS's response to B.F.'s request for reunification with ...

docket:	a4632-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 372
Document Size:	45890

417 STATE OF NEW JERSEY IN THE INTEREST OF JG, NS, AND JT -- rank: 687

... OF NEW JERSEY in the interest of J.G., N.S., and J.T. ________________________________________ ��������Argued: October 31, 1995 - Decided: April 22 ... Public Defender, argued the cause for respondents, J.G., N.S. and J.T. (Susan L. Reisner, Public Defender, attorney; Ms ... This appeal involves a challenge to two statutes, N.J.S.A. 2C:43-2.2, which require AIDS and HIV ... an unreasonable search under the Fourth Amendment . Consequently, the State's request for an order compelling defendants to submit to such ... against thirteen-year old J.G., fourteen-year old N.S., and fifteen-year old J.T., respectively, in the Family ... noted that the mandatory blood test to determine the assailant's HIV status required by N.J.S.A. 2A: ...

docket:	a3585-94
court:	njappellate
decided:	1996-04-22
status:	published
citation:	289 N.J.Super. 575
Document Size:	41079

418 /usr/local/share/www/libweb/collections/courts/appellate/a1995-18.opn.html -- rank: 687

... Deputy Public Defender, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Valeria Dominguez, Deputy Attorney ... together, who lived in the home with his mother, Rivera's three other children, and Vega's two children. After appropriate mergers, Judge Robert Kirsch sentenced defendant ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the murder conviction, and ... defendant raises the following points for consideration: POINT I DEFENDANT'S WAIVER OF HIS MIRANDA1 RIGHTS WAS NOT MADE KNOWINGLY AND ... IN REGARD TO A HOMICIDE 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-1995-18 2 AND THAT ...

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Document Size:	46258

419 STATE OF NEW JERSEY v. WILLIAM KING -- rank: 687

... Court of New Jersey, Law Division, Somerset County, Indictment No. 14-06- 0382. Cody T. Mason, Assistant Deputy Public Defender, argued ... conspiracy to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:5- 2 and 2C:35-5(a)(1 ... degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3 ... 45 cal. Smith & Wesson) during a drug offense, N.J.S.A. 2C:39-4.1 (count three); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (count four); and second- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count five). A-5031- ...

docket:	a5031-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-08
status:	Unpublished
citation:
Document Size:	51746

420 STATE OF NEW JERSEY v. MOUNTAIN CREEK RESORT INC. -- rank: 684

... 94. The State seeks 605 square feet of Mountain Creek's 2,845,949 square foot property, located where the Black ... the term of the easement. We affirm. I. Mountain Creek's operations run year-round, with peak seasons occurring from December ... to 10,000 visitors on a given day. Mountain Creek’s irregularly shaped property consists of more than sixty-five acres ... its intersection with County Road 517 (Rudetown Road). The resort's main entrance and exit is from Route 94. The State ... entail resurfacing the roadway. It is undisputed that the resort's entryway will not be blocked and "[t]here is no ... question that tourists will be able to access Mountain Creek's resorts." Based on his review of the maps, the ...

docket:	a3105-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-10
status:	unpublished
citation:
Document Size:	45721