Search Rutgers Law Library N.J. Court Opinions

826 MARIE DEWEES v. RCN CORPORATION, DAVID MCCOURT, MICHAEL MAHONEY, et al. -- rank: 619

... alleging gender and age discrimination in violation of our State's Law Against Discrimination. N.J.S.A. 307 N.J. Super. 162 , 167 (App. Div. 1998 ... we are not obligated to defer to the trial court's legal conclusions. Illva Saronno Corp. v. Liberty Hill Realty, Inc ... Am. , 142 N.J. 520 , 540 (1995). Under N.J.S.A. 10:5-12a, it is an unlawful employment practice ... motion judge correctly acknowledged McDonnell Douglas Corp. v. Green , 411 U.S. 792 , 93 S. Ct. 1817 , 36 L. Ed.2d ...

docket:	A3034-02
court:	NJ Superior Court Appellate Division
decided:	2005-07-15
status:	published
citation:	380 N.J. Super. 511 883 A.2d 387
Document Size:	63643

827 STATE OF NEW JERSEY v. TERRENCE HOUSER -- rank: 619

... a guilty plea to second-degree aggravated assault, N.J.S.A. 2C:12-1B(1). The second count of the ... him with third-degree endangering a helpless person, N.J.S.A. 2C:12-1.2, was dismissed at sentencing. Defendant ... his factual basis on his first attempt, however, because defendant's statements, which included describing kicking and "stomping" the victim while ... After rejecting the plea, the court proceeded to address defendant's Wade 1 application in anticipation of trial. After hearing the ... not impermissibly suggestive even though the background color of defendant's photograph was lighter than the background color of the other ... motion. At that point, the court was advised by defendant's attorney that his client wished to address the judge. ...

docket:	a5227-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-03
status:	unpublished
citation:
Document Size:	29877

828 STATE OF NEW JERSEY v. KAREEM COLEMAN -- rank: 619

... PER CURIAM Defendant Kareem Coleman appeals from the Law Division's March 8, 2019 order dismissing his third petition for post ... Coleman was convicted of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), in connection with the April ... term, subject to the No Early Release Act, N.J.S.A. 2C:43–7.2. In affirming defendant's conviction and sentence, we described the trial proofs as follows ... time gunshots were heard in the area where the victim's body was found. There was, as well, defendant's ...

docket:	a4093-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-01
status:	Unpublished
citation:
Document Size:	20367

829 STATE OF NEW JERSEY v. MICHAEL J. FERGUSON -- rank: 619

... PER CURIAM Defendant Michael Ferguson appeals from the Law Division's denial of his application for post-conviction relief (PCR). We ... defendant was convicted of second-degree aggravated assault, N.J.S.A. 2C:18-2, (count two); third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:15-1, (count four); and one count each of terroristic threats, N.J.S.A. 2C:44-3a, and imposed a forty-year term ... imposed appropriate fines and penalties. After the court denied defendant's motion for reconsideration of his sentence on April 6, 2000 ... POINT III THE TRIAL COURT ERRED IN GRANTING THE STATE'S MOTION FOR SENTENCING TO AN EXTENDED TERM OF IMPRISONMENT ...

docket:	a4203-03
court:	njappellate
decided:	2005-10-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48629

830 STATE OF NEW JERSEY v. REGINALD HELMS -- rank: 619

... lesser-included offenses of second-degree sexual assault, N.J.S.A. 2C:14-2b, and third-degree child endangerment, N.J.S.A. 2C:24-4a, involving S.B., born on June 3, 1995. On the second-degree ... crime, defendant was sentenced, as a persistent offender, N.J.S.A. 2C:44-3a, to an extended term of ten ... the sexual assault conviction, we affirm. According to the State's proofs, then nine-year old S.B. lived in ...

docket:	a3937-07
court:	superior court appellate division
decided:	2010-03-29
status:	unpublished
citation:
Document Size:	80661

