Search Rutgers Law Library N.J. Court Opinions

901 STATE OF NEW JERSEY v. K.C. -- rank: 607

... eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant claims that ... because the court did not include his theory that Eva's death was accidental; and his sentence was excessive. After a ... trying to grab her hands, while water from the bathtub's faucet splashed on her. Eva was moving her legs while ... dropped Eva back into the tub and dialed 911. Z.S. (Zelda), Eva's sister, testified that she saw defendant in the hospital later ... to the police, he told her, "don't worry." Eva's mother, R.V. (Renee), testified that when she saw ...

docket:	a0388-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-06
status:	unpublished
citation:
Document Size:	55771

902 STATE OF NEW JERSEY v. DARRYL DAVIS -- rank: 607

... facts are derived from the trial record as the State's version of events, which evidently convinced the jury of defendants ... on the day of the homicides. Mr. Holiday is Rahman's brother and Grimes's uncle. The Holidays were familiar with defendants, but knew them ... their planned use of the vestibule outside of Mr. Holiday's apartment for the sale of illegal drugs. Because it was a Sunday, and Mr. Holiday's mother was expected to visit, he instructed Rahman and Grimes ... to call 9-1-1, he peered through the door's peephole and observed Goode "running down the stairs shooting" ...

docket:	a1176-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-06-06
status:	Published
citation:
Document Size:	99522

903 STATE OF NEW JERSEY v. GREGORY K. PERRY -- rank: 607

... defendant Gregory K. Perry with first degree carjacking, N.J.S.A. 2C:15-2 (count one); first degree robbery, N.J.S.A. 2C:15-1 (count two); third degree theft by unlawful taking, N.J.S.A. 2C:20-3 (count three); third degree terroristic threats, N.J.S.A. 2C:12-3a (count four); third degree fraudulent use of a credit card, N.J.S.A. 2C:21-6h (counts five and six); third degree receiving stolen property, N.J.S.A. 2C:20-7 (counts seven and eight); third ...

docket:	a5118-11
court:	NJ Superior Court Appellate Division
decided:	2015-02-27
status:	unpublished
citation:
Document Size:	85264

904 CAROL ANN CONFORTI v. COUNTY OF OCEAN -- rank: 607

... Law Division, Ocean County, Docket No. L-2340-15. Eliyahu S. Scheiman argued the cause for appellants/cross-respondents (Porzio, Bromberg & Newman, PC, and Berry, Sahradnik, Kotzas & Benson, attorneys; Eliyahu S. Scheiman, Thomas J. Reilly, Mary Jane Lidaka, and Christopher A ... PER CURIAM Following a jury trial arising from Kenneth Conforti's suicide while he was confined in the Ocean County Jail ... under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, seeking both compensatory damages ... son A.C., who is deaf and afflicted with Down's Syndrome. At his OCJ intake, the forty-five-year-old ... diagnosed with depression. Kenneth was consequently kept in the OCJ's medical housing unit under critical observation because of alcohol ...

docket:	a0817-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	50088

905 ALEX PEREZ v. SUSAN ADLER, ESQ. -- rank: 607

... affirm the orders challenged by plaintiff and dismiss Tesser & Cohen's cross-appeal. I. In February 2007, plaintiffs filed an action ... of misrepresentation under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -204, breach of contract, breach ... prepared an expert report, which identified certain defects in Weissman's engineering plans and the work performed by Swim-Well and ... by Juan C. Almonte. Based on the findings in Porcello's report, Tesser & Cohen filed a motion to amend the complaint ... resolve this issue. In addition, the court granted Swim-Well's motion for partial summary judgment on other alleged regulatory violations ... the close of plaintiffs' proofs, the judge granted Swim-Well's motion for involuntary dismissal of plaintiffs' CFA claims pursuant ...

docket:	a4103-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	41711

906 STATE OF NEW JERSEY v. SHAWN SOUTHERLAND -- rank: 607

... charging defendant Shawn Southerland with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one ... or prosecution by way of concealment or destruction, N.J.S.A. 2C:29-3(b)(1) (count two); and third ... giving false information to a law enforcement officer, N.J.S.A. 2C:29-3(b)(4) (count three). Defendant filed ... represent himself. On February 18, 2011, the court granted defendant's motion and appointed his public defender to serve as standby counsel. The court thereafter denied defendant's subsequent motions for the appointment of new standby counsel. Over ... course of the pre-trial proceedings, the court denied defendant's motions to suppress certain evidence. The court also denied ...

docket:	a4663-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	58027

907 PHIBRO ANIMAL HEALTH v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA -- rank: 607

... UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Respondent. ____________________________________ July 14, 2016 Argued February 29, 2016 – Decided Before Judges Sabatino ... insured, Phibro Animal Health Corporation ("Phibro"), appeals the trial court's decision granting summary judgment to the insurer, defendant National Union ... provide coverage for economic losses sustained by three of Phibro's customers. The customers raised broiler chickens for human consumption. The ... for customer claims that Phibro had settled without National Union's consent. For the reasons that follow, we reverse the grant ... principles of coverage law to the terms of National Union's policy and the factual record, we conclude the circumstances here ... trial court for further consideration. We agree with the court's ruling that the contractual liability and professional liability exclusions ...

docket:	a5589-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	446 N.J.Super. 419 142 A.3d 761
Document Size:	105528

