Search Rutgers Law Library N.J. Court Opinions

151 STATE OF NEW JERSEY v. CRISTIAN VASILE -- rank: 668

... WAS INEFFECTIVE IN FAILING TO ADMIT INTO EVIDENCE MS. VANDUYSEN'S LETTER. D. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO MOVE ... COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R .3:22-4 ... COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R .3:22-5 ... POINT VIII : THE LOWER COURT ERRED IN NOT GRANTING DEFENDANT'S REQUEST FOR AN EVIDENTIARY HEARING AND THE LOWER COURT ORDER ... County grand jury 1 with third-degree conspiracy, N.J.S.A. 2C:5-2 (count one); third-degree burglary, N.J.S.A. 2C:18-2 (counts two, four, and six); ...

docket:	a0197-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	42014

152 H.E.S. v. J.C.S. -- rank: 665

... of any opinion may not have been summarized). H.E.S. v. J.C.S. (A-132-01) Argued November 7, 2002 -- Decided February 6 ... There are two issues in this appeal. First, whether defendant's right to due process was violated when he received notice ... whether video surveillance by one spouse of the other spouse's bedroom can constitute one of the predicate offenses of domestic ... checked. On August 23, 2000, defendant was served with plaintiff's complaint and TRO. Also on that date, a court clerk ... terroristic threats to herself and her family. Over defense counsel's objection, the court proceeded to take additional testimony from ...

docket:	a-132-01
court:	njsupreme
decided:	2003-02-06
status:
citation:	175 N.J. 309
Document Size:	64347

153 STATE OF NEW JERSEY v. JAMES E. GRANT, JR. -- rank: 665

... inadmissible and prejudicial material, consisting of a non-testifying witness's recital of damaging and inadmissible hearsay statements she termed "gossip" and a detective's opinion that defendant was guilty. Because the trial judge permitted ... be played without redaction, we are constrained to reverse defendant's convictions. I. Defendant was indicted in September 2012 on two ... counts of first-degree attempt to commit murder, N.J.S.A. 2C:11-3(a) and 2C:5-1; two ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree possession of an assault firearm, N.J.S.A. 2C:39-5(f) and 2C:39-1( ...

docket:	a5023-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	67575

154 STATE OF NEW JERSEY v. KENNETH IRELAN -- rank: 665

... stop and arrest for driving while intoxicated (DWI), N.J.S.A. 2C:39-5b. The trial judge granted defendant's suppression motion. He found that the search did not qualify ... States Constitution laid down in New York v. Belton , 453 U.S. 454 , 101 S. Ct. 2860 , 69 L. Ed.2d 768 (1981), because in ... 661 (2000).     Because the evidence needed to support the State's case was suppressed, the indictment was dismissed. The State ...

docket:	a6622-03
court:	njappellate
decided:	2005-02-14
status:	published
citation:	375 N.J. Super. 100
Document Size:	50717

155 STATE OF NEW JERSEY v. LATIF ROBINSON -- rank: 665

... found that he fired shots into and inside a neighbor's house because he was annoyed by loud music. His defense ... punched Isadiel Falcon in the face. Falcon retreated into Pabon's house when he saw defendant reach for his waistband, fearing ... house and attempted to make peace. The people at Pabon's house believed Mays was defendant's brother. Mays told them that defendant was no longer armed ... But defendant soon returned and confronted the people at Pabon's house a second time. He began firing a semi-automatic ... the place where the police would find the shooter. Defendant's grandmother lived at the neighboring house, and she told ...

docket:	a2753-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-29
status:	unpublished
citation:
Document Size:	75234

156 STATE OF NEW JERSEY v. MARC GALLUCCI -- rank: 662

... Law Division, Middlesex County, Indictment No. 12-09-1393. Lauren S. Michaels, Assistant Deputy Public Defender, argued the cause for appellant ... Stephanie R. Tylka guilty of the aggravated assault of Tylka's former paramour. 1 The trial judge sentenced Gallucci to a ... errors. First, the judge unduly restricted evidence of the victim's past violent behavior toward Tylka and improperly instructed the jury on the victim's prior bad acts. Second, the judge failed to give a ... summation. Lastly, Gallucci contends the cumulative effect of the court's and prosecutor's missteps deprived him of a fair trial. Tylka makes ...

docket:	a3609-13
court:	NJ Superior Court Appellate Division
decided:	2017-07-10
status:	unpublished
citation:
Document Size:	95075

157 SOUTH SALEM STREET ASSOCIATES, LLC v. THE PLANNING BOARD OF THE TOWNSHIP OF MONTVILLE -- rank: 662

... Township deprived them of their property rights pursuant to 42 U.S.C. § 1983, and maliciously prosecuted them in a separate municipal ... of a Township ordinance. Plaintiffs appeal from the trial court's grant of summary judgment dismissing their claims, as well as from the court's refusal to permit them to amend their complaint to add ... claims, we recite the record in some detail. A. Plaintiff's Site Plan Approval South Salem and Delaware Hudson are the ... to the sale under duress and coercion because of Rosellini's alleged threats to rezone the property to remove the ...

docket:	a5401-06
court:	njappellate
decided:	2008-10-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82106

