Search Rutgers Law Library N.J. Court Opinions

166 CINDY JOHNSON v. FRANK MCCLELLAN, ESQ., -- rank: 684

... Johnson, in her capacity as administrator of her late husband's estate, brought a civil action against defendant Frank McClellan, under N.J.S.A. 2C:21-22a, for damages resulting from defendant's alleged unauthorized practice of law regarding his involvement in plaintiff's prior medical malpractice suit. Plaintiff also sought disgorgement of a ... Amended Order for Final Judgment, awarding plaintiff a total of $308,181.68, with $52,145.42 representing the '[r]eturn of [i]mproper [r]eferral [f]ee [s]um [o]rdered disgorged,' and $256,036.26 representing ...

docket:	a2683-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Published
citation:
Document Size:	71208

167 STATE OF NEW JERSEY v. KASHIF K. PATTERSON -- rank: 684

... The opinion of the court was delivered by LEONE, J.S.C. (temporarily assigned). Defendant Kashif K. Patterson appeals from his ... claims of prosecutorial misconduct. However, we hold that N.J.S.A. 2C:43-6(f) cannot be used to impose ... 500 feet of a public housing facility under N.J.S.A. 2C:35-7.1. Thus, we remand for the vacating of defendant's sentences and resentencing. I. On September 3, 2009, law enforcement ... and a digital scale. Detective Patrick Vengenock found in defendant's pocket $1,175 in cash, including thirty-seven $20 bills ... 10 bills. Roane had $192 in his pockets. In Cooke's pockets, police found one vial of marijuana and one $ ...

docket:	a2055-10
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	published
citation:	435 N.J.Super. 498 89 A.3d 616
Document Size:	56310

168 STATE OF NEW JERSEY v. KAZMECK HOLLINGSWORTH -- rank: 684

... manifestly excessive. We affirm. I. The evidence relevant to defendant's arguments can be summarized as follows. The victim, R.D ... He later made a full recovery. D.M., the victim's aunt, lived on the second floor of one of the ... and M.H. In statements to the police, D.M.'s daughter, Da.M., and M.M., a friend of the ... was shot. They also both reported that M.H., defendant's cousin and the father of Da.M.'s child, was also present at the time of the shooting ... identify defendant in the court room: Q. Okay. So let's start with [defendant], do you see him sitting here ...

docket:	a0772-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	69322

169 STATE OF NEW JERSEY v. SOLOMON R. WILBORN -- rank: 684

... 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

170 STATE OF NEW JERSEY v. ROBERT BELL, -- rank: 684

... Deputy Public Defender, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Sarah D. Brigham, Deputy ... were at a party at a house in Franklinville. Defendant's girlfriend, Dorothea Withers, who is also the victim's sister, was present. Other members of the victim's family were also party guests: Denise Battle and Joann Rankin ... the time, the victim and Brooke were sitting in Brooke's car. After a stick or bat broke the car window ... time she heard other guests at the party say, 'he's about to shoot.' The gun was not fully visible ...

docket:	a5389-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
status:
citation:
Document Size:	73499

171 STATE OF NEW JERSEY v. LAMAR RANDLEMAN -- rank: 684

... 0787. Adam W. Toraya argued the cause for appellant. Milton S. Leibowitz, Assistant Prosecutor, argued the cause for respondent (William A. Daniel, Union County Prosecutor, attorney; Milton S. Leibowitz, on the brief). Appellant filed a pro se supplemental ... erred by: excluding certain evidence prior to trial; rejecting defendant's recommended supplemental voir dire question on racial bias; improperly giving ... car with any certainty. A-5378-16 2 Ms. Fitzpatrick's neighbor, David Reich, heard screaming and the dog barking, causing ... car and headed towards Route 22, looking for Ms. Fitzpatrick's car. Eventually he saw a person who looked like defendant driving Ms. Fitzpatrick's car at a high rate of speed, and he ...

docket:	a5378-16
court:	NJ Superior Court Appellate Division
decided:	2021-12-30
status:	Unpublished
citation:
Document Size:	36885

172 STATE OF NEW JERSEY v. HAASHIM JOHNSON -- rank: 681

... was convicted of second degree eluding, contrary to N.J.S.A. 2C:39-4.1. At sentencing, the fourth degree ... nineteen-year term. The appropriate fees, assessments, penalties and driver's license suspension were also imposed. While on duty on the ... for approximately twenty minutes, Frampton observed a person matching Johnson's description enter the driver's seat of the vehicle and drive away. With Sergeant Strang ... his vehicle, he noticed that the reverse lights of defendant's car were illuminated and the car was approaching him in ... arrested without incident. $875 in cash was found on defendant's person. On inspection of defendant's damaged car, the ...

docket:	A0267-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-10
status:	unpublished
citation:
Document Size:	54365

173 FREDERICK J. NAHAS, M.D. v. SHORE MEMORIAL HOSPITAL -- rank: 681

... and Ms. Bittner, of counsel and on the brief). Natalie S. Watson argued the cause for respondent (McCarter & English, LLP, attorneys ... favor of defendant Shore Memorial Hospital (SMH) and dismissing plaintiff's complaint against SMH with prejudice. Plaintiff challenges Judge Batten's conclusion that SMH was immune from liability under state and ... affirm substantially for the reasons set forth in Judge Batten's cogent and comprehensive written decision. Plaintiff has been licensed to ... year term of probation. In April 2003, SMH suspended plaintiff's medical staff membership and clinical privileges for a period of ... the New Jersey State Board of Medical Examiners suspended plaintiff's license to practice medicine for a period of nine ...

