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31 Abbott v. Burke -- rank: 767

... remedial monies are spent effectively and in furtherance of CEIFA's content standards. In respect of the act's failure to address plaintiffs' unique educational disadvantages, the case is ... 2.    The core curriculum content standards adequately discharge the Legislature's duty to define the content of a constitutional thorough and ... T & E amount, the CEIFA approach is constitutionally insufficient. CEIFA's premise that wealthy districts' spending in excess of the T ... the State never conducted the study required by the Court's prior orders to determine the actual needs of children in ... are necessarily arbitrary and therefore fail to satisfy the Court's orders. (pp. 42-49) 8.    The State's constitutional ...

docket:	m-622-96
court:	njsupreme
decided:	1997-05-14
status:
citation:	119 N.J. 287
Document Size:	200674

32 State v. Kirby Lenihan -- rank: 760

... Court. The issue in this appeal is whether N.J.S.A. 39:3-76.2f, the Mandatory Seat Belt Usage ... or a predicate offense within the meaning of N.J.S.A. 2C:40-18b. On Friday, August 10, 2007, just ... a carpet deodorizer, which contain difluoroethane, were discovered in defendant’s car during the police investigation of the accident. The carpet ... defendant in count one with a violation of N.J.S.A. 2C:40-18a, a second-degree offense, based on ... also charged defendant with second-degree vehicular homicide, N.J.S.A. 2C:11-5a (count two); and first-degree vehicular homicide within 1000 feet of school property, N.J.S.A. 2C:11-5b(3) (count three). The latter ...

docket:	A-45-12
court:	NJ Supreme Court
decided:	2014-09-18
status:
citation:	219 N.J. 251 98 A.3d 533
Document Size:	81798

33 STATE OF NEW JERSEY v. R.S. -- rank: 749

... 06T41928-06T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.S., Defendant-Appellant. ________________________________________________________________ Argued April 9, 2008 - Decided Before Judges Cuff ... AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL BY TRIAL COUNSEL'S FAILURE TO DO ANY MEANINGFUL INVESTIGATION OF THE CASE. A ... COUNSEL WAS INEFFECTIVE IN FAILING TO OBJECT TO THE COURT'S SUPPLEMENTAL JURY INSTRUCTION, WHICH ALLOWED THE JURORS TO FIND SEXUAL ... find sexual penetration by rubbing the penis against the victim's thigh. B. Counsel were ineffective in failing to object to ... COUNSEL WAS INEFFECTIVE IN FAILING TO OBJECT TO THE COURT'S INSTRUCTION ON RULE 404(b), WHICH COMPLETELY FAILED TO TELL ... OBTAIN THE PRIOR TRIAL TESTIMONY OF [J.Q.] AND [D.S.], INCLUDING TESTIMONY IN WHICH [J.Q.] SPECIFICALLY DENIED THAT ...

docket:	A1928-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-20
status:	unpublished
citation:
Document Size:	127859

34 STATE OF NEW JERSEY v. ELLICK D. WRIGHT, JR -- rank: 749

... appellant (Seon Jeong Lee, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Jane C. Schuster, Deputy ... period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c). Defendant now appeals from his ... was arrested. For the reasons that follow, we reject defendant's contentions and affirm. I. We summarize the facts as developed ... from Philadelphia and was in the area visiting his child's mother. He voluntarily provided the officer with his Pennsylvania-issued ... warrants. The officer verified this information and held onto defendant's identification. During the encounter, defendant 'kept reaching into his waistband ... Yorio 'felt a bulge' in the front waistband, lifted defendant's sweatshirt, and 'saw a handgun.' When Yorio went to ...

docket:	a4988-16
court:	NJ Superior Court Appellate Division
decided:	2019-11-04
status:	Unpublished
citation:
Document Size:	45459

