Search Rutgers Law Library N.J. Court Opinions

61 State v.Josephine Castagna, et al. -- rank: 807

... counsel an opportunity to cross-examine one of the State’s crucial witnesses concerning the reason the witness changed her statement ... to second-degree reckless manslaughter and became a key State’s witness. During the police investigation of the incident, Arias gave ... moved to use the polygraph test results to impeach Arias’s testimony. They also sought to call the polygrapher as a ... On appeal, defendants asserted reversible error in the trial court’s refusal to allow defense counsel an opportunity to cross-examine ... ineffective assistance of counsel. The Supreme Court granted the State’s petition for certification in State v. Castagna , 185 N.J ... in denying defendants the right to cross-examine the State’s witness concerning the polygraph test results, but the error ...

docket:	a-13-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	104274

62 Lewis v. American Cyanamid Company -- rank: 807

... failure to warn claim and held that the Supreme Court's intervening decision in Medtronic, Inc. V. Lohr did not alter ... properly dismissed. The Appellate Division properly reversed the trial court's entry of judgment notwithstanding the verdict. The matter must be ... proper. As a registered insecticide product, language on a fogger's label is determined by FIFRA and related regulations promulgated by ... considering Lewis' reasonably foreseeable misuse, must decide whether the fogger's design was defective regardless of the presence of warnings cautioning ... burden of proof and must prove either that the product's risks outweighed its utility or that the product could have ... design that would have reduced the flammability of the fogger's propellant. Consequently, the Appellate Division's decision to reverse ...

docket:	a-83-97
court:	njsupreme
decided:	1998-07-20
status:
citation:	155 N.J. 544
Document Size:	98207

63 TURF LAWNMOWER REPAIR, INC. V. BERGEN RECORD CORPORATION, ET AL. -- rank: 803

... allegations of deceptive business practices at Turf. Readers of Locklin's articles were informed that customers paid for more than they ... customers were charged for work that was never done. Locklin's article also described three independent tests conducted by The Record ... article about plaintiffs; defendants had slandered plaintiffs by quoting Turf's former employees who made false and malicious statements to injure ... of that standard, it was unnecessary to determine whether Turf's business involved a matter of legitimate public interest.     The Supreme ... will be imposed on an ordinary business when the media's allegations of consumer fraud, if true, would constitute a violation ... apply, regardless of the type of business involved. Here, Turf's business would trigger the negligence standard, unless the acts ...

docket:	a-27-94
court:	njsupreme
decided:	1995-03-15
status:
citation:	139 N.J. 392
Document Size:	114459

64 STATE v. BENNY HOGAN, JR. -- rank: 803

... was one of two men who broke into Elnora Daye's Jersey City house and stole her credit cards and $290 in cash. Daye's eyewitness testimony formed the foundation of the State's case. Daye claims that while in her house, she was ... drive off in a car, she wrote down the car's license plate number on a piece of paper that she ... her house talking to a friend when she saw Hogan's car across the street. Hogan was sitting in the car ... however, recognized a distinctive scar on the side of Hogan's face. After this conversation, Daye contacted police and told ...

docket:	a-83-95
court:	njsupreme
decided:	1996-05-23
status:
citation:	142 N.J. 458
Document Size:	69945

65 STATE OF NEW JERSEY v. GARFIELD SIMPSON -- rank: 803

... possession of a controlled dangerous substance (CDS) (marijuana), N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a (count three); and fourth degree possession of a prohibited weapon (stun gun), N.J.S.A. 2C:39-3h (count four). After merging counts one ... transported him to police headquarters where he produced a driver's license bearing the 18 Belle Avenue address. At trial, defendant ... Huffin, who testified that he was a member of defendant's music group and that defendant usually paid the members in ... let her into the apartment and that King was defendant's roommate. On appeal, defendant raises the following arguments: POINT ...

docket:	a5670-05
court:	njappellate
decided:	2008-06-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	118986

66 State v. Luis Garcia -- rank: 799

... burglary, and various weapons offenses. At his trial, the State’s witnesses gave the following account. On January 9, 2003, Sergeant ... Sergeant Byrnes saw a handgun on the floor by defendant’s feet. Defendant volunteered that it was his weapon. The car’s occupants were placed under arrest and transported to police headquarters ... had done everything in his power to arrange for Marquinez’s appearance and that the only question was whether the Hudson ... to the Hudson County authorities. Those authorities mistakenly told counsel’s secretary that Marquinez had been transported to Somerset County earlier ... counsel explained his powerlessness over the situation because Hudson County’s noncompliance with the transport order was not defendant’s ...

docket:	a-120-06
court:
decided:	2008-06-18
status:
citation:	195 N.J. 210
Document Size:	69320

67 STATE OF NEW JERSEY v. RODNEY J. MILES -- rank: 799

... conclude, after application of the "same evidence" test, that defendant's second prosecution was barred on grounds of double jeopardy, we ... intent to distribute on or near school property, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5(b)(12). Defendant was also charged ... possession of fifty grams or less of marijuana, N.J.S.A. 2C:35-10(a). It is undisputed that these ... possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(12), and third-degree possession ... distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7. On September 14, 2011, defendant ...

docket:	a2692-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-14
status:	unpublished
citation:	443 N.J.Super. 212 128 A.3d 700
Document Size:	56902

68 STATE OF NEW JERSEY v. ANDRE MELLS -- rank: 799

... of the record and the applicable law, we affirm defendant's convictions and sentence but remand for amendment of his judgment ... defendant with first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree unlawful possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). Defendant was charged in a ... second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). The trial court held back ... medical examiner testified concerning the manner and cause of Denmark's death, an expert testified concerning the ballistics evidence, and ...

