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46 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 719

... CHEMICAL CORPORATION, Defendant-Appellant, and MAXUS INTERNATIONAL ENERGY COMPANY, YPF, S.A., YPF HOLDINGS, INC., YPF INTERNATIONAL S.A. (f/k/a YPF INTERNATIONAL LTD.) and CLH HOLDINGS, Defendants, and REPSOL, S.A., Defendant-Respondent, and JOSEPH J. FARNAN, JR., as Liquidating ... BEROL CORPORATION, B-LINE TRUCKING, INC., BORDEN & REMINGTON CORP., C.S. OSBORNE & CO., CAMPBELL FOUNDRY COMPANY, CASCHEM INC., CBS CORPORATION, CELANSE ... OIL, INC., NATIONAL-STANDARD, LLC, NELL-JOY INDUSTRIES, INC., NESTLE U.S.A., INC., NEW JERSEY TRANSIT CORPORATION, NEWS AMERICA INC., ...

docket:	a2036-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-27
status:	Unpublished
citation:
Document Size:	103693

47 STATE V. RIGOBERTO MEJIA -- rank: 715

... and that if the jury was not unanimous on Mejia's intent, then Mejia would not be subject to the death ... the defendant of murder without unanimously agreeing on whether defendant's intent was to kill. Should the jury not be unanimous on a defendant's intent, the defendant is not eligible for the death sentence ... to kill, are death-eligible. At the time of Mejia's offense, however, only a defendant who intended to kill would ... v. Gerald , 113 N.J. 40 (1988). The trial court's charge essentially required the jury to deliberate sequentially and to ... not adequately inform the jury that the determination of Mejia's intent could also determine whether Mejia would live or ...

docket:	a-4-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 475
Document Size:	130861

48 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 715

... Smith on charges of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts one through three); second-degree ... possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b) (count five); fourth-degree possession ... a person under the age of twenty-one, N.J.S.A. 2C:58-6.1(b) (count six); and third-degree witness tampering, N.J.S.A. 2C:28-5(a) (count seven). Prior to ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425

49 STATE OF NEW JERSEY IN THE INTEREST OF S.M. -- rank: 712

... 6415-93T1 STATE OF NEW JERSEY     IN THE INTEREST OF         S.M., a juvenile.         Argued September 28, 1995 - Decided October 27 ... County.         Alan L. Zegas argued the cause for juvenile-appellant, S.M.         Karen J. Angelo argued the cause for the respondent ... of the court was delivered by KLEINER, J.A.D.     S.M., a fifteen-year old juvenile, was convicted of two ... 1) first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2b. Both charges relate to one event on December 3, 1993, when S.M. was employed to baby-sit A.K., a five ... child.     A.K. informed his father that during the afternoon, S.M. "blew through my penis." A.K.'s father ...

docket:	a6415-93
court:	njappellate
decided:	1995-10-27
status:	published
citation:	284 N.J.Super. 611
Document Size:	24214

50 STATE OF NEW JERSEY V. TIMOTHY SMITH -- rank: 708

... Smith was found guilty of aggravated sexual assault, N.J.S.A. 2C:14-2a. See footnote 2 He was sentenced ... The conviction arose from an aggravated sexual assault on defendant's fiancee's eight year old niece, T.I. T.I. was visiting ... her mother, who in turn reported it to the Prosecutor's Office.          In his brief on appeal defendant makes the following ... I. CONDUCTED BY DETECTIVE KOENIG OF THE UNION COUNTY PROSECUTOR'S OFFICE.     POINT III         THE PROSECUTOR'S MISCONDUCT DENIED DEFENDANT A FAIR TRIAL AND DEFENDANT'S ...

docket:	a2518-96
court:	njappellate
decided:	1998-04-22
status:	published
citation:	<a href=
Document Size:	17974

51 STATE OF NEW JERSEY v. MICHAEL MCCALL -- rank: 708

... 2005, of second - degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); first - degree robbery, N.J.S.A. 2C:15-1 (count two); first - degree felony murder, N.J.S.A. 2C:11-3a(3) (count three) ; second-degree reckless manslaughter, N.J.S.A. 2C:11-3a(3), as a lesser-included offense ... four); third - degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count five); and second - degree possession of a weapon for an unlawful purpose , N.J.S.A. 2C:39-4a (count six) . Merging counts one ...

docket:	a1572-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-23
status:	unpublished
citation:	199 N.J. 541 973 A.2d 944
Document Size:	80195

52 STATE OF NEW JERSEY v. KANEM WILLIAMSON -- rank: 708

... Williamson was convicted of first- degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1),1 second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). On December 1, 2017, the ... five years imprisonment, subject to the No Early Release Act's eighty-five percent parole disqualifier, N.J.S.A. 2C:43-7.2, and imposed a concurrent eight ... years of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c), on the unlawful possession ...

docket:	a2501-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-09
status:	Unpublished
citation:
Document Size:	58427

53 MICHAEL ALLEN et al. v. WORLD INSPECTION NETWORK INTERNATIONAL, INC. -- rank: 698

... Defendant-Appellant. ________________________ Argued October 30, 2006 - Decided Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court ... the brief). The opinion of the court was delivered by S.L. REISNER, J.A.D Defendant, World Inspection Network International ... falls within the ambit of the Federal Arbitration Act, 9 U.S.C.A. §§ 1 to 16. Under Supremacy Clause principles, the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 to -29, cannot preclude enforcement of ... that the Federal Arbitration Act (FAA or Federal Act), 9 U.S.C.A. § 2, preempted New Jersey law ...