831 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A and M.A -- rank: 619

... JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. S.A., Defendant, and M.A., Defendant-Appellant. _______________________ IN THE MATTER ... THE GUARDIANSHIP OF M.M.A., a minor. __________________________ Submitted September 14, 2022 – Decided October 27, 2022 Before Judges Gooden Brown ... M.A. (Marina).1 We affirm. I. Mark and defendant S.A. (Susan) are the biological parents of Marina, who was born in 2016. Five months after Marina's birth, DCPP received a referral alleging that Mark and Susan ... 1:38-3(d)(12). A-1222-21 2 Marina's health and safety at risk. At the time, Mark lived ... his parents and Susan and the child lived with Susan's father. Mark visited Susan's home often. During an ...

docket:	a1222-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Unpublished
citation:
Document Size:	38577

832 STATE OF NEW JERSEY v. SULTAN KIRKLAND -- rank: 619

... we consider, among other things, the adequacy of the judge's charge to the jury, as well as his supplemental instructions ... because the judge failed to instruct the jury regarding defendant's right to remain silent until after the jury had stated ... posed by the deliberating jury, the judge precluded the jury's apparent request for a readback. I Defendant and co-defendant ... charged with: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; two counts of first-degree armed robbery, N.J.S.A. 2C:15-1; third-degree unlawful possession of ...

docket:	a2087-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-12
status:	unpublished
citation:
Document Size:	82264

833 IN THE MATTER OF LATERA GRIFFIN HUDSON COUNTY DEPARTMENT OF CORRECTIONS -- rank: 619

... General, attorney for respondent New Jersey Civil Service Commission (Craig S. Keiser, Deputy Attorney General, on the statement in lieu of ... after the results of a urinalysis conducted pursuant to HCDC's random drug testing policy indicated the presence of benzoylecgonine, a cocaine metabolite. Before us, Griffin contends the HCDC's urine screening failed to comply with the Attorney General's Law Enforcement Drug Testing Policy (revised April 2018) (Drug Testing ... sample. She also challenges certain of the Administrative Law Judge's (ALJ) discretionary procedural and evidentiary rulings. We reject all of ... was selected for random drug testing pursuant to the HCDC's 'Drug-Free Workplace: Alcohol and Drug Testing' policy (Drug- ...

docket:	a0678-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-18
status:	Unpublished
citation:
Document Size:	59828

834 RELIANCE INSURANCE COMPANY VS ARMSTRONG WORLD INDUSTRIES, INC. -- rank: 619

... Szuch argued the cause for defendant-appellant/cross-        respondent (Mark S. Herr of Cohen, Shapiro,         Polisher, Shiekman and Cohen, and Robert N. Sayler,         Marc S. Mayerson and Mr. Sipes of Covington & Burling,         on the brief ... Inc.;         and Hannoch Weisman, attorneys for amici curiae London         International U.S. Holdings, Inc., Princeton-Gamma-        Tech, Inc. and Prospect Industries, Inc ... vice ), Elizabeth A. Sherwin, and         Suzanne Q. Chamberlin, and Jordan S. Stanzler ( pro hac         vice ), on the brief).         The opinion of ... of remediation of environmental pollution to groundwater beneath an insured's site, and whether the "owned property" exclusions of the ...

docket:	a703-93
court:	njappellate
decided:	1996-07-22
status:	published
citation:	292 N.J.Super. 365
Document Size:	67363

835 STATE OF NEW JERSEY v. ERIC HINES -- rank: 619

... KENNEDY, TERRANCE KERNEY and TERRANCE KERNNEY, Defendant-Appellant. ___________________________ Submitted September 14, 2017 – Decided March 5, 2018 Before Judges Rothstadt and ... 2010, defendant was convicted of second-degree robbery, N.J.S.A. 2C:15-1 (count one); second-degree burglary, N.J.S.A. 2C:18-2(a) (count two); third- degree theft, N.J.S.A. 2C:20-3 (count three); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (count four); and third- degree burglary, N.J.S.A. 2C:18-2(a) (count five). On August ...