35 Accutane Litigation -- rank: 749

... two issues. The first is what law governs whether Roche’s label warnings were adequate -- the law of each of the ... label warnings for the period after April 2002. Because Roche’s warnings received the approval of the FDA, they enjoy a “rebuttable presumption” of adequacy under New Jersey’s Products Liability Act (PLA). See N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater ... their pharmacies. The FDA reviewed and approved each of Roche’s warning tools. 1 Plaintiffs focus on excerpts from several internal ... took Accutane in 44 other jurisdictions. The court granted Roche’s motion for summary judgment, determining that plaintiffs failed to ...

docket:	a-26-27-17
court:	NJ Supreme Court
decided:	2018-10-03
status:
citation:
Document Size:	138984

36 R.R v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 746

... Melissa H. Raksa, Deputy Attorney General, of counsel and Keith S. Massey, Jr., Deputy Attorney General, on the brief). The opinion ... D. R.R., who was civilly committed to the State's Special Treatment Unit (STU) as a sexually violent predator, as defined by N.J.S.A. 30:4-27.26, following service of the maximum ... LAWFUL SPOUSE. POINT II APPELLANT ARGUES THAT A STATE AGENCY'S RELIANCE ON A CIVIL STATUTE TO DISENFRANCHISE HIM FROM HIS ... FREEDOM FROM GOVERNMENT INTRUSION. Following our review of R.R.'s arguments in light of the record in the matter and ... while he was awaiting a final adjudication on the State's commitment petition, he filed a marriage application with the ...

docket:	a0508-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-12
status:	published
citation:	404 N.J.Super. 468 962 A.2d 563
Document Size:	76044

37 STATE OF NEW JERSEY v. DEAN R. JONES -- rank: 743

... for second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b)(1). On February 19, 2019, defendant's private investigator, William R. Scull, interviewed Rakwon Humphries, defendant's cousin, at defendant's attorney's office. At the outset of the interview, Scull confirmed ...

docket:	a2587-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-12
status:	Unpublished
citation:
Document Size:	31113

38 /usr/local/share/www/libweb/collections/courts/appellate/a4829-18.opn.html -- rank: 736

... parole imposed pursuant to the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1, is illegal. The prosecution hinged ... those repeated Confrontation Clause violations was compounded by the prosecutor's reference to the inadmissible hearsay in his opening argument when ... other people,' referring to non-testifying sources, told police 'it's possibly this individual named Freddie Owle.' The prosecution, it bears noting, introduced substantial admissible evidence of defendant's guilt. The State's case was not so overwhelming, however, as to overcome the ... N.J. 131, 154 (2014) (quoting Chapman v. California, 386 U.S. 18, 24 (1965)). We are therefore constrained to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	82982

39 STATE OF NEW JERSEY VS JOSE GUZMAN -- rank: 736

... that his constitutional rights were denied by the trial court's refusal to appoint a qualified interpreter to assist him in ... was deprived of the right of confrontation by the court's admission of a codefendants' out-of-court statements which indirectly ... for a severance after the court ruled that Paul DiBiase's statements were admissible; that his extended term sentence was manifestly ... him at trial and on appeal. The court denied defendant's petition by an oral opinion.     Before addressing the arguments defendant ... of May 18, 1989, defendant and Paul DiBiase left Paul's brother Daniel behind in a station wagon parked near a ... automatic BB gun pistol, a packing slip with the Nilson's name on it, rolled coins, a crowbar, a black ...

docket:	a2867-95
court:	njappellate
decided:	1998-06-29
status:	published
citation:	313 N.J.Super. 363
Document Size:	57441

40 STATE OF NEW JERSEY v. AHMED BADR -- rank: 732

... The opinion of the court was delivered by ESPINOSA, J.S.C. (temporarily assigned) Defendant owns a coffee shop and hookah ... New Jersey Smoke-Free Air Act (the Act), N.J.S.A. 26:3D-55 to -64, arguing that the definition ... or a dried fruit or a combination of those. It's a practice from the [Middle East] which is now very popular in, particularly in college towns. It's a water pipe which is, usually sits on the floor ... the evening of February 5, 2008, Ciuffo went to defendant's shop at the direction of the Chief Health Inspector to ... operate an illegal hookah bar in violation of [ N.J.S.A. ] 26:3D-55." Ciuffo returned to defendant's ...

