Search Rutgers Law Library N.J. Court Opinions

301 STATE OF NEW JERSEY v. ROBERT MORGAN -- rank: 476

... 18, 2007 - Decided June 6, 2007 Before Judges Parker, C.S. Fisher and Messano. On appeal from the Superior Court of ... The opinion of this court was delivered by MESSANO, J.S.C. (temporarily assigned). Defendant Robert Morgan appeals from a judgment ... finding him guilty of speeding, in violation of N.J.S.A. 39:4-98. The testimony before the Montague Township ... On the afternoon of May 19, 2005, Sussex County Sheriff's Officer Samantha Shpiruk was on patrol driving northbound on Route ... radar unit. Shpiruk activated her car lights and stopped defendant's vehicle. She issued a summons to him for a violation of N.J.S.A. 39:4-98, specifically driving sixty-six miles ...

docket:	a5969-05
court:	njappellate
decided:	2007-06-06
status:	published
citation:	393 N.J. Super. 411
Document Size:	76097

302 STATE OF NEW JERSEY v. MICHAEL PIERRO -- rank: 476

... Michael Pierro was convicted of driving while intoxicated, N.J.S.A. 39:4-50, and sentenced as a third-time ... a $75 SNSF assessment. In addition, the judge revoked defendant's driver's license for ten years, required him to serve 180 days ... him to spend forty-eight hours at the Intoxicated Driver's Resource Center. Defendant appeals, claiming a lack of evidential support ... trial, a denial of due process based on the police's failure to properly videotape his field sobriety tests and ineffective ... right, Walstrum called 911 and gave the operator the car's license plate number, which she could see when she ...

docket:	a1598-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	unpublished
citation:
Document Size:	20030

303 /usr/local/share/www/libweb/collections/courts/appellate/a0187-19.opn.html -- rank: 476

... the court he was not prepared to accept the State's plea offer; that he wished to fire his privately 1 The No Early Release Act, N.J.S.A. 2C:43-7.2. 3 A-0187-19 retained ... shortly after his arrest almost five years before. Suspecting defendant's change of heart was influenced by his desire to delay ... case, and that he was prepared to accept the State's plea offer. At defense counsel's request, the court adjourned the matter for ten days to ... motion for a stay. The judge heard and denied defendant's second motion to stay the proceedings a few days ...

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304 STATE OF NEW JERSEY v. MICHAEL CAHILL -- rank: 476

... following de novo review on August 31, 2010, granting defendant's motion to dismiss certain motor vehicle violations on speedy trial grounds and vacating defendant's conditional guilty plea to one of those violations as well ... arrested and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; consumption of alcohol while operating a motor vehicle, N.J.S.A. 39:4-51a; possession of an open container of alcohol while on a public highway, N.J.S.A. 39:4-51b; and reckless driving, N.J.S.A. 39:4-96. On April 10, 2008, he ...

docket:	a0617-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	16643

305 /usr/local/share/www/libweb/collections/courts/appellate/a0240-19.opn.html -- rank: 476

... General/Acting Assistant Prosecutor, argued the cause for respondent (Jill S. Mayer, Acting Camden County Prosecutor, attorney; Maura M. Sullivan, of ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(5)(a)(iii); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(5)(b). We affirm. Defendant ... OF THE INDICTMENT (not raised below). POINT III: THE PROSECUTOR'S CONDUCT DURING TRIAL AND HIS REMARKS DURING CLOSING WERE IMPROPER (not raised below). POINT IV: THE COURT'S SENTENCE WAS EXCESSIVE AS THE COURT FAILED TO GIVE CONSIDERATION ... DEFENDANT ELIGIBLE FOR [Intensive Supervision Program (ISP)] WHEN THE DEFENDANT'S CONVICTION MADE HIM INELIGIBLE FOR ISP (not raised below). ...

