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421 STATE OF NEW JERSEY v. CLIVE HINDS -- rank: 616

... murder through application of the duress mitigation doctrine, N.J.S.A. 2C:2-9(a). Defendant was also convicted of ... as inconsistent verdicts. Judge Kathleen M. Delaney determined that defendant's PCR petition was procedurally barred pursuant to Rule 3:22 ... equivalent contention on direct appeal. The judge nonetheless addressed defendant's PCR contentions on the merits. She concluded that defendant failed to establish that counsel's performance at trial was constitutionally deficient, nor did he demonstrate ... judge further held that an evidentiary hearing to address defendant's PCR contentions was not warranted because he had not established ... we affirm substantially for the reasons explained in Judge Delaney's cogent oral opinion. I. This case arises from a ...

docket:	a1635-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-30
status:	Unpublished
citation:
Document Size:	38493

422 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C and C.H -- rank: 616

... counsel; Louis W. Skinner, Designated counsel, on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant ... As A Viable Alternative To Termination. POINT IV THE COURT'S CONCLUSION THAT TERMINATION OF PARENTAL RIGHTS WILL NOT DO MORE ... custody, and control of their children. Santosky v. Kramer, 455 U.S. 745, 753 (1982); see In re Guardianship of K.H ... 103 N.J. 591, 599 (1986). At times, a parent's interest must yield to the State's obligation to protect children from harm. N.J. Div. ...

docket:	a3365-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Unpublished
citation:
Document Size:	32192

423 STATE OF NEW JERSEY v. JERMAINE McCAIN -- rank: 616

... a controlled dangerous substance ('CDS') in South Brunswick, N.J.S.A. 2C:35-10(a)(1); fourth-degree possession with intent to distribute drug paraphernalia in Edison, N.J.S.A. 2C:36-3; fourth-degree possession with intent to distribute drug paraphernalia in South Brunswick, N.J.S.A. 2C:36-3; first-degree maintaining a CDS production ... on Route 1 'and/or' a Chrysler 200, N.J.S.A. 2C:35-4; and third-degree distribution of substance represented to be CDS in Edison, N.J.S.A. 2C:35-11(a)(1). McCain was found not ... A SERIOUS UNANIMITY PROBLEM LIES AT THE CORE OF . . . MCCAIN'S A-0530-20 2 CONVICTION FOR MAINTAINING A DRUG ...

docket:	a0530-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-11
status:	Unpublished
citation:
Document Size:	50619

424 HIGHLAND PARK BOARD OF EDUCATION and PISCATAWAY TOWNSHIP BOARD OF EDUCATION v. KIMBERLY HARRINGTON -- rank: 616

... Acting Commissioner of Education and State Board of Education (Gurbir S. Grewal, Attorney General, attorney; Melissa Dutton Schaffer, Assistant Attorney General ... grade, completing growth with a maximum of 396 students with 44 students per grade.' It sought to build on the 'multicultural ... with the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (Charter School Act or ... of contiguous school districts, that region is the charter school's district of residence.' N.J.A.C. 6A:11-1 ... East Brunswick students were given preference for enrollment. N.J.S.A. 18A:36A-8(a). On May 14, 2009, the ... Brunswick) adopted a resolution recommending that the Commissioner deny Hatikvah's application. See In re Approval of Hatikvah Int'l ...

docket:	a3455-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
citation:
Document Size:	107985

425 FERRELLGAS PARTNERS, LP v. DIRECTOR, DIVISION OF TAXATION -- rank: 613

... Duffy, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... for tax years 2009 through 2011. We affirm. N.J.S.A. 54A:8-6(b)(2)(A) requires '[e]ach ... or 'any income derived from New Jersey sources.' N.J.S.A. 54A:8-6(b)(1). The return must identify ... Nations, and among the several States, and with Indian tribes.' U.S. Const. art. I, § 8, cl. 3. 'Although the Constitution ... Ass'n v. Oneida- Herkimer Solid Waste Mgmt. Auth., 550 U.S. 330, 338 (2007). This implied restraint on state ...

docket:	a3904-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-13
status:	Unpublished
citation:
Document Size:	47883

426 STATE OF NEW JERSEY v. JOSE SANTOS -- rank: 613

... Law Division, Ocean County, Indictment No. 08-01-0106. Robert S. Lane, Designated Counsel, argued the cause for appellant (Joseph E ... convicted by a jury of second-degree eluding, N.J.S.A. 2C:29-2(b), and disorderly persons shoplifting, N.J.S.A. 2C:20-11, and was sentenced as a persistent offender, N.J.S.A. 2C:44-3(a), to an aggregate term of ten-years imprisonment ... two males. As he approached, he attempted to get defendant's attention but defendant "completely ignored" him. Serrano pulled on ...

docket:	a0472-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	34967

427 STATE OF NEW JERSEY v. MARCIA M. COKE -- rank: 613

... jury charged defendant with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (Count One); second-degree aggravated assault, N.J.S.A. 2C:12-1(b) (Count Two); second-degree burglary, N.J.S.A. 2C:18-2(b)(1) (Count Three); third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (Count Four); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (Count Five); and third- ...

docket:	a1087-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-02
status:	unpublished
citation:
Document Size:	39826

428 Roman Check Cashing, Inc. v. New Jersey Department of Banking and Insurance -- rank: 613

... New Jersey Check Cashers Regulatory Act of 1993, N.J.S.A. 17:15A-30 to -52 (the Act), which precludes ... when complete in December 1997, met all of the Act's conditions and requirements except that its proposed location was only ... of judgment, which was denied. The Department then approved Roman's application, pending the outcome of the appeal before the Supreme ... further that “its outcome may affect the validity of [Roman's] license.” The Supreme Court granted amicus curiae status to the ... In cases raising substantive due process claims under New Jersey's state constitution, the same standards developed by the U.S. Supreme Court under the federal constitution are used. ( ...