docket:	a2765-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	unpublished
citation:
Document Size:	53049

836 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L.B. and R.S.H -- rank: 619

... AND PERMANENCY, Plaintiff-Respondent, v. N.L.B. and R.S.H., Defendants-Appellants. _____________________________ IN THE MATTER OF THE GUARDIANSHIP OF ... a Minor. _____________________________ Argued telephonically December 12, 2019 – Decided January 14, 2020 Before Judges Geiger and Natali. On appeal from the ... A. Burke, Designated Counsel, argued the cause for appellant R.S.H. (Joseph E. Krakora, Public Defender, attorney; Robyn A. Veasey ... Lochel, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... In these consolidated appeals, N.L.B ('Nancy') and R.S.H. ('Robert') contest the Family Part's November 7, 2018 final judgment of guardianship terminating their ...

docket:	a1316-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-12
status:	Unpublished
citation:
Document Size:	58074

837 /usr/local/share/www/libweb/collections/courts/appellate/a4298-18.opn.html -- rank: 619

... scene, and by failing to call that witness at defendant's second trial. We reject these contentions and affirm the denial ... PCR substantially for the reasons set forth in Judge Leath's thorough and thoughtful opinion. The procedural history and relevant facts ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentences imposed on the ... consolidated the issues arising from both trials and affirmed defendant's convictions in a published opinion. Terrell, 452 N.J. Super ... in here, get this shit, and come right out, it's going to be real easy, you know, you ain't ... separate opinion, dissenting in part, but only discussed a juror's removal. Id. at 171 (Albin, J., dissenting). 3 We ...

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838 /usr/local/share/www/libweb/collections/courts/appellate/a4154-11.opn.html -- rank: 619

... the four statutory prerequisites (the "four prongs") to a court's termination of a parent's rights to their child. The Division and A.M.'s Law Guardian argue that the Division met its burden under ... statute. The statute permits a court to terminate a parent's rights only when: (1) The child's safety, health or development has been or will continue to ... the parent correct the circumstances which led to the child's placement outside the home and the court has considered ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68570

839 DIVISION OF YOUTH AND FAMILY SERVICES v. A.E.M IN THE MATTER OF THE GUARDIANSHIP OF I.M.M -- rank: 619

... that the proofs were insufficient to support termination of defendant's parental rights to I.M.M. and reverse. Because of ... pregnant and using cocaine about two weeks before the baby's birth. Both mother and baby tested negative for drugs but ... Gavel and police-check forms. The mother identified her sister S.P. as a possible caregiver, but she was soon ruled ... substantiated. In the Case Plan executed by Collier on September 14, 2005, he listed the CADC assessments and a psychological evaluation ... counsel was appointed. The judge found that I.M.M.'s removal was necessary because of the Divi­sion's allegations of "transmission of STDs by the defendant mother, ...

docket:	a2753-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-17
status:	unpublished
citation:
Document Size:	160852

840 STATE OF NEW JERSEY v. JOHN L. STURDIVANT 3rd -- rank: 619

... STURDIVANT, Defendant-Appellant. _________________________ Argued October 28, 2021 – Decided January 14, 2022 Before Judges Whipple, Geiger and Susswein. On appeal from ... jury trial conviction for eluding a police officer, N.J.S.A. 2C:29-2(b). This case arises from a ... while explaining to the jury how to evaluate the officer's level of confidence in his identification, inadvertently substituting the word ... that the officer was trained to carefully observe a suspect's facial features. Defendant also claims the prosecutor, during his closing ... 19 2 evidence that the motorcycle, which belonged to defendant's mother and was reported stolen, had been taken by someone ... was lifted. Martinez testified that he looked at the operator's face for five to six seconds. He also A- ...

docket:	a1603-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-14
status:	Unpublished
citation:
Document Size:	67845