Search Rutgers Law Library N.J. Court Opinions

331 STATE OF NEW JERSEY VS. G.N.W. -- rank: 437

... Deputy Public Defender, of counsel and on the briefs). Raymond S. Santiago, Monmouth County Prosecutor, attorney for respondent (Lisa Sarnoff Gochman ... again to complete the fact-finding needed to resolve defendant's constitutional claim. The time between defendant's arrest and trial was six years, eleven months, and twenty ... imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, Parole Supervision for Life pursuant to N.J.S.A. 2C:43-6.4, Megan's Law restrictions, fines, and penalties. In January 2020, we ...

docket:	a3756-21
court:	appellate
decided:	2024-04-15
status:	Unpublished
citation:
Document Size:	10051

332 STATE OF NEW JERSEY v. CARL D. WILLIAMS -- rank: 434

... namely count five, third-degree theft by deception, N.J.S.A. 2C:20-4. In return for defendant's agreement to plead guilty to that count, the State agreed ... POINT ONE THE TRIAL COURT ERRED WHEN IT DENIED DEFENDANT'S MOTION TO SUPPRESS EVIDENCE SEIZED AS A RESULT OF A ... BECAUSE THE ITEMS TAKEN FROM THE FRONT SEAT OF DEFENDANT'S AUTOMOBILE WERE SEIZED PURSUANT TO AN ILLEGAL WARRANTLESS SEARCH, AND ... THE UNITED STATES AND NEW JERSEY CONSTITUTIONS. POINT TWO DEFENDANT'S SENTENCE WAS EXCESSIVE AND CONSTITUTED AN ABUSE OF DISCRETION, REQUIRING ... TRIAL COURT FOR A NEW SENTENCE HEARING. We reject defendant's arguments and affirm. At the suppression hearing, the State ...

docket:	a5610-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	23240

333 ROBERT ROSS v. GARY E. RUPERT -- rank: 434

... an order entered on October 21, 2005, which denied plaintiff's "motion for relief from [an] order" pursuant to R. 4 ... Automobile Insurance Cost Reduction Act of 1998 ("AICRA"), N.J.S.A. 36:6A-1.1 to -35. See 183 N ... judgment motion in a verbal threshold case. The Supreme Court's denial of certification in James , although "not a disposition on the merits[,]" "suggested to some the Supreme Court's concurrence in the view we expressed in that case . . . ." Beltran ... the] longstanding controversy over the proper interpretation of N.J.S.A. 39:6A-8a." Beltran , supra , 379 N.J. Super ... Court overruled James and held that "[n]othing in AICRA's preamble, its legislative history, or its policy objectives suggests ...

docket:	A1691-05
court:	NJ Superior Court Appellate Division
decided:	2006-02-27
status:	published
citation:
Document Size:	52658

334 STATE OF NEW JERSEY v. ARMOND DECICCO -- rank: 431

... appeals his conviction of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50. He contends that the State's proofs at trial in the municipal court were insufficient to ... his conviction. For the reasons that follow, we reverse defendant's conviction because we agree with his contentions concerning the insufficiency of the State's proofs of operation. That determination makes it unnecessary for us ... Trooper approached the car, he saw defendant in the driver's seat holding a can of beer in his hand. No ... to the officers that he had been at a friend's house earlier that day and that he had consumed ...

docket:	a2986-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	30823

335 STATE OF NEW JERSEY v. CHERYLANN ACKERMAN -- rank: 431

... right to trial by jury, the right to confront one's accusers, and the right to a speedy trial." Ibid. Our ... defendant caused by the delay, we are satisfied that defendant's speedy trial rights were not violated. Barker v. Wingo , 407 U.S. 514 , 530-31, 92 S. Ct. 2182 , 2192-93, 33 ...

docket:	A0759-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-18
status:	unpublished
citation:
Document Size:	34037

336 STATE OF NEW JERSEY v. SCOTT S. GUNDERSON -- rank: 422

... 05T20643-05T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SCOTT S. GUNDERSON, Defendant-Appellant. _______________________________________ Submitted March 15, 2006 - Decided July 27 ... of counsel and on the brief). PER CURIAM Defendant Scott S. Gunderson appeals from a judgment of conviction for resisting arrest, 42 N.J. 146, 162 (1964). In deciding defendant's speedy trial claim, the judge balanced the relevant factors in ... 2003, defendant was issued summonses charging disorderly conduct, N.J.S.A. 2C:33-2, resisting arrest, N.J.S.A. 2C:29-2, and disorderly conduct, Ordinance 53-38 ... Grasso found defendant guilty of resisting arrest. He vacated defendant's conviction for violation of the Seaside Park Ordinance on ...

docket:	A0643-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-27
status:	unpublished
citation:
Document Size:	29275

337 JENNIFER P. GERBER, an infant by her Guardian Ad Litem, FRANCINE GERBER, and RICHARD et al. v. SPRINGFIELD BOARD OF EDUCATION, et al -- rank: 419

... pain and suffering under the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, and whether the ... in the present litigation. The motion judge concluded that plaintiff's injuries did not meet the requirements of 150 N.J ... the school superintendent, wrote to Francine and Richard Gerber, plaintiff's parents, in May 1994, in response to their grievances. His letter concerned plaintiff's general welfare and her safety in the School.     The situation ... and Hunter entered English class. Hunter then went to plaintiff's desk, pulled her out of her chair and threw her ... teacher from across the hall took plaintiff to the nurse's office, where, despite the fact that plaintiff was wounded ...

docket:	a6662-97
court:	njappellate
decided:	2000-02-03
status:	published
citation:	328 N.J.Super. 24
Document Size:	27812