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306 Maisonave v. The Newark Bears Professional Baseball Club, Inc. -- rank: 473

... interests of the fans, the Court adopts the Appellate Division's opinion in Schneider , to the extent that it holds that ... inherent, expected, and even desired part of the baseball fan's experience. (Pp. 9—14). 3. In the interest of clarity ... the scope of the rule. The measure of the operator's duty is due care under all the circumstances. Owners and ... consistent with this opinion.     JUSTICE WALLACE, CONCURRING in the majority's result, would reject the limited duty rule and apply traditional ... in part, joined by JUSTICE LaVECCHIA , agrees with the majority's decision to adopt the limited duty rule of Schneider as ... of care for the same peril irrespective of the plaintiff's location when injured and adopt without modification the Appellate ...

docket:	a-59-04
court:	njsupreme
decided:	2005-09-13
status:
citation:	*CITE_PENDING*
Document Size:	91637

307 STATE OF NEW JERSEY v. DAVID HARDEN -- rank: 470

... novo , finding him guilty of a traffic violation, N.J.S.A. 39:4-66.2. We affirm. On April 7 ... in West Deptford, intending to enter a private business, Matteo's Scrap Yard (Matteo's). Crown Point Road runs parallel to Route 295. Matteo's is not accessible to vehicles traveling northbound on Crown Point Road. The only method of reaching Matteo's is by traveling on the southbound side of Crown Point ... is a one-way street. In order to access Matteo's from this southbound route, a vehicle must enter the ...

docket:	a4378-08
court:	superior court appellate division
decided:	2010-07-21
status:	unpublished
citation:
Document Size:	38151

308 Progressive Casualty Insurance Company v. Robert Matthew Hurley, et al. -- rank: 470

... Folsom Lake Toyota. He received UM benefits under Folsom Lake's insurance policy.     In 1993, Devil Eleven was formed primarily for ... sole officers of the corporation. In 1993, Jason Jacobs, Hurley's financial advisor, was responsible for Hurley's personal business affairs. Jacobs asked Jim Cullinan, the president of ... insurance broker, to find the best coverage available for Hurley's 1993 Ford Explorer. The insurance application submitted by Coverage Consultants ... be added to the policy. After informing Jacobs of Progressive's advice, Jacobs told Cullinan to add “drive other car” coverage ... a declaratory action, seeking a judgment that, under Devil Eleven's business auto insurance policy, Hurley was not entitled to ...

docket:	a-96-99
court:	njsupreme
decided:	2001-01-29
status:
citation:	166 N.J. 260
Document Size:	58205

309 STATE OF NEW JERSEY v. BENJAMIN P. FORTUNE -- rank: 470

... on the brief). PER CURIAM After defendant Benjamin P. Fortune's speedy trial motions were denied, he entered a plea of guilty to: first-degree racketeering, N.J.S.A. 2C:41-2c; second-degree conspiracy and armed robbery, N.J.S.A. 2C:5-2 and 15-1; and first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a. The State agreed to dismiss related ... aggregate term (twenty-three years) was consistent with the State's sentence recommendation in the plea agreement. On appeal, defendant contends ... HIS FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO A SPEEDY TRIAL. U.S. Const. , Amends VI, XIV; N.J. Const. (1947), ...

docket:	a2559-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	20361

310 STATE OF NEW JERSEY v.KRISTINA EADDY -- rank: 470

... Decided December 22, 2006 Before Judges Wefing, Parker and C.S. Fisher. On appeal from the Superior Court of New Jersey ... found her guilty of first degree attempted murder, N.J.S.A. 2C:5-1, 11-3 and 2-6 (Count 1); second degree aggravated assault, N.J.S.A. 2C:39-4 and 2-6 (Count 4); third degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b and 2-6 (Count 5); and ... degree purchase of a firearm without a permit, N.J.S.A. 2C:58-3a, 2C:39-10a and 2-6 ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, (NERA), and a concurrent ...