docket:	A1624-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-05
status:	published
citation:	389 N.J. Super. 115 911 A.2d 484
Document Size:	69268

54 STATE OF NEW JERSEY v. LAURA MORAN -- rank: 698

... into question the continued viability and constitutionality of N.J.S.A. 39:5-31, which provides: The director or any ... context of a true case and controversy requiring this court's determination." Id. at 424. This is such a case. Defendant ... found guilty in municipal court of reckless driving, N.J.S.A. 39:4-96. In addition to a fine and ... costs, the municipal judge imposed a forty-five day driver's license suspension pursuant to N.J.S.A. 39:5-31. Upon de novo review, s ee R. 3:23-8, defendant challenged her reckless ...

docket:	a3810-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-28
status:	published
citation:	408 N.J. Super. 412 975 A.2d 480
Document Size:	86487

55 STATE OF NEW JERSEY v. AARON ENIX -- rank: 698

... jury. The jury found Enix guilty of murder, N.J.S.A. 2C:11-3(a)(1), (2), second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), and second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1). The trial judge sentenced ... imposed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. After reviewing the record, we discern no legal basis to disturb the jury's verdict and affirm his conviction. We also affirm his sentence ... south on Clerk Street.' Rentas corroborated this account of Washington's statement describing the direction his assailants took immediately after ...

docket:	a2664-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-21
status:	Unpublished
citation:
Document Size:	51477

56 IN RE CERTIFICATE OF NEED GRANTED TO THE HARBORAGE -- rank: 691

... Pursuant to the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. (the Act), and specifically ... The award of the CON is governed by N.J.S.A. 26:2H-8, which, in pertinent part, provides:             No ... Health and Senior Services (Department) for its consideration. N.J.S.A. 26:2H-10. However, an application to provide a ... geographic area in which the applicant is located. N.J.S.A. 26:2H-5.7, for review. N.J.S.A. 26:2H-4. This appeal will be heard by ... could transfer those patients. The anticipated cost of The Harborage's proposed unit was $365,000, to be funded entirely ...

docket:	a0681-95
court:	njappellate
decided:	1997-05-02
status:	published
citation:	300 N.J.Super. 363
Document Size:	56971

57 STATE OF NEW JERSEY v. FENTON J. CARSTARPHEN -- rank: 678

... appeals from his convictions for second-degree burglary, N.J.S.A. 2C:18-2 (Count One); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (Count Two); second- degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count Three); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (Count Four); third-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (Count Five); and fourth- ...

docket:	a2950-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	41250

58 STATE OF NEW JERSEY v. M.A -- rank: 674

... The opinion of the court was delivered by SIMONELLI, J.S.C., t/a A Somerset County grand jury indicted defendant ... third degree theft by unlawful taking, contrary to N.J.S.A. 2C:20-3, stemming from his theft of over ... Ultra desktop computer (the tower) conducted pursuant to his employer's consent. On appeal, defendant contends that his employer had no ... the content of the computers. Because we also conclude defendant's sentence was appropriate, we affirm. Defendant is no stranger to ... charged with two counts of forgery, contrary to N.J.S.A. 2C:20-4. He was accepted into the Pretrial ... we "must uphold the factual findings underlying the trial court's decision so long as those findings are 'supported by ...

docket:	a4922-06
court:	njappellate
decided:	2008-08-29
status:	published
citation:	402 N.J.Super. 353
Document Size:	61773

59 STATE OF NEW JERSEY v. MICHAEL RUFFIN -- rank: 674

... mug books in use at the time of Ms. Batista's photo identification had been discarded. There is no plausible explanation ... satisfied that the books are destroyed. I suspect -- and it's more plausible that the police are just too lazy to ... they were utilized by the police for so long, it's incredible to believe that they would simply throw them out ... other evidence that is destroyed by police departments, generally there's some records, some indicia of what existed, what happened to ... Department had deliberately adopted a procedure to undermine a defendant's right to challenge an out-of-court photographic identification. I ... procedure, which is constitutionally defective, which the police in today's world should know is constitutionally defective. State v. Earle ...

docket:	A0998-03
court:	NJ Superior Court Appellate Division
decided:	2004-07-27
status:	published
citation:	371 N.J. Super. 371 853 A.2d 311
Document Size:	65963

60 VISITING HOMEMAKER SERVICE OF HUDSON COUNTY v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON -- rank: 671

... Jersey, requires us to determine the validity of Hudson County's 2003 Living Wage Ordinance (the Ordinance), which directs contractors to ... reverse his order invalidating it as contrary to the State's bidding laws, preempted by the State minimum wage law, N.J.S.A. 34:11-56a4, and violative of constitutional equal protection ... while this appeal was pending, the Legislature amended N.J.S.A. 34:11-56a4 to expressly permit political subdivisions to ... that, as a result of the amendment to N.J.S.A. 34:11-56a4, the County is currently in the ... too is rendered moot by the amendment to N.J.S.A. 34:11-56a4 and the County's consideration ...

docket:	A3180-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-07
status:	published
citation:	380 N.J. Super. 596 883 A.2d 107
Document Size:	86217