338 STATE OF NEW JERSEY v. GREGORY WRIGHT -- rank: 416

... 2012 and convicted of first degree armed robbery, N.J.S.A. 2C:15-1(a), second degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-5(b), and second degree unlawful possession of a firearm, N.J.S.A. 2C:39-4(a). On August 29, 2012,1 ... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This court affirmed the conviction ... 455 (2016). We incorporate by reference the facts underlying defendant's conviction described in our unpublished opinion. Id. slip op. at ... not on the record . . . the disputed facts in the petitioner's case [are] whether his attorney was ineffective.' The prosecutor ...

docket:	a0012-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-13
status:	Unpublished
citation:
Document Size:	10511

339 STATE OF NEW JERSEY v. WAYNE E. FABER -- rank: 416

... Defendant was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; leaving the scene of an accident, N.J.S.A. 39:4-129; failure to report an accident, N.J.S.A. 39:4-130; and another charge. Pursuant to a ... services of his counsel. Counsel acknowledged that this was defendant's second DWI offense, and that the accident victim was pregnant ... his license for about two years," and that "[h]e's going to lose his job" because "he needs his ...

docket:	a3235-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	19964

340 MIKE KHALIL v. NARESH et al. -- rank: 413

... Decided March 17, 2005 Before Judges Wefing, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... tenants of property benefited by an easement over a neighbor's property were entitled to use the easement, even though "tenants ... this right. As a result, we reject the trial judge's determination that a tenant -- here, plaintiff Mike Khalil -- did not ... of first impression, we agree with the American Law Institute's logical view that, in general, standing to sue to enforce ... Exploration and Prod. Corp. v. Exxon Corp. , 976 F.Supp. 514 , 523 (N.D.Tex. 1997); Turner Adver. Co. v. Garcia , 311 S.E.2d 466 , 468 (Ga.), cert. denied , 469 U. ...

docket:	a4680-02
court:	njappellate
decided:	2005-03-17
status:	published
citation:	376 N.J. Super. 496
Document Size:	31723

341 ABOUBACAR DEMI v. JUAN B. AZCONA -- rank: 413

... the arrival of the jury, defense counsel objected to plaintiff's counsel's use of a skeleton model as a visual aid to ... The trial court sustained the objection, holding that the plaintiff's counsel's use of this model would convert his remarks into testimony. After an extended colloquy between the court and plaintiff's counsel, the judge offered him the choice of an expedited ... proceed with one that day. The court then dismissed plaintiff's case with prejudice. Plaintiff appealed. In the ensuing appeal, ...

docket:	a0864-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	unpublished
citation:
Document Size:	15562

342 STATE OF NEW JERSEY v. THOMAS TAYLOR -- rank: 413

... submit to a breath test in violation of N.J.S.A. 39:4-50.2, reserving the right "to appeal ... by the municipal judge as a "third offender," N.J.S.A. 39:4-50.4a, to a $1006 fine, $33 ... convictions for driving while under the influence (DWI), N.J.S.A. 39:4-50, in 1985 and 1996, but no ... qualify as prior offenses within the meaning of N.J.S.A. 39:4-50.4a. Defendant contended that State v ... whether a defendant previously convicted of refusal under N.J.S.A. 39:4-50.4a, should be sentenced as a ... second offender on a subsequent DWI conviction under N.J.S.A. 39:4-50, which provides for enhanced penalties ...

docket:	a3923-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	published
citation:	440 N.J.Super. 387 113 A.3d 1222
Document Size:	24105

343 STATE OF NEW JERSEY v. HAMEED S. BROOKS -- rank: 413

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HAMEED S. BROOKS, a/k/a MAMEED BROOKS and HADEEN BROOKS, Defendant ... of counsel and on the brief). PER CURIAM Defendant Hameed S. Brooks appeals the trial court's October 30, 2014 order rejecting his petition for post-conviction ... defendant was convicted of first-degree armed robbery, N.J.S.A. 2C:15-1, and fourth-degree resisting arrest, N.J.S.A. 2C: 29-2(a)(2). He received a fifteen ... pursuant to the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2, and a concurrent eighteen- ...

docket:	a2939-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-30
status:	unpublished
citation:
Document Size:	15708

344 STATE OF NEW JERSEY v. JACK CORDERO, JR -- rank: 410

... his third conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50. He contends he should have been ... Township of Old Bridge with DWI, reckless driving, N.J.S.A. 39:4-96, failure to produce a registration, N.J.S.A. 39:3-29, consumption of an alcoholic beverage in an automobile, N.J.S.A. 39:4-51a, and having an open container of alcoholic beverage in a motor vehicle, N.J.S.A. 39:4-51b. 1 Defendant's Alcotest reading was .21% blood alcohol content. He entered ...

docket:	a0690-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	17989

345 STATE OF NEW JERSEY v. KENNETH LARKIN -- rank: 407

... controlled dangerous substance (CDS) (heroin and/or cocaine), N.J.S.A. 2C:43-6f, of eight years imprisonment with a ... disqualifier. Defendant raises these arguments on appeal: POINT I DEFENDANT'S MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED WHERE THE EVIDENCE SEIZED WAS IN VIOLATION OF DEFENDANT'S FOURTH AMENDMENT RIGHTS. A. THE OFFICERS WERE NOT IN A ... THUS, WAS PROTECTED BY THE FOURTH AMENDMENT. POINT II DEFENDANT'S MOTION TO DISMISS THE INDICTMENT BASED ON DUE PROCESS ENTRAPMENT ... BELOW IMPOSED AN EXCESSIVE SENTENCE IN VIOLATION OF THE DEFENDANT'S DUE PROCESS RIGHTS. The State concedes, and we agree, that ... raised in Points I through IV. We therefore affirm defendant's conviction but remand for resentencing. Shortly before 7:00 ...

docket:	A2515-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-06
status:	unpublished
citation:
Document Size:	52812