Search Rutgers Law Library N.J. Court Opinions

181 STATE OF NEW JERSEY v. JASHAWN J. SNOWDEN -- rank: 694

... Grand Jury charged defendant with first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); third ... degree unlawful possession of a weapon (a handgun), N.J.S.A. 2C:39-5b (count two); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count three). 1 On September 19 ... J.R.E. 104(c) Miranda 2 hearing on defendant's motion seeking to suppress the statements he gave to the ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a five-year ... JENKINS AND DARRYL SAMUELS AS SUBSTANTIVE EVIDENCE OF THE DEFENDANT'S GUILT DENIED DEFENDANT A FAIR TRIAL. A. SINCE VICTOR ...

docket:	a3375-07
court:	NJ Superior Court Appellate Division
decided:	2011-05-25
status:	unpublished
citation:
Document Size:	64759

182 ROBERT MOTTRAM v. WILLIAM H. BUCKMAN ESQ -- rank: 694

... 13 (Franzblau Dratch, attorneys; Mr. Dratch, on the brief). Peter S. Bejsiuk argued the cause for respondent William H. Buckman in ... William Buckman and Joel Rachmiel. The Law Division dismissed plaintiff's complaint against defendants as a matter of law on summary judgment. The trial court also denied Rachmiel's motion seeking frivolous litigation sanctions against plaintiff pursuant to Rule 1:4-8. Plaintiff appeals the court's decision to dismiss his legal malpractice case against defendants. Rachmiel appeals the court's decision to deny his application for sanctions against plaintiff. We ... the trial courts' decisions. Because the trial courts dismissed plaintiff's complaints against defendants as a matter of law, we ...

docket:	a5982-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	47125

183 STATE OF NEW JERSEY v. LEANDRO NERYS -- rank: 694

... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7. The charges stemmed from defendant's arrest in Newark while in possession of forty-three tablets ... feet of the Wilson Avenue School. Question seventeen of defendant's plea form asked, "Do you understand that if you are ... also filed a supplemental certification asserting that, based on counsel's advice, he pled guilty to the charge even though he ... probation, and he never expected he would be deported. Defendant's appointed counsel filed a supplemental letter brief which raised the following contentions: POINT I : PETITIONER'S PETITION FOR POST-CONVICTION RELIEF SHOULD NOT BE TIME ...

docket:	a5843-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	25583

184 YOUNG V. SCHERING CORPORATION -- rank: 687

... November 1986, Dr. Young was promoted to Director of Schering's Worldwide Clinical Research and Technical Services. In January 1988, Dr. Edwin S. Brokken became Dr. Young's immediate supervisor.     Dr. Young complained to Dr. Brokken that Schering ... in food for animals. Dr. Young disagreed with Dr. Brokken's decision to concentrate research on Florfenicol rather than Netobimin and Flunixin because he believed research on Florfenicol violated Schering's policies and federal regulations. Dr. Young's employment was terminated in August 1988. The parties do ...

docket:	a-113-94
court:	njsupreme
decided:	1995-07-11
status:
citation:	141 N.J. 16
Document Size:	52948

185 STATE OF NEW JERSEY v. DINO ACCARIA -- rank: 687

... third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (Count One); second-degree ... a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (Count Two); and second ... distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Three). Pursuant to a ... a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(b)(2), and second-degree conspiracy ... distribute within 500 feet of a public park, N.J.S.A. 2C:5-2 and N.J.S.A. ...

docket:	a2966-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	34726

186 Mary Kibble v. Weeks Dredging & Construction Co -- rank: 687

... his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the ... claim for dependency benefits in the event of the worker's death.     Carl Kibble was employed by Weeks Dredging & Construction Company ... Kibble was exposed to several welding fumes.     In 1977, Kibble's chest x-ray revealed that he was suffering from pneumonoconiosis ... family physician with pulmonary fibrosis. The physician concluded that Kibble's condition was caused by his exposure to the welding fumes and that he was totally disabled with “welder's lung.” He advised Kibble that he should not work as ... in connection with his claim concurred with the family physician's conclusions and further found that because of his exposure ...

docket:	a-38-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 178
Document Size:	103217

187 STATE OF NEW JERSEY V. AZEM CUNI -- rank: 687

... aggravated sexual assault on T.O., contrary to N.J.S.A. 2C:18-3 (count five). At sentencing, the judge ... 150 was imposed. Defendant appeals. He contends:      I.      THE DEFENDANT'S RIGHTS OF CROSS-EXAMINATION AND CONFRONTATION AND HIS RIGHTS TO ... EFFECTIVE COUNSEL AND WAS CLEARLY PREJUDICED BY HIS TRIAL COUNSEL'S FAILURE TO COMPLY WITH THE RAPE SHIELD LAW AND BY ... GUILTY OF FORCIBLE RAPE. (Not Raised Below).      III.    THE COURT'S INCORRECT EXPLANATION OF THE ELEMENT OF MENTAL DEFECTIVENESS ALONG WITH THE COURT'S VOIR DIRE QUESTIONS AND THE PROSECUTOR'S OPENING ALLOWED THE JURY TO CONVICT DEFENDANT UNDER A ...

docket:	a3467-94
court:	njappellate
decided:	1997-07-18
status:	published
citation:	303 N.J.Super. 584
Document Size:	47182