docket:	a1975-08
court:	superior court appellate division
decided:	2010-08-05
status:	published
citation:	415 N.J. Super. 455 2 A.3d 436
Document Size:	63535

41 State v. Timothy Miller -- rank: 732

... the trial court denied defendant his rights under N.J.S.A. 2C:35-19c. Defense counsel replied in writing, objecting ... the trial court.     The state never responded to defense counsel's letter. Instead, it provided defense counsel with the name and ... counsel objected. The state claimed it never received defense counsel's letter and that, consequently, the alleged letter was not on file. Defense counsel's secretary testified that the letter was sent to both the ... no way for the state to know of defense counsel's objection or the need for a preliminary hearing. The trial court further held that defense counsel's objections did not satisfy the specificity requirement of State ...

docket:	a-94-00
court:	njsupreme
decided:	2002-01-23
status:
citation:	170 N.J. 417
Document Size:	61211

42 STATE OF NEW JERSEY v. C.D. -- rank: 732

... C.D., with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1), second degree sexual assault, N.J.S.A. 2C:14-2b, and second degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. The indictment alleges that between October ... jury, the court heard argument and ultimately granted the State's motion to admit as evidence at trial, under the standards ... was temporarily reassigned to a different judge who heard defendant's motion to suppress the videotaped statement Robin gave to a detective from the Union County Prosecutor's Office pursuant to State v. Michaels, 136 N.J. ...

docket:	a0055-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-12
status:	unpublished
citation:
Document Size:	81977

43 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 729

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4667-10T1 S APPROVED FOR PUBLICATION August 13, 2012 APPELLATE DIVISION TATE OF ... are asked to determine whether a violation of N.J.S.A. 39:3-76.2f, the "seat belt law," can ... a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a ... injury. Defendant appeals her plea-bargained conviction under N.J.S.A. 2C:40-18(b), arguing the law is unconstitutionally ... remover and a can of carpet deodorizer on the driver's side floor of the vehicle. The can of carpet deodorizer ... from defendant. Approximately forty-five minutes after the accident, defendant's blood was drawn at the hospital and laboratory analysis ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796

44 Ballinger v. Delaware River Port Authority -- rank: 722

... to the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (CEPA); second, if they ... however, a conversation between another officer and one of plaintiff's supervisors concerning the furniture. Plaintiff claimed that the officer said ... violated DRPA policies and procedures. The DRPA learned about plaintiff's independent investigation and correspondence with the State Police captain and ... affirmed, finding that CEPA was not "substantially similar" to Pennsylvania's Whistleblower Law such that the claim could proceed. Ballinger v ... Div. 1998)(Ballinger I). The trial court also denied plaintiff's cross-motion to file another amended complaint to include common ... Jersey Conscientious Employee Protection Act, but is subject to plaintiff's common law claim for wrongful discharge. 1. When Congress ...

docket:	a-35-01
court:	njsupreme
decided:	2002-06-25
status:
citation:	172 N.J. 586
Document Size:	67720

45 V.C. V. M.J.B. -- rank: 722

... that the denial of both was "contrary to the children's best interest" and that "the court erred in not finding ... For the reasons stated in this opinion and Judge Braithwaite's opinion, we affirm the judgment denying plaintiff's application for joint custody. For the reasons stated in this ... September 1993, V.C. became aware of M.J.B.'s visits to Dr. Hughes and her decision to have a ... B. was informed she was pregnant. During M.J.B.'s pregnancy, both M.J.B. and V.C. prepared for ... J.M.B. The parties moved from M.J.B.'s apartment, where they had been living together since December ...

docket:	a0966-98
court:	njappellate
decided:	1999-03-05
status:	published
citation:	<a href=
Document Size:	96805