docket:	a5219-03
court:	njappellate
decided:	2006-12-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	77319

311 STATE OF NEW JERSEY v. LEWIS HOOPER -- rank: 467

... In 2019, we reversed the order denying defendant Lewis Hooper's post- sentencing Slater1 motion and refusing to consider his claim ... Backed by averments of his plea counsel, we found defendant's claim that his 'patently irrational' decision to plead 'open,' based ... N.J. 145, 157 (2009). 2 Strickland v. Washington, 466 U.S. 668, 693-94 (1984). 3 The No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. A-2528-21 2 'incompetent ... file a motion to dismiss the indictment. Specifically, following defendant's very late notice that he intended to assert a ...

docket:	a2528-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-16
status:	Unpublished
citation:
Document Size:	17953

312 STATE OF NEW JERSEY v. LAMAR A. JONES -- rank: 467

... PER CURIAM Lamar A. Jones appeals from the trial court's order denying, without an evidentiary hearing, his petition for post ... conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), second-degree unlawful possession of a weapon, N.J.S.A. 2C:39–5(b), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39–4(a). We affirmed those convictions on direct appeal, but we reversed defendant's conviction of fourth- degree criminal trespass, N.J.S. ...

docket:	a3673-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-17
status:	Unpublished
citation:
Document Size:	10178

313 PANSINI CUSTOM DESIGN ASSOCIATES LLC. v. CITY OF OCEAN CITY -- rank: 467

Original Wordprocessor Version This case can also be found at 407 N.J. Super. 137 or 969 A.2d 1163. (NOTE ... an appropriate evaluation methodology and whether it fulfills a judge's fact-finding responsibility. Here, the trial judge, after excluding the ... must comply with the procedures set forth in Ocean City's zoning ordinance, specifically, the requirements of the historic-preservation ordinance ... ordinance require an owner to first apply to the City's Historic Preservation Commission for a demolition permit. O.C. Ord ... present use as a historic site. Pansini Custom Design Assoc s . v. City of Ocean City , No. A-5635-99T5 (App ... granted the application, and the Law Division sustained the Board's decision. We reversed. See Citizens for Historic Preservation, Inc. ...

docket:	a2003-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-14
status:	published
citation:	407 N.J. Super. 137 969 A.2d 1163
Document Size:	60076

314 STATE OF NEW JERSEY v. ROBERT D. BROWN -- rank: 467

... jury trial on charges of first-degree robbery, N.J.S.A. 2C:15-1a(2); second-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4a; and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. The jury found defendant guilty of ... possession of a firearm by a convicted person, N.J.S.A. 2C:39-7b, a crime of the second degree, had been dismissed. The trial court denied the State's motion for an extended- term sentence on the basis that ... on the second- and third-degree convictions, respectively. In counsel's brief on appeal, defendant raises the following issues for ...

docket:	a0055-09
court:	superior court appellate division
decided:	2010-12-30
status:	Unpublished
citation:
Document Size:	26876

315 STATE OF NEW JERSEY v. BARRY WILLIAMS -- rank: 467

... degree possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-7.1. He was thereafter sentenced to ... his jacket to reveal his police identification and grabbed defendant's arm, as a result of which defendant dropped the bag ... of his attorney, the judge advised the jury of defendant's right to voluntarily absent himself from the trial and cautioned ... VALUE WAS FAR OUTWEIGHED BY PREJUDICE. POINT II THE PROSECUTOR'S COMMENTS DURING SUMMATION CLEARLY EXCEEDED THE BOUNDS OF PROPRIETY AND REQUIRE A REVERSAL OF DEFENDANT'S CONVICTION. POINT III THE TRIAL COURT ERRED BY TRYING DEFENDANT ... of the sentence. First, we find no merit in defendant's contentions respecting the use of photographs during his trial. ...

docket:	A2869-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-04
status:	unpublished
citation:
Document Size:	37528