Search Rutgers Law Library N.J. Court Opinions

511 STATE OF NEW JERSEY v. KEVIN C. RAHILLY -- rank: 584

... 04-0468, charging defendant with first-degree robbery, N.J.S.A. 2C:15-1(a)(2), and related charges. 1 ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. Because his attorney did not ... for his children and his positive presence in his son's life. The PCR judge determined without a hearing that it was not significant whether defendant's counsel had misinformed defendant about the existence of a store ... mitigating factors must highly outweigh the aggravating factors and that's what I told [defendant]. That's what I believe the law is. He elaborated: Mr. ...

docket:	a1645-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	28976

512 ERIC D. SIMONS v. RON LEWIS -- rank: 584

... STATES . A. The Standard of Review. B. The lower court's limited findings of fact and related conclusions of law do ... OF THE COURT BELOW THAT THE ESTABLISHMENT CLAUSE BARS PLAINTIFF'S COMPLAINT IS REVERSIBLE ERROR FOR THE REASON THAT DEFENDANTS' PURPORTED ... FOR INVOKING THE FIRST AMENDMENT AS A SHIELD AGAINST PLAINTIFF'S CAUSE OF ACTION -- ALL OF WHICH ARE SUBJECT TO ADJUDICATION ... SECULAR, NEUTRAL PRINCIPLES. POINT III CONTRARY TO THE LOWER COURT'S CONCLUSION, EQUITY DOES NOT BAR PLAINTIFF'S CLAIM THAT THE PURPORTED CORPORATE ACTS OF DEFENDANTS WERE NULLITIES ... 4:6-2(e) motion, we review the trial court's order de novo, using the same standard as the ...

docket:	a4600-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-02
status:	unpublished
citation:
Document Size:	51184

513 STATE OF NEW JERSEY v. TIMOTHY GLENN WATTS -- rank: 581

... counts as follows: (1) first-degree armed robbery, N.J.S.A. 2C:15-1; (2) second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; (3) third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b; (4) fourth-degree possession of hollow-nosed bullets, N.J.S.A. 2C:39-3f; (5) third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1); and (6) third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3). Caldwell ...

docket:	a0552-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-04
status:	unpublished
citation:
Document Size:	65501

514 STATE OF NEW JERSEY v. GEORGE CALDWELL -- rank: 581

... counts as follows: (1) first-degree armed robbery, N.J.S.A. 2C:15-1; (2) second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; (3) third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b; (4) fourth-degree possession of hollow-nosed bullets, N.J.S.A. 2C:39-3f; (5) third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1); and (6) third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3). Caldwell ...

docket:	a4331-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-04
status:	Published
citation:
Document Size:	62994

515 STATE OF NEW JERSEY v. ALFONSO NEWBILL -- rank: 581

... count indictment with third-degree possession of heroin, N.J.S.A. 2C:35-10a(1)(count one); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1)(count two); and, third and fourth-degree resisting arrest, N.J.S.A. 2C:29-2a(3)and 2C:29-2a (counts ... subsequently seized by the police. We conclude that the defendant's detention was unlawful but the subsequent seizure was sufficiently attenuated ... admission of the drugs. I. At a hearing on defendant's motion to suppress, New Jersey State Police Detective William Barry ... as to his attempt to stop defendant: Q: And it's your testimony that you called Mr. Newbill over to ...

docket:	a0841-10
court:	New Jersey Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	41232

516 STATE OF NEW JERSEY v. DANTE C. ALLEN -- rank: 578

... Allen was convicted of first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and third-degree unlawful possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1). The jury acquitted defendant ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), and fourth-degree possession of ... a prohibited weapon or device, hollow-nose bullets, N.J.S.A. 2C:39-3(f). Prior to trial, the State ... a fifth count, third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). On July 19, 2019, ...

docket:	a0060-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-24
status:	Unpublished
citation:
Document Size:	26602

517 STATE OF NEW JERSEY v. JORGE ROQUE -- rank: 578

... unlawful possession of a firearm without a permit, N.J.S.A. 2C:39-5(b), and in Count Two with ... of a weapon by certain previously-convicted persons, N.J.S.A. 2C:39-7(b)(1), based on a prior ... conviction. On February 16, 2012, the trial court denied defendant's motion to suppress evidence. Pursuant to a plea agreement, defendant ... THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING THE DEFENDANT'S MOTION TO SUP[P]RESS EVIDENCE BECAUSE THE FACTS OF ... THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING THE DEFENDANT'S MOTION TO SUP[P]RESS EVIDENCE BECAUSE THE FACTS OF ... THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING THE DEFENDANT'S MOTION TO SUP[P]RESS EVIDENCE BECAUSE LAW ENFORCEMENT ...

docket:	a5903-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	unpublished
citation:
Document Size:	43245

518 I/M/O GRANT OF RENEWAL APPLICATION RED BANK CHARTER SCHOOL, MONMOUTH COUNTY. -- rank: 578

... Del Deo,     Dolan, Griffinger & Vecchione, attorneys;     Mr. Gallagher and Lawrence S. Lustberg,     on the brief).     Greenberg Traurig, attorneys for Amicus     Curiae ... School, arguing, along with several other arguments, that the school's operation had worsened the racial/ethnic imbalance in the district ... encourage and facilitate the development of charter schools," N.J.S.A. 18A:36A-2, with our strong "policy against racial ... Jenkins v. Tp. of Morris Sch. Dist. , 58 N.J. 483 , 495 (1971), and affirm the charter renewal, but remand to ... and other practices by the Charter School exacerbate the district's racial/ethnic imbalance.                     I. After setting forth the facts and ... Bank Board advanced in seeking reversal of the Charter School's renewal and expansion. We begin with the pertinent facts ...

