Search Rutgers Law Library N.J. Court Opinions

466 STATE OF NEW JERSEY VS. SHAKEIL PRICE -- rank: 675

... PCR) petition following an evidentiary hearing. We reversed the court's earlier order denying defendant's petition because the PCR judge failed to conduct an evidentiary hearing regarding defendant's claim his counsel was constitutionally ineffective for failing to communicate ... to any such offer. Satisfied the court correctly denied defendant's petition, we affirm. I. The facts surrounding defendant's convictions and sentence are set forth more fully in our opinions with respect to defendant's direct appeal, State v. Price, No. A-2937-10 ( ...

docket:	a1691-22
court:	appellate
decided:	2024-07-15
status:	Unpublished
citation:
Document Size:	29016

467 STATE OF NEW JERSEY v. NICHOLAS F WELCH -- rank: 675

... JERSEY, Plaintiff-Respondent, v. NICHOLAS F. WELCH, Defendant-Appellant. _________________________________ November 14, 2016 Submitted October 18, 2016 – Decided Before Judges Fasciale ... convictions for first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) and (2); first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); four counts of first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3(a)(1) and (2); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); second-degree unlawful ...

docket:	a5950-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-14
status:	unpublished
citation:
Document Size:	37646

468 CAROLINE PALADINO v. AULETTO ENTERPRISES, INC. -- rank: 672

... of litigation or trial by another party or that party's representative. If so, to obtain the materials, a party must ... witness statements taken and obtained by an investigator for defendant's insurance carrier before a complaint had been filed and before ... Paladino was a guest at a wedding reception at defendant's catering facility. As she was walking down a staircase, she ... on October 22, 2015, a senior claims examiner for defendant's insurer spoke with plaintiff about the accident. That same day ... the appointment with plaintiff was cancelled. The next day, plaintiff's counsel sent a letter informing the insurance carrier that he ... the fall. On October 26, 2015, the investigator inspected defendant's catering facility, took photographs of the staircase, and prepared ...

docket:	a0232-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-06
status:	Published
citation:	459 N.J.Super. 365 211 A.3d 729
Document Size:	30345

469 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 672

... Affordable Housing (A-90 to -94-10) (067126) Argued November 14, 2012 -- Decided September 26, 2013 LaVECCHIA, J., writing for a ... Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D-302. With those regulations, the Council on ... share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. The Court’s Mount Laurel decisions recognized a constitutional obligation that municipalities, in ... prospective regional need for low and moderate income housing.” S. Burlington Cnty. NAACP v. Twp. of Mount Laurel , 92 ...

docket:	A-90-10
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:
Document Size:	269213

470 STATE OF NEW JERSEY v. MICHAEL D. DEAS -- rank: 672

... alerted to the car. Officer Faulhaber then went to defendant's house, spoke to his wife, and asked to speak with ... to his house to get his car keys. The car's trunk then opened remotely. Later, defendant returned and claimed he ... under the front passenger seat. 1 He also found defendant's wallet, driver's license, birth certificate, and other identifying information, as well as ... was charged with third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (count two); fourth- ...

docket:	a1903-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-07
status:	unpublished
citation:
Document Size:	44655

471 MICHAEL A. VALLONE v. TOWNSHIP OF HOLMDEL POLICE DEPARTMENT -- rank: 672

... Meyer argued the cause for appellant (Mr. Meyer and Michael S. Kasanoff, attorneys; Messrs. Meyer and Kasanoff, of counsel and on ... that entered summary judgment dismissing his complaint. Having considered plaintiff's arguments in light of the record and controlling law, we ... trial court did not misapply its discretion by denying plaintiff's motion to extend discovery. We also conclude that plaintiff's opposition to the summary judgment motion did not demonstrate the ... violated the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2(c); and lastly, they violated the Federal Civil Rights Act, 42 U.S.C.A. § 1983. Defendants filed an answer ...

docket:	a1452-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-12
status:	unpublished
citation:
Document Size:	39139

472 STATE OF NEW JERSEY v. WILLIAM L. MARABLE -- rank: 672

... MARABLE, Defendant-Respondent. ________________________ Argued January 25, 2023 – Decided March 14, 2023 Before Judges Currier, Enright and Bishop-Thompson. On appeal ... for certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1). We affirm the challenged ... We use initials and a pseudonym to protect the complainant's identity. See R. 1:38–3(c)(12). A-3467 ... weapons for safekeeping,' and authorized the police to search defendant's car and Jan's apartment for 'a handgun involved in a domestic violence incident ... bedroom. The police also seized a locked safe from defendant's bedroom. On November 23, a detective from the JCPD ...

docket:	a3467-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	46032

473 Brian Delaney v. Trent S. Dickey -- rank: 672

... is .) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... opinion may not have been summarized. Brian Delaney v. Trent S. Dickey (A-30-19) (083440) Argued September 15, 2020 -- Decided ... an arbitration provision stating that any dispute about the firm’s legal services or fees would be determined by arbitration and ... legal malpractice action. The court held that the retainer agreement’s arbitration provision was valid and enforceable. The court specifically found that the provision’s language -- “any dispute with respect to the Firm’s legal services and/or payment by you of amounts ...

docket:	a-30-19
court:	NJ Supreme Court
decided:	2020-12-21
status:
citation:
Document Size:	90249