docket:	a1035-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	66602

69 State of New Jersey v. Michael Arthur -- rank: 799

... Division affirmed the conviction and sentence. This Court denied Arthur’s petition for certification.     Arthur filed a petition for post-conviction ... other potential witnesses whom counsel did not call at Arthur’s trial. Judge Barisonek, who also was the trial judge, conducted ... a two-day evidentiary hearing in which Jackson, Arthur, Arthur’s brother, Arthur’s fiancée Crystal Ross and defense counsel all testified.     At the hearing on Arthur’s petition for post-conviction relief, Robert Jackson testified that Arthur ... first day of the trial and that he told Arthur’s lawyer that he was the one who sold drugs ...

docket:	a-71-04
court:	njsupreme
decided:	2005-07-19
status:
citation:	184 N.J. 307
Document Size:	132697

70 /usr/local/share/www/libweb/collections/courts/supreme/a_92_93_15.opn.html -- rank: 792

... seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of ... Dugan plaintiffs had failed to meet Rule 4:32-1’s requirement that common issues of fact predominate over issues that ... by the Dugan plaintiffs, he focused more narrowly on OSI’s alleged practice of increasing the prices of beverages in the course of a customer’s visit without disclosing that change. Bozzi’s individual factual allegations relate to a restaurant visit during ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	210705

71 STATE OF NEW JERSEY v. ANTOINE MCCRAY -- rank: 792

... Demitro, Deputy Attorney General, argued the cause for appellant (Gurbir S. Grewal, Attorney General, attorney; Claudia Joy Demitro, of counsel and ... by the Law Division, which dismissed charges under N.J.S.A. 2C:29-9(a) that defendants purposely or knowingly ... Criminal Justice Reform Act (CJRA or the Act), N.J.S.A. 2A:162-15 to - 26. We address both appeals ... used and bodily injury inflicted, in violation of N.J.S.A. 2C:15-1(a)(1). The State A-3745 ... CJRA. After conducting a hearing, the court denied the State's motion and entered an order dated April 27, 2017, which ... non-monetary conditions. One of the conditions was that defendant '[s]hall not commit any offense during the period of ...

docket:	a3745-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-29
status:	Published
citation:
Document Size:	68306

72 Debra Dugan v. TGI Fridays, Inc. -- rank: 792

... seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of ... Dugan plaintiffs had failed to meet Rule 4:32-1’s requirement that common issues of fact predominate over issues that ... by the Dugan plaintiffs, he focused more narrowly on OSI’s alleged practice of increasing the prices of beverages in the course of a customer’s visit without disclosing that change. Bozzi’s individual factual allegations relate to a restaurant visit during ...

docket:	a-92-15
court:	New Jersey Supreme Court
decided:	2017-10-04
status:
citation:
Document Size:	210799

73 STATE OF NEW JERSEY v. TYRONE K. RAYMOND -- rank: 792

... record and applicable law, we disagree with all of defendant's arguments and affirm. I. In the early morning hours of ... her window and saw someone drive off in her mother's Toyota Yaris bearing license plate number U97-FEK. The woman ... the car keys to both her car and her mother's Toyota, and her children's Xbox. She called the police who discovered a bike in ... week later, on October 16, 2019, Hamilton Township Police Department's Major Crimes Unit Detective Thomas Clugsten was investigating a burglary ... Clugsten observed the same Toyota Yaris pulling into the man's driveway. Detective Clugsten ran the license plate and discovered ...

docket:	a0684-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-01
status:	Unpublished
citation:
Document Size:	43767

74 DAVID RIVARD, et al. v. AMERICAN HOME PRODUCTS, INC., et al. -- rank: 785

... R. Meyer, of counsel; Mr. Yoerges, on the brief). Donald S. MacLachlan, and Stanley P. Kops, of the Pennsylvania bar, admitted ... deceased daughter; and David and his wife, Diane, as Lindsay's parents filed a complaint in State court against defendants American ... Products, Inc., as the manufacturer of Orimune, and American Home's related or subsidiary companies American Cyanamid and Lederle Laboratories. Plaintiffs ... known as SV40 from the vaccine. This allegedly caused Lindsay's brain tumor. Lindsay Rivard was born in 1992 and received ... of plaintiffs' experts confirmed that molecular tests performed on Lindsay's tumor tissue found the presence of SV40 DNA. Another of ... Court pursuant to the National Childhood Vaccine Injury Act, 42 U.S.C.A. §§ 300aa-1 to -34 ( ...

docket:	A2478-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-08
status:	published
citation:	391 N.J. Super. 129 917 A.2d 286
Document Size:	93537

75 DAVID RIVARD, et al. v. AMERICAN HOME PRODUCTS, INC., et al. -- rank: 785

... R. Meyer, of counsel; Mr. Yoerges, on the brief). Donald S. MacLachlan, and Stanley P. Kops, of the Pennsylvania bar, admitted ... deceased daughter; and David and his wife, Diane, as Lindsay's parents filed a complaint in State court against defendants American ... Products, Inc., as the manufacturer of Orimune, and American Home's related or subsidiary companies American Cyanamid and Lederle Laboratories. Plaintiffs ... known as SV40 from the vaccine. This allegedly caused Lindsay's brain tumor. Lindsay Rivard was born in 1992 and received ... of plaintiffs' experts confirmed that molecular tests performed on Lindsay's tumor tissue found the presence of SV40 DNA. Another of ... Court pursuant to the National Childhood Vaccine Injury Act, 42 U.S.C.A. §§ 300aa-1 to -34 ( ...

docket:	a4931-05
court:	njappellate
decided:	2007-03-08
status:	published
citation:	391 N.J. Super. 129
Document Size:	90478