docket:	a-62-99
court:	njsupreme
decided:	2001-07-18
status:
citation:	169 N.J. 105
Document Size:	31483

429 Michael J.Raspa , Jr. v. Office of the Sheriff of the County of Gloucester -- rank: 610

... claim alleging that his employer failed to accommodate the employee’s disability in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, when the employee’s permanent disability renders him unable to discharge essential functions of ... can be managed by medications or surgery. In 1999, Raspa’s then treating physician issued a doctor’s note stating that she expected that Raspa’s eye symptoms would “worsen” as a result of his ...

docket:	a-53-06
court:	njsupreme
decided:	2007-06-12
status:
citation:	191 N.J. 323
Document Size:	67736

430 OMNI ELECTROMOTIVE, INC. v. R.A. JOHNSON, INC. -- rank: 610

... June 5, 2006 - Decided August 8, 2006 Before Judges C.S. Fisher, Yannotti and C.L. Miniman. On appeal from Superior ... a separate complaint and then filed an answer to Omni's complaint, denied the allegations of the complaint, asserted affirmative defenses ... contract and negligence claims based upon alleged defaults in Continental's performance as a facilitator of product importation through Garcia into Mexico. Omni filed an answer to Johnson's counterclaim, denied its significant allegations and asserted affirmative defenses. In ... Johnson, whereupon Johnson successfully moved for the dismissal of Omni's complaint and the suppression of Omni's answer and affirmative defenses pursuant to R. 4:23- ...

docket:	A0187-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-08
status:	unpublished
citation:
Document Size:	89022

431 STATE OF NEW JERSEY v. J.F.G. -- rank: 610

... child, consisting of: two first-degree convictions under N.J.S.A. 2C:24-4a (counts 9 through 12); and one ... take into consideration the totality of the circumstances, and . . . it's important that the jury receive this background information about the ... that such evidence was being introduced "to demonstrate the defendant's motive in filming the children as alleged in the indictment ... decide the specific questions we just talked about: The defendant's motive, his intentions, his state of mind, absence of mistake ... NOT PROVIDING THE JURY WITH CRITERIA TO ASSESS WHETHER DEFENDANT'S INTENTION IN TAKING VIDEOS AND PHOTOGRAPHIC IMAGES OF THE CHILDREN HAS PRURIENT (Not raised below) VI. DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE. II. N.J.S.A. ...

docket:	a1273-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	73265

432 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.M.D. -- rank: 610

... satisfied the four-prong best- interests standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing ... this time, the Division had been involved in the mother's life since she was five years old, when a referral ... year probation and a six-month suspension of his driver's license. In May 2001, the Division received a referral from ... subsequently unsuc- cessfully attempted to contact three of the mother's maternal aunts; contacted a fourth maternal aunt, who declined to care for the mother; contacted the mother's previous caretaker, who stated it was unlikely the mother could ... parents on June 24, 2001. The whereabouts of the mother's parents were unknown at the time of the complaint. ...

docket:	a1576-09
court:	superior court appellate division
decided:	2010-08-26
status:	unpublished
citation:
Document Size:	65331

433 PETER INNES v. MADELINE MARZANO-LESNEVICH ESQ. -- rank: 610

... ESQ., and LESNEVICH & MARZANO-LESNEVICH, Attorneys At Law, i/j/s/a, Defendants-Appellants/ Third-Party Plaintiffs, v. MITCHELL A. LIEBOWITZ ... L.L.P., attorneys; Mr. O'Connor, of counsel; Lawrence S. Cutalo, on the brief). Respondent Maria A. Carrascosa has not ... The complaint stemmed from defendants' allegedly improper release of Victoria's United States passport to her mother, Maria Jose Carrascosa, during ... written permission of the other party. To that end, Victoria['s] . . . United States and Spanish passport [sic] shall be held in trust by Mitchell A. Liebowitz, Esq. Victoria['s] . . . Spanish passport has been lost and not replaced, and its ... wrote: "As you may know, I am holding her daughter's United States Passport. I would prefer if you arranged ...

docket:	a0387-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-07
status:	published
citation:	435 N.J.Super. 198 87 A.3d 775
Document Size:	159851

434 Antonio Chaparro Nieves v. Office of the Public Defender -- rank: 610

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... against public entities and employees, applies to a criminal defendant’s legal malpractice claim filed against his public defender. The Court ... pain and suffering awards, as set forth in N.J.S.A. 59:9-2(d). This case arises out of ... the damages sought because Nieves failed to vault N.J.S.A. 59:9-2(d)’s verbal threshold. The motion court concluded that the TCA and ... public defenders are public employees that come within the TCA’s immunities and defenses” and that Nieves’s claim fell ...

docket:	a-69-18
court:	NJ Supreme Court
decided:	2020-04-15
status:
citation:
Document Size:	64488

435 Auto Lenders Acceptance Corp. v. Gentilini Ford, Inc. -- rank: 610

... determine whether losses sustained as a result of an employee’s conduct are covered under an insurance policy’s employee-dishonesty provision and whether the employee’s conduct constitutes a single occurrence under the policy for determining the insurance company’s potential liability.     Gentilini Ford, Inc. (Gentilini) is an automobile dealership ... of the fraudulent submissions appeared to be alterations of Carpenter’s own pay stubs.     In July 1998, after several of the ... Casualty denied any such duty. With the exception of Gentilini’s claims against Ohio Casualty, the claims against all other ...

docket:	a-87-02
court:	njsupreme
decided:	2004-08-16
status:
citation:	181 N.J. 245
Document Size:	98300