188 MARY CLOHESY VS FOOD CIRCUS SUPERMARKETS, INC., ET AL -- rank: 684

... of Red Bank (Foodtown) dismissing her complaint that alleged Foodtown's negligent failure to provide adequate security in its parking lot ... Food Circus prior to the abduction of Mrs. Dalton.     Plaintiff's expert, William A. Torphy, provided a report evaluating security at ... criminal conduct could reasonably be anticipated." He concluded that Foodtown's poor design and lack of security deviated from industry standards and contributed to Mrs. Dalton's death.     Police reports contained in the record indicate that sixty ... for summary judgment. After hearing argument, the judge granted Foodtown's motion on April 13, 1995, citing plaintiff's failure to allege prior similar incidents necessary to establish ...

docket:	a5517-94
court:	njappellate
decided:	1996-08-09
status:	published
citation:	293 N.J.Super. 217
Document Size:	71367

189 STATE OF NEW JERSEY v. VINCENT HAWKINS -- rank: 684

... his trial counsel was ineffective for not using the victim's testimony that he was an illegal immigrant in cross-examining ... When his shirt came off, he was freed from Santiago's grip and ran. When the dispatch went out regarding the ... site nearby almost immediately observed a man who matched defendant's description running toward them. Among others, Patrolman Deena Glover-Bertolini ... in front of defendant, who upon seeing her, said "Oh, s--t," and ran the other way. Lieutenant Ott also pulled ... a pocket knife, a screwdriver, and some socks in defendant's pockets. Patrolman John Sloboda observed fresh pry marks on Santiago's door, the door latch and the knob. There were ...

docket:	a1093-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-14
status:	unpublished
citation:
Document Size:	36294

190 Richard Shelcusky v. Al Garjulio et als. -- rank: 680

... that there were explosive and flammable materials on R&C’s premises, he did not know that he was loading rejected ... warning, he would have followed it.     According to R&C’s Human Resources Manager, there were three types of forklifts used ... that the rejected, damaged, and leaking cans were flammable.     Shelcusky’s expert prepared a report stating that the Type-E forklift ... fire hazard. In addition, the Occupational Safety and Health Administration’s investigative report citing R&C with several violations, concluded that ... genuine issue of material fact in dispute demonstrating that Crown’s failure to warn was the proximate cause of Shelcusky’s injuries. The trial court agreed, finding that Shelcusky had ...

docket:	a-52-01
court:	njsupreme
decided:	2002-05-22
status:
citation:	172 N.J. 185
Document Size:	76501

191 STATE OF NEW JERSEY v. SOLOMON R. WILBORN -- rank: 680

... judgment of conviction entered January 28, 2014. Having considered defendant's contentions in light of the record and applicable law, we ... Dustin Wilborn (Dustin) with: first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count one); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree ...

docket:	a4317-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	77509

192 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 680

... requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his judgment ... parties' arguments, and the guiding legal principles, we affirm defendant's convictions and sentence, and remand for the limited purpose of ... December 21, 2007 incident at the second-floor apartment defendant's former girlfriend, D.P., shared with her mother, X.D.; brother, O.P.; and another tenant, J.P.S. 1 On May 13, 2008, a grand jury returned an ... with the following seven offenses: second-degree burglary, N.J.S.A. 2C:18-2; third-degree 1 We employ initials ... assault with a deadly weapon of D.P., N.J.S.A. 2C:12-1(b)(2); third-degree aggravated ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

193 STATE OF NEW JERSEY v. SCOTT CAIN -- rank: 680

... appellant (Alan I. Smith, Designated Counsel, on the brief). Gurbir S. Grewal, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein ... possession of drug paraphernalia with intent to distribute, N.J.S.A. 2C:36-3, 1 having distributed a package containing ... degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(2). The State requested an ... term of imprisonment. Defendant was sentenced pursuant to N.J.S.A. 2C:43-6(f) to an extended term of ... for the 2005 conviction. 3 The PCR court denied defendant's petition on May 18, 2015, finding trial counsel had ...

docket:	a5393-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	28808

194 State v. Nathan Cotto -- rank: 680

... the trial court incorrectly instructed the jury on the State’s burden on the issue of identification; that the trial court ... to get into a neighboring apartment through a window. Tina’s sister, Tiffany Mutcherson, lived in that apartment and was babysitting Tina’s two children at the time. When Tina went next door ... a black ski mask. After he pushed Tina into Tiffany’s apartment, the first man, wearing a black ski mask and ... handgun. The two assailants directed Tiffany, Tina, and Shanequa, Tina’s daughter, into Tiffany’s bedroom where Tina’s son, Allen, was sleeping. The ...

docket:	a-56-03
court:	njsupreme
decided:	2005-02-01
status:
citation:	182 N.J. 316
Document Size:	57088

195 /usr/local/share/www/libweb/collections/courts/appellate/a2328-19.opn.html -- rank: 680

... charging him with third-degree theft by deception, N.J.S.A. 2C:20-4 (count one); third-degree receiving stolen property, N.J.S.A. 2C:20-7(a) (count two); and third-degree forgery of motor vehicle title, N.J.S.A. 2C:21-4.8(b)(3) (count three). A ... period of parole ineligibility on count two, based on defendant's eligibility for an extended term as a persistent offender under N.J.S.A. 2C:44-3(a). The judge merged count three ... was 'Travis Allen Hunter.' Hunter texted Danny the Acura MDX's identification number (VIN) so Danny could conduct additional research ...

docket:
court:
decided:
status:
citation:
Document Size:	47431