158 DAVID A. GARFINKEL, M.D. v. MORRISTOWN OBSTETRICS and GYNECOLOGY ASSOCIATES, P.A., et al. -- rank: 662

... New Jersey Law Against Discrimination ("L.A.D."), N.J.S.A. 10:5-1 to -42, asserting he was terminated ... to arbitration."     The arbitration clause in paragraph 18 of plaintiff's agreement with MOGA provides:         [e]xcept as otherwise expressly set ... MOGA and Ramieri asserted as an affirmative defense that "plaintiff's complaint is barred by the Arbitration Clause in the agreement ... Court decision in Gilmer v. Interstate/Johnson Lane Corp. , 500 U.S. 20 , 11 S.Ct. 1647 , 114 L.Ed.2d 26 (1991), that ...

docket:	a3326-98
court:	njappellate
decided:	2000-07-25
status:	published
citation:	333 N.J.Super. 291
Document Size:	46377

159 THOMAS A. FREDELLA v. TOWNSHIP OF TOMS RIVER -- rank: 662

... rulings, including the admission of the testimony of the Township's medical expert, Lawrence Guzzardi, M.D., without first holding a ... expert lacked the requisite expertise 2 Pursuant to New Jersey's comparative negligence statute, as set forth in N.J.S.A. 2A:15-5.1, 'a plaintiff who is found ... C. Cir. 1923); Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). A-3196-21 3 to offer testimony on the effect that heroin allegedly had on plaintiff's vision at the time of the accident. The trial ...

docket:	a3196-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-22
status:	Unpublished
citation:
Document Size:	54700

160 FELICE DiIORIO v. STRUCTURAL STONE & BRICK CO., INC. -- rank: 659

... four year statute of limitation of the Uniform Commercial Code (U.C.C.), N.J.S.A. 2A:14-1. The motion judge ruled the six ... is a product liability case [and] not governed by the U.C.C. Statute of Limitation. [Plaintiff] bought a house containing ... fit for exterior use which resulted in damage to [plaintiff's] house. Thus there was damage to the entire house (leaks ... punitive damages. Based upon our careful consideration of the defendant's arguments in light of the record and the applicable law ... motion judge that fact questions preclude the dismissal of plaintiff's claims asserted under the Consumer Fraud Act, N.J. ...

docket:	A1440-02
court:	NJ Superior Court Appellate Division
decided:	2004-04-02
status:	published
citation:	368 N.J. Super. 134 845 A.2d 658
Document Size:	27090

161 SECURITAS SECURITY SERVICES U.S.A., INC v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 659

... 10T4 A-5965-10T4 A-0894-11T4 SECURITAS SECURITY SERVICES, U.S.A., INC., Appellant-Appellant, v. NEW JERSEY DEPARTMENT OF TREASURY ... O. Johnston argued the cause for appellant Securitas Security Services, U.S.A., Inc. (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Johnston ... Corp. (Winne, Banta, Hetherington, Basralian & Kahn, P.C., attorneys; Gary S. Redish, of counsel and on the brief; Mr. Cohen, on ... we consolidate for purposes of this opinion, concern the State's award of a three-year contract for armed and ...

docket:	a5965-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	103313

162 SECURITAS SECURITY SERVICES U.S.A., INC - v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 659

... 10T4 A-5965-10T4 A-0894-11T4 SECURITAS SECURITY SERVICES, U.S.A., INC., Appellant-Appellant, v. NEW JERSEY DEPARTMENT OF TREASURY ... O. Johnston argued the cause for appellant Securitas Security Services, U.S.A., Inc. (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Johnston ... Corp. (Winne, Banta, Hetherington, Basralian & Kahn, P.C., attorneys; Gary S. Redish, of counsel and on the brief; Mr. Cohen, on ... we consolidate for purposes of this opinion, concern the State's award of a three-year contract for armed and ...

docket:	a0894-11
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	105193

163 SECURITAS SECURITY SERVICES U.S.A., INC - v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 659

... 10T4 A-5965-10T4 A-0894-11T4 SECURITAS SECURITY SERVICES, U.S.A., INC., Appellant-Appellant, v. NEW JERSEY DEPARTMENT OF TREASURY ... O. Johnston argued the cause for appellant Securitas Security Services, U.S.A., Inc. (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Johnston ... Corp. (Winne, Banta, Hetherington, Basralian & Kahn, P.C., attorneys; Gary S. Redish, of counsel and on the brief; Mr. Cohen, on ... we consolidate for purposes of this opinion, concern the State's award of a three-year contract for armed and ...

docket:	a2608-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	105192

164 STATE OF NEW JERSEY v. CHRISTOPHER NEIDERMAN -- rank: 659

... indictment charging defendant with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(l) (count one) and third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (count two). Defendant was tried ... lesser-included offense of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7), and acquitted him on ... Following our review, we are unable to agree that defendant's rights were violated or that there were any other unduly ... the physical altercation escalated and became increasingly more violent, defendant’s mother entered the room, and defendant ordered her to call ... Neiderman home. Unable to find someone, Cotton finally convinced defendant’s father to drive her to a friend's residence ...

docket:	a0164-09
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	62693

165 WILLIAM JAMES v. ROSALIND RUIZ -- rank: 659

... on direct or cross- examination, about whether that testifying expert's findings are consistent with those of a non-testifying expert ... issued a report in the course of an injured plaintiff's medical treatment. We also consider the propriety of counsel referring to the non-testifying expert's findings in closing argument. Although the general legal principles on ... posed about the "consistency" or "inconsistency" of a testifying expert's opinions with a non-testifying expert's views, and whether arguments about such consistency or inconsistency may ... have the jury consider for their truth the absent expert's hearsay opinions about complex and disputed matters. Even where ...

docket:	a3543-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	published
citation:	440 N.J.Super. 45 111 A.3d 123
Document Size:	97965