Search Rutgers Law Library N.J. Court Opinions

196 NORTH JERSEY MEDIA GROUP INC v. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR -- rank: 601

... III, Assistant Attorney General, argued the cause for respondent (Christopher S. Porrino, Attorney General, attorney; Michael C. Walters, Assistant Attorney General, of counsel; Jeffrey S. Jacobson, Counsel to the Attorney General, on the brief). The ... records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law ... whether the Superior Court has the authority under N.J.S.A. 47:1A-11 to impose civil penalties for knowing ... of OPRA, and whether the court erred in denying plaintiff's request for relief in aid of litigants' rights under Rule ... lacked the authority to impose civil penalties under N.J.S.A. 47:1A-11, and that plaintiff was entitled ...

docket:	a3947-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	published
citation:	451 N.J.Super. 282 166 A.3d 1181
Document Size:	82822

197 PENNNATIONAL INSURANCE COMPANY v. GROUP C COMMUNICATIONS, INC -- rank: 601

... C), a New Jersey corporation, pursuant to a business owner's liability policy (primary policy) and a commercial umbrella policy (umbrella ... A-0754-15T1 fax and phone lists for Group C's promotion to both exhibitors and attendees. Group C acquired those ... Group C violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The TCPA makes it unlawful 'to use any telephone facsimile ... machine, an unsolicited advertisement,' unless certain statutory exceptions apply. 47 U.S.C. § 227(b)(1)(C). The TCPA ...

docket:	a0754-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-31
status:
citation:
Document Size:	54757

198 STATE OF NEW JERSEY v. SHAKUR CARRASQUILLO -- rank: 601

... sentenced defendant on count four, first-degree kidnapping, N.J.S.A. 2C:43-7.2. Appropriate fines and penalties were ... following claims: I. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE ITEMS SEIZED FROM THE QUEENS MOTEL ... D. Because the evidence was erroneously admitted at trial, defendant's conviction must be reversed. II. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT BECAUSE THE STATE VIOLATED THE INTERSTATE AGREEMENT ON DETAINERS. III. DEFENDANT'S CONVICTION FOR FIRST-DEGREE KIDNAPPING SHOULD BE VACATED (plain error ... on insufficient evidence; permitting it to stand would violate defendant's double jeopardy rights. B. The trial court's charges ...

docket:	a4497-06
court:	njappellate
decided:	0000-00-00
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	81520

199 State of New Jersey v. Sherron Latie Savage -- rank: 598

... parole ineligibility. Sherron went to trial. ����The facts at Sherron�s trial established that on October 7, 1997, a Newark police ... on the morning of his death, Watkins left the Terrell�s apartment and went to the home of Rashon Baskerville, where ... him to pick up Watkins. The two drove to Baskerville�s house. Terrell went into the house while Sherron waited in ... to beat him up.� Terrell then drove back to Baskerville�s house, where he had a conversation with Baskerville in which ... Watkins and Sherron. ����Thereafter, the three men returned to Terrell�s apartment building so that Terrell �could beat [Watkins] for stealing ... he gave him somewhere to stay.� According to Sherron, Terrell�s intention was to beat Watkins to teach him a ...

docket:	a-57-01
court:	njsupreme
decided:	2002-06-20
status:
citation:	172 N.J. 374
Document Size:	91109

200 ARTHURG. WHELAN v. ARMSTRONG INTERNATIONAL INC. -- rank: 598

... SUPERIOR BOILER WORKS INC.; SUR-SEAL CORP.; TACO INC.; TRANE U.S. INC., individually and as successor to American Standard Inc. and ... Gnudi Kalocsay and Michael D. Goldklang, on the brief). Marc S. Gaffrey argued the cause on May 2, 2016, and Jacob S. Grouser argued the cause on May 16, 2018, for respondent ... Controls, Inc. (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Marc S. Gaffrey, of counsel and on the brief; Anita S. Cohen, on the brief). Robert T. Connor argued the ...

docket:	a3520-13
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-06
status:	Published
citation:
Document Size:	88455

201 STATE OF NEW JERSEY v. ANTWAN MITCHELL -- rank: 594

... first-degree purposeful or knowing murder contrary to N.J.S.A. 2C:15-2 (count four); third-degree unlawful ... Sixth Amendment Right To Confront The Declarant. POINT IV - MITCHELL'S CONVICTION MUST BE REVERSED BECAUSE IT WAS BASED ON AN ... B. When Viewed Under The Totality Of The Circumstances Mitchell's Confession Was Involuntary. 1. Use Of Deceit. 2. Length And Lateness Of Interrogation. 3. Questioning Mitchell's Belief In God. 4. Mitchell's Confession Was In-voluntary Under The Totality Of The Circumstances ... To Establish Indepen-dent Proof Of The Trustworthiness Of Mitchell's Confession. POINT V - MITCHELL'S CONVICTION WAS TAINTED BY ...

docket:	A0268-04
court:	NJ Superior Court Appellate Division
decided:	2007-07-23
status:	unpublished
citation:
Document Size:	62496

202 STATE OF NEW JERSEY v. A.O -- rank: 594

... counts each of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2b, and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. These charges involved defendant's nieces, A.L. and B.L. Defendant was sentenced to ... born in November 1996. Defendant and his sister-in-law's family were neighbors and had a close relationship. B.L ... On August 29, 2004, A.L. slept over at defendant's home. The following morning, defendant dropped A.L. off at ... B.L. said she would return home early from defendant's home because she was "uncomfortable" and that she "didn' ...

docket:	a5305-06
court:	njappellate
decided:	2009-02-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	62290