docket:	a4638-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-07
status:	unpublished
citation:
Document Size:	37714

174 THERESA THOMAS v. COUNTY OF CAMDEN, et al. -- rank: 677

... under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. We are asked to ... calls consisting of obscene material. When plaintiff complained of Howard's conduct to her superior officers at the Hammonton Police Department ... 3d Cir. 2003). On remand, the district court dismissed plaintiff's complaint pursuant to 28 U.S.C. § 1367(d). This sexual harassment action in the Law Division followed dismissal of plaintiff's federal lawsuit. On the Camden defendants' motion for summary ...

docket:	A0037-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-21
status:	published
citation:
Document Size:	72154

175 STATE OF NEW JERSEY v. HERBERT BEHLIN -- rank: 677

... appeals from an order entered June 16, 2006, denying defendant's petition for post-conviction relief (PCR). We affirm. The following ... on appeal. Based on the testimony presented by the State's witnesses at trial, at approximately 10:45 p.m. on ... aggravated assault by pointing a firearm, contrary to N.J.S.A. 2C:15-1 (count four); and third-degree resisting arrest, contrary to N.J.S.A. 2C:15-1. The plea was accompanied by a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The other counts in the ... In January 2002, defendant filed a notice of appeal. Defendant's appeal was placed on the sentencing appeal calendar, and ...

docket:	a6443-05
court:	njappellate
decided:	2008-02-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47919

176 STATE OF NEW JERSEY v. LAMAR HUNT -- rank: 677

... 2017 judgment of conviction for first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), and two second-degree weapons possession offenses, N.J.S.A. 2C:39-5(b) and 4(a), following a ... I. THE TRIAL COURT ERRED IN FAILING TO SUPPRESS DEFENDANT'S STATEMENT. (Raised Below) POINT II. THE TRIAL COURT FAILED TO ... Denying Defendant a Fair Trial. POINT III. THE TRIAL COURT'S INSUFFICIENT AND IMPROPER INSTRUCTIONS AND JURY CHARGES DENIED DEFENDANT A ... as it startled defendant. Defendant drove away with H.H.'s purse and cell phone. Union Police found H.H., naked ... N.J. 1 (1990) hearing, the judge played H.H.'s videotaped statement to the jury. A-1135-17T4 3 ...

docket:	a1135-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	42737

177 /usr/local/share/www/libweb/collections/courts/appellate/a3545-19.opn.html -- rank: 674

... affected by the riparian zone restrictions. As customers of RTMUA's wastewater treatment facility, they are affected by the expansion restrictions ... placed upon that facility. Collectively, appellants contend that the DEP's adoption of the amendments, specifically its amendment of N.J ... flawed and violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. Also, RTMUA contends that ... ecological significance and exceptional fisheries resource .' 51 N.J.R. 308(a) (proposed Mar. 4, 2019). On April 8, 2019, the ... of appeal challenging the rule adoption. We granted the DEP's motion to consolidate the appeals. We granted motions by the ... App. Div. 2011) (first alteration in original) (quoting N.J.S.A. 13:1D-9). To understand the significance of ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	157393

178 Investors Bank v. Javier Torres -- rank: 674

... is .) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... lost note.” The Appellate Division affirmed, interpreting N.J.S.A. 12A:3-309 and invoking the equitable doctrine of ... 1 HELD: Relying on two statutes addressing assignments, N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment ... Note to enforce the Note. The Court construes N.J.S.A. 12A:3-309 to address the rights of CitiMortgage ... Investors’ position from asserting its rights according to the Note’s terms. Read together, those three statutes clearly authorized the ...

docket:	a-55-18
court:	NJ Supreme Court
decided:	2020-07-01
status:
citation:
Document Size:	74158

179 STATE OF NEW JERSEY v. ROBERT B. WIGGINS -- rank: 674

... of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1), and two disorderly persons ... period of parole ineligibility. Defendant appeals from the trial court's denial of his motions: to suppress the evidence, a handgun ... on possession and his sentence is excessive. Unpersuaded by defendant's arguments, we affirm. I. Following defendant's arrest after a motor vehicle stop resulting in the seizure ... for second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); fourth-degree unlawful ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

180 In re Subpoena Duces Tecum on Custodian of Records -- rank: 674

... found at 214 N.J. 147 or 68 A.3d 308. SYLLABUS (This syllabus is not part of the opinion of ... appeal, the Court considers whether the State can obtain defendant’s Uniform Defendant Intake Report (UDIR) pursuant to a trial subpoena ... was collected by court staff on a UDIR form. Defendant’s application was granted. Because the State’s investigation suggested that defendant owned substantial assets, it issued a trial subpoena to the Morris County Superior Court’s custodian of records demanding the production of financial data provided to court staff, including defendant’s UDIR form. Although it used a trial subpoena, the ...

docket:	A-25-11
court:	NJ Supreme Court
decided:	2013-05-14
status:
citation:	214 N.J. 147 68 A.3d 308
Document Size:	96700