908 CINDY JOHNSON v. FRANK MCCLELLAN, ESQ., -- rank: 607

... Johnson, in her capacity as administrator of her late husband's estate, brought a civil action against defendant Frank McClellan, under N.J.S.A. 2C:21-22a, for damages resulting from defendant's alleged unauthorized practice of law regarding his involvement in plaintiff's prior medical malpractice suit. Plaintiff also sought disgorgement of a ... the '[r]eturn of [i]mproper [r]eferral [f]ee [s]um [o]rdered disgorged,' and $256,036.26 representing treble damages and attorney's fees, under N.J.S.A. 2C:21-22a. ...

docket:	a2683-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Published
citation:
Document Size:	71208

909 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.G and J.G. -- rank: 607

... counsel; Howard B. Tat, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Donna Sue Arons, Assistant ... parental rights of both J.G. and A.G., Jesse's biological mother, 1 We refer to the minor as 'Jesse ... to satisfy its burden of proof to terminate A.G.'s parental rights. Having reviewed the record, and in light of ... abuse of [Jesse].' Namely, A.G. alerted officials at Jesse's school that J.G. had been sexually abusing Jesse. Jesse ... an incident where 'she would have to 'rub' [J.G.'s penis] back and forth and also 'put her mouth on ... G. 'was taken into custody at the Passaic County Prosecutor's Office.' He refused to address any claims that he ...

docket:	a2698-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	45694

910 STATE OF NEW JERSEY STATE AGRICULTURE DEVELOPMENT COMMITTEE v. QUAKER VALLEY FARMS LLC -- rank: 607

... respondent State of New Jersey, State Agriculture Development Committee (Christopher S. Porrino, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... to the Agriculture Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -31, -32 to -37. Defendants ... in length. Pursuant to its enforcement powers under N.J.S.A. 4:1C-33, the State Agriculture Development Committee (SADC ... of the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2, and other claims, arising out of the SADC's alleged interference with their use of the farmland. 3 The ... and remedy were bifurcated. The trial court granted the SADC's motion for summary judgment and denied defendants' cross-motion, ...

docket:	a5710-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-24
status:	unpublished
citation:
Document Size:	87086

911 STATE OF NEW JERSEY v. QUANTIS L. GOODE -- rank: 607

... facts are derived from the trial record as the State's version of events, which evidently convinced the jury of defendants ... on the day of the homicides. Mr. Holiday is Rahman's brother and Grimes's uncle. The Holidays were familiar with defendants, but knew them ... their planned use of the vestibule outside of Mr. Holiday's apartment for the sale of illegal drugs. Because it was a Sunday, and Mr. Holiday's mother was expected to visit, he instructed Rahman and Grimes ... to call 9-1-1, he peered through the door's peephole and observed Goode "running down the stairs shooting" ...

docket:	a1615-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-06
status:	unpublished
citation:
Document Size:	102776

912 STATE OF NEW JERSEY v. CARLOS FELICIANO -- rank: 607

... Carlos Feliciano was convicted of first-degree robbery, N.J.S.A. 2C:15-1; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. A second trial resulted in a ... degree certain persons not to have a weapon. N.J.S.A. 2C:39-7a. Defendant was sentenced on September 27 ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's appeal of his conviction, and the Supreme Court denied certification ... The facts adduced at trial are not complex. On October 14, 2000, at approximately 3:40 a.m., Juan Negron ...

docket:	a5806-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-22
status:	unpublished
citation:
Document Size:	38395

913 STATE OF NEW JERSEY v. RAHMAN HERRILL -- rank: 607

... establish a prima facie basis for PCR. We affirm. Defendant's convictions arose out of the New Year's Day shooting of Stephen Calderone outside of an apartment building ... Yvette Weems' apartment where Weems was hosting a New Year's Eve party with some of her girlfriends and a few ... women who were at her apartment for the New Year's Eve party, Ruth Powell and Shamira Jones. All three women ... 2006, Judge Joseph C. Cassini, III found that trial counsel's performance "more than satisfie[d] the minimum reasonable standard for effective assistance of counsel" and that defendant's petition failed to demonstrate, by a preponderance of the ...

docket:	a2846-06
court:	superior court appellate division
decided:	2010-04-09
status:	Unpublished
citation:
Document Size:	39285

914 DIVISION OF YOUTH AND FAMILY SERVICES v. V.A.L IN THE MATTER OF THE GUARDIANSHIP OF A.M.L -- rank: 607

... of Youth and Family Services (Division) and terminating the mother's parental rights. We affirm. I. The history of the mother's involvement with the Division prior to the institution of this ... visiting the mother and baby at their home on February 14, 2003. The mother told the Division worker that she had ... period of time. In the beginning, ARC reported the mother's regular participation to the Division and noted the baby was ... Center for Gloucester County. The resulting report documented the mother's struggle with bipo­lar disorder, anxiety, and depression. The attending ... to do so. When the police arrived at the woman's apartment, she appeared intoxicated and was drinking from a ...

docket:	a0158-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	unpublished
citation:
Document Size:	108893

915 STATE OF NEW JERSEY v. CARLOS CRUZ -- rank: 607

... third-degree possession of a controlled substance (CDS), N.J.S.A. 2C:35-10a(1) (count one); first-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(1)(9) (count two); and fourth ... possession of drug paraphernalia with intent to distribute, N.J.S.A. 2C:36-3 (count three). On August 2, 2005 ... 1032 with third-degree possession of a CDS, N.J.S.A. 2C:35-10a(1). On December 12, 2005, arising ... degree possession of a weapon (a stun gun), N.J.S.A. 2C:39-3h. On December 12, 2005, defendant ...

docket:	a0404-09
court:	superior court appellate division
decided:	2011-01-27
status:	unpublished
citation:
Document Size:	42837