203 STATE OF NEW JERSEY v. FARARHD H. GUNTER -- rank: 594

... convictions by jury for first-degree aggravated manslaughter, N.J.S.A. 2C:11- 4(a)(1) (count one);1 first-degree felony murder, N.J.S.A. 2C:11- 3(a)(3) (count two); first-degree armed robbery, N.J.S.A. 2C:15-1 (count three); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count four); second-degree possession of weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree armed robbery, N.J.S.A. 2C:15-1 (count nine); and second-degree ...

docket:	a0735-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-22
status:	unpublished
citation:
Document Size:	55043

204 STATE OF NEW JERSEY v. RAYMOND N. BOBEA -- rank: 591

... first-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... term as a second-degree offender. 2 See N.J.S.A. 2C:44-1(f)(2). Before the motion judge ... the following points for our consideration: 1 Following the State's disclosure of potential exculpatory or impeachment material under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), defendant successfully moved to reopen the ...

docket:	a2031-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-10
status:	Unpublished
citation:
Document Size:	35028

205 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 588

... to as the Public Access Rules, which substantially expanded [DEP's] authority over public access to beaches and other tidal waterways ... by, or improperly infringe upon, powers reserved to the State's municipalities. Appellants further contend that the Rules are not authorized ... by the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to 21, or any other statute ... with the Municipal Land Use Law (the MLUL), N.J.S.A. 40:55D-1 to -163. ALS similarly argues that ... to certain municipalities. Moreover, the Rules far exceed the Legislature's limited delegation of authority to DEP under CAFRA to regulate ... authorized by any other legislative enactment or by the Legislature's delegation of powers to DEP pursuant to the public ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

206 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 588

... Hill to the Planning Board and determining that Mountain Hill's third Application for Development Permit filed on October 16, 2003 ... arbitrary, capricious or unreasonable. I. The history of Mountain Hill's efforts, spanning almost a decade at the municipal and trial ... invalidating Ordinance 2001-2632, which was applicable to Mountain Hill's property, on the ground that it was not adopted by ... a judgment invalidating Ordinance 2001-2617 applicable to Mountain Hill's property on the ground that a member of the governing ... decided that the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, was not violated by ... appeals argued before us on January 22, 2008. Id. at 488. We have decided the second and third appeals concerning ...

docket:	a2404-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-10
status:	published
citation:	403 N.J. Super. 146 958 A.2d 1
Document Size:	189355

207 MICHAEL J. PRON v. CARLTON POOLS, INC. -- rank: 588

... Patrick J. Grimes and Mr. Russell, on the brief). Matthew S. Schultz argued the cause for respondent (Connell Foley, attorneys; Jeffrey ... a technical violation of the CFA. The violation was defendant's misrepresentation in its advertising not to use subcontractors in the ... implied warranties, unjust enrichment and consumer fraud arising from defendant's construction of an in-ground pool at plaintiff's residence. A bench trial was conducted on March 4, 2003 ... plaster in-ground pool. Before entering into the contract, defendant's representative made a presentation regarding the construction of the pool ... for maintenance on the pool, alerted plaintiff that the pool's plaster finish was substandard and would need to be ...

docket:	A0514-03
court:	NJ Superior Court Appellate Division
decided:	2004-11-18
status:	published
citation:	373 N.J. Super. 103 860 A.2d 973
Document Size:	27376

208 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 588

... DEFENDANT WAS DENIED A FAIR TRIAL DUE TO THE COURT'S DENIAL OF HER MOTION TO SUPPRESS THE EVIDENCE SEIZED FROM ... DEFENDANT WAS DENIED A FAIR TRIAL DUE TO THE COURT'S FAILURE TO GIVE A PROPER INSTRUCTION ON FLIGHT WHEN IT FAILED TO OFFER DEFENDANT'S EXPLANATION FOR DEPARTING THE RESIDENCE (Not Raised Below). B. THE COURT'S MISLEADING INSTRUCTIONS ON THE REQUIREMENT TO DISPROVE SELF-DEFENSE WAS ... and charged her with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3, two counts of third-degree ...

docket:	a0854-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	46438

209 State v. Eric Clemente Rangel -- rank: 588

... considers whether the words “on another” in N.J.S.A. 2C:14-2(a)(3), as used in the ... various crimes including first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), and second-degree attempted aggravated sexual assault, N.J.S.A. 2C:5-1(a)(3) and 2C:14-2(a)(3). At the conclusion of the State’s case, Rangel moved for a judgment of acquittal on the ... during an “aggravated assault on another” under N.J.S.A. 2C:14-2(a)(3). Defendant contended that the ... counts and he was sentenced. The Appellate Division reversed defendant’s aggravated-sexual-assault conviction, concluding that the phrase “ ...

docket:	A-88-11
court:	NJ Supreme Court
decided:	2013-04-29
status:
citation:
Document Size:	87860

210 Carpenter Technology Corporation v. Admiral Insurance Company -- rank: 588

... New Jersey Property Liability Insurance Guarantee Association Act, N.J.S.A . 17:30A-1 to -20 (Act), the Court determines ... as a result, the NJPLIGA and the PPCIGA, New Jersey's and Pennsylvania's insurance guaranty associations, were added as defendants. Because the Act ... off the maximum statutory claim payable by PPCIGA against NJPLIGA's liability to Carpenter on each covered claim. The trial court ... PPCIGA could tender Carpenter under Pennsylvania law. Because New Jersey's maximum statutory amount is $300,000, the trial court found that NJPLIGA's obligation to Carpenter for each covered claim was $100. ���� ...

docket:	a-76-00
court:	njsupreme
decided:	2002-06-17
status:
citation:	172 N.J. 504
Document Size:	78137