docket:	a5811-01
court:	njappellate
decided:	2004-03-17
status:	published
citation:	367 N.J. Super. 462
Document Size:	47843

519 NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES v. MARIE C. MOISE - -- rank: 578

... suffering from dementia and urosepsis. With her in R.J.'s room at the time were Maureen Morrison, a licensed practical ... to her treatment chart in the doorway of R.J.'s room. In the meantime, while Moise was assisting R.J ... being combative" with staff. Apparently becoming frustrated with R.J.'s outbursts, Moise was seen by Cho snapping the footrest down on the wheelchair, grazing R.J.'s leg in the process. As Cho assisted with the other footrest and inspected R.J.'s feet for any cuts, she observed Moise forcefully put R.J.'s feet on the footrest and then, as R.J. ...

docket:	a6248-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-26
status:	unpublished
citation:
Document Size:	32291

520 IN RE AGRICULTURAL, AQUACULTURAL and HORTICULTURAL WATER USAGE CERTIFICATION RULES, N.J.A.C 7:20A-1.1 ET SEQ -- rank: 578

... enforce the Water Supply Management Act (Water Act), N.J.S.A. 58:1A-1 to -17. For the reasons set ... water supplies to accommodate present and future needs[.] [ N.J.S.A. 58:1A-2.] The Water Act gives DEP broad responsibility to manage the State's water resources "to ensure an adequate supply and quality of ... natural environment of the waterways of the State." N.J.S.A. 58:1A-2. It directs DEP to adopt "a ... enforcement program, a program to study and manage the State's water resources and plan for emergencies and future water needs ... State during water supply and water quality emergencies." N.J.S.A. 58:1A-2. Specifically, the Water Act gives ...

docket:	a3283-06
court:	superior court appellate division
decided:	2009-10-21
status:	published
citation:	410 N.J.Super. 209 981 A.2d 99
Document Size:	96000

521 IN THE MATTER OF THE NOVEMBER 2, 2010 GENERAL ELECTION FOR THE OFFICE OF MAYOR IN THE BOROUGH OF SOUTH AMBOY -- rank: 578

... The opinion of the court was delivered by KENNEDY, J.S.C. (temporarily assigned) Candidate Mary O'Connor (O'Connor), who ... the winning mayoral candidate, cross-appeals challenging the trial court's order disallowing the vote of Carol McGloan (McGloan). We affirm ... filed a petition for election contest pursuant to N.J.S.A. 19:29-1, asserting that the votes of three ... were impermissibly denied the right to vote. Henry demanded relief "[s]hould the petition for an election contest by petitioner Mary ... to vote in the election and in allowing Grace Hoffman's vote to be counted. O'Connor also claims that the ... the Middlesex County Clerk. Henry cross-appeals from the court's determination to disallow the vote of Carol McGloan. We ...

docket:	a2499-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	published
citation:	423 N.J. Super. 190 31 A.3d 945
Document Size:	58165

522 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. J.F. -- rank: 575

... JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. S.M., Defendant-Appellant, IN THE MATTER OF THE GUARDIANSHIP OF ... Carleen M. Steward, Designated Counsel, argued the cause for appellant S.M. in A-6314-07T4 (Yvonne Smith Segars, Public Defender ... Devlin, on the brief). PER CURIAM In these consolidated matters, S.M. is the mother and J.F. is the father ... the parents and the child continued pending appeal. On appeal, S.M. raises the following points for our consideration: POINT I ... CONVINCING EVIDENCE EACH OF THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1, AND, THEREFORE, [S.M.'S] PARENTAL RIGHTS TO HER DAUGHTER, [J.T. ...

docket:	a6314-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	Published
citation:
Document Size:	69364

523 Balsamides v. Protameen Chemicals -- rank: 575

... soured after both brought two sons into the business. Balsamides's sons started in sales and were paid very well. Perle's sons started in administrative and office management positions, his area ... believed his sons should receive the same compensation as Balsamides's sons. Eventually, Perle's sons were moved into sales. Nonetheless, the parties' relationship continued ... sought relief as an oppressed minority shareholder under N.J.S.A. 14A:12-7. He filed a verified complaint and ... both Balsamides and Perle. After a physical confrontation on Protameen's premises between two employees who had taken opposite sides ...

docket:	a-27-98
court:	njsupreme
decided:	1999-07-14
status:
citation:	160 N.J. 352
Document Size:	74247

524 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.R. -- rank: 575

... JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. S.M.R., Defendant-Appellant. ______________________________________ IN THE MATTER OF THE GUARDIANSHIP ... 13, 2014 guardianship judgment terminating the parental rights of defendant S.M.R. to her three children, now ages fourteen (Kara), nine (Kate), and six (Kyle). 1 The children's respective fathers previously surrendered their parental rights, allowing the Division ... the Division) to proceed with securing their adoption. 2 Defendant's oldest child, now seventeen (Kurt), was also removed from her ... record after consideration of the arguments advanced, we reject defendant's arguments. We conclude the Family Part judge correctly determined the ... children. The Law Guardian presented expert testimony directed to Kara's needs and defendant's parenting, as Kara is a ...

docket:	a5097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	76803

525 CITY OF LONG BRANCH v. MARY MILANO -- rank: 575

... GREGORY P. BROWER, 2 ANTONE and ANNE DE FARIA, MARCELLO S. and ELAINA G. GRUBERG, ALEXANDER FREIDMAN, LEE HOAGLAND and DENISE ... appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that ... erred by (1) finding substantial evidence to support the City's findings that the area was in need of redevelopment, (2 ... failing to find that conflicts of interest invalidated the City's findings, (5) failing to dismiss the condemnation complaints because the ... trial court decided these cases prior to the Supreme Court's decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro ... of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view ...

docket:	a0198-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	158227