474 STATE OF NEW JERSEY v. ANTHONY CHAPARRO -- rank: 672

... parole disqualifier for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(3), and second-degree robbery, N.J.S.A. 2C:15-1. 1 We affirmed his conviction but ... App. Div. April 10, 2006). The Supreme Court denied defendant's petition for certification. State v. Chaparro , 188 N.J. 353 ... By way of background, there was no dispute at defendant's trial that the victim had been sexually assaulted and robbed ... evidence connected defendant with the crime. Other than the victim's identification, no evidence placed him at the scene. He ...

docket:	a5490-10
court:	NJ Superior Court Appellate Division
decided:	2006-04-10
status:	unpublished
citation:
Document Size:	81718

475 STATE OF NEW JERSEY v. ERIC JAMES -- rank: 672

... attorney for appellants (William Welaj, Designated Counsel in A-5561-14, on the brief; Mark Zavotsky, Designated Counsel in A-2449 ... H. Park, Acting Union County Prosecutor, attorney for respondents (Bryan S. Tiscia, Special Deputy Attorney General/Acting Assistant Prosecutor in A-5561-14, of counsel and on the brief; Meredith L. Balo, Special ... counsel and on the brief). PER CURIAM In A-5561-14, defendant Eric James appeals from the order denying his petition ... a nearby empty lot, and DNA testing matched the victim's blood to that on the furniture leg. Both officers identified ... identification, failed to thoroughly investigate the case, particularly the victim's whereabouts prior to the assault, and failed to properly ...

docket:	a5561-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-21
status:	unpublished
citation:
Document Size:	18998

476 STATE OF NEW JERSEY v. KENNY FRIAS -- rank: 672

... DECIDE WHETHER A REASONABLE PROBABILITY EXISTS IN LIGHT OF COUNSEL'S ERRORS AND NEWLY DISCOVERED EVIDENCE THAT THE RESULT OF THE ... BEEN DIFFERENT. III. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS PHYSICAL EVIDENCE FOLLOWING AN ENTRY INTO A THIRD PARTY'S HOME PURSUANT TO AN ARREST WARRANT. IV. THE TRIAL COURT ... FACTS NOT SUBMITTED TO THE JURY. We agree with defendant's contentions in Points I, II and IV, and remand for ... will be reconsidering on remand its previous denial of defendant's motion to suppress. We reject the sentencing argument presented in ... Consequently, police went to the Mahar Avenue address on August 14, 1996 to execute the arrest warrant for Regino. Detective ...

docket:	A3114-05
court:	NJ Superior Court Appellate Division
decided:	2007-12-12
status:	unpublished
citation:
Document Size:	70488

477 STATE OF NEW JERSEY v. JAMES M. DAVIS -- rank: 672

... support of search warrants requested. The warrants were for defendant's person; a residential apartment at Armstrong Lane, Perth Amboy; and ... distribution of controlled dangerous substances. ' 1 Franks v. Delaware, 438 U.S. 154 (1978). A-3480-20 2 Detective Jaremczak had been ... Lane apartment. During the investigation, the CI, in Detective Jaremczak's presence, arranged via cell phone for three separate controlled purchases ... black Honda. They discovered A-3480-20 4 that Defendant's driver's license listed a Westbury, New York address. Before applying ...

docket:	a3480-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-02
status:	Unpublished
citation:
Document Size:	47740

478 ASSOCIATES HOME EQUITY SERVICES, INC., et al. v. BEATRICE TROUP et al. -- rank: 672

... Curtis Troup (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg and Risa E. Kaufman, on the brief).     The opinion ... claiming violations of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -106, the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Fair Housing Act (FHA), 42 U.S.C.A. §§ 3601 to -3631, the Civil Rights Act, 42 U.S.C.A. §1981 , and the Truth-In-Lending ...

docket:	a3410-00
court:	njappellate
decided:	2001-07-25
status:	published
citation:	343 N.J. Super. 254
Document Size:	56775

479 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 672

... Affordable Housing (A-90 to -94-10) (067126) Argued November 14, 2012 -- Decided September 26, 2013 LaVECCHIA, J., writing for a ... Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D-302. With those regulations, the Council on ... share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. The Court’s Mount Laurel decisions recognized a constitutional obligation that municipalities, in ... prospective regional need for low and moderate income housing.” S. Burlington Cnty. NAACP v. Twp. of Mount Laurel , 92 ...

docket:	a7211
court:	NJ Superior Court Appellate Division
decided:	2013-09-26
status:	published
citation:
Document Size:	269019

480 State v. Santino J. Micelli -- rank: 672

... appeal, the Appellate Division panel unanimously determined that the State’s evidence of out-of-court photographic identifications of defendant by ... the United States Supreme Court in Manson v. Brathwaite , 432 U.S. 98 (1977), and adopted in State v. Madison , 109 N ... was charged with eluding a law enforcement officer. The State’s theory of the case was that defendant failed to stop ... trial court conducted a hearing under United States v. Wade , 388 U.S. 218 (1967). Sergeant Kassai testified that while on ...

docket:	A-1-12
court:	NJ Supreme Court
decided:	2013-08-19
status:
citation:	215 N.J. 284 72 A.3d 235
Document Size:	54541