Search Rutgers Law Library N.J. Court Opinions

1171 STATE OF NEW JERSEY v. FROYLAN LOPEZ -- rank: 436

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... prison, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant filed a direct appeal. We affirmed defendant's conviction and sentence, and the Supreme Court denied certification. State ... test of Strickland v. A-2561-21 2 Washington, 466 U.S. 668, 687 (1984), which requires a showing that trial counsel's performance was deficient and that, but for the deficient ...

docket:	a2561-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-13
status:	Unpublished
citation:
Document Size:	12939

1172 INVESTORS BANK v. JOSEPH SABURN -- rank: 433

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Shepard, PC, attorneys for respondent (Ashleigh Levy Marin and Michael S. Hanusek, on the brief). PER CURIAM Defendant Joseph Saburn appeals from the Chancery Division's order granting summary judgment to plaintiff Investors Bank and denying defendant's cross-motion to dismiss plaintiff's complaint; a subsequent order denying defendant's motion to fix the amount due at '$0.00'; ...

docket:	a2375-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-30
status:	Unpublished
citation:
Document Size:	13938

1173 STATE OF NEW JERSEY v. BRIAN K. BLUE -- rank: 433

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1). We affirm. I. We ... The UCI and the CI would then drive to defendant's residence to conduct the transaction. Investigator Rivera conducted a New ... weapons and drug offenses. After the CI positively identified defendant's photograph, law enforcement officers arranged for the CI to make ... manner. First, law enforcement officers set up surveillance of defendant's residence and vehicle, a 2000 silver Mercedes Benz. Investigator Rivera ... CI to meet him. There, the UCI entered the CI's vehicle and they proceeded to defendant's residence while ...

docket:	a0288-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-09
status:	unpublished
citation:
Document Size:	25764

1174 STATE OF NEW JERSEY v. ANTHONY LORE -- rank: 433

... possession of heroin (count two), in violation of N.J.S.A. 2C:36-6, and possession with intent to use drug paraphernalia, in violation of N.J.S.A. 2C:36-2. On December 9, 1999, defendant was arrested following a ... drugstore. When Harper arrived on the scene, he observed defendant's car was illegally parked and saw a second individual enter the passenger's side of the car. Defendant then drove away. Harper ...

docket:	a5847-06
court:	superior court appellate division
decided:	2010-05-25
status:	unpublished
citation:
Document Size:	33611

1175 /usr/local/share/www/libweb/collections/courts/appellate/a2502-18.opn.html -- rank: 433

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... three counts of third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (counts two, four, and ... one count of second-degree distribution of CDS, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... provide uniform plea agreement guidelines 'intended to regulate a defendant's exposure to mandatory minimum terms of imprisonment' in drug cases ... N.J. Criminal Code Annotated, cmt. 1 on N.J.S.A. 2C: 35-12 (2020). The Guidelines were revised ...

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1176 STATE OF NEW JERSEY v. ERNEST M. LAWRENCE -- rank: 430

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... appellant (Steven M. Gilson, Designated Counsel, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Joseph A. Glyn, Deputy ... BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL COUNSEL'S INEFFECTIVENESS FOR FAILING TO INVESTIGATE DEFENDANT'S "MENTAL HEALTH PROBLEM AT THE TIME OF THE CRIME." POINT ... FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT'S CLAIM THAT TRIAL COUNSEL FAILED TO REVIEW ALL THE DISCOVERY ... the record and found no competent evidence to support defendant's ineffective-assistance-of-counsel claims, we affirm. After hearing ...

docket:	a3917-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-22
status:	unpublished
citation:
Document Size:	17910

1177 /usr/local/share/www/libweb/collections/courts/appellate/a1027-20.opn.html -- rank: 430

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... App. Div. 2019). Defendant now appeals from the trial court's denial of his second new trial motion. He alleges, for ... new' evidence that defendant claims is exculpatory. We reject defendant's arguments on appeal and affirm. We incorporate the factual history from our opinion on direct appeal affirming defendant's conviction and sentence, id. at 398-403, and we summarize ... issued him cease and desist letters to ward off defendant's unwanted contact with her business clients. Defendant in turn sued ... causing her alarm and concern. Defendant also entered J.R.'s social media space, following her on Twitter. Upon discovering ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
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Document Size:	14611

1178 MARY C. GILVARY v. GERALD M. CERZA -- rank: 427

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... disabling back injury she allegedly sustained while caring for Christina's teenage daughter (C.Z.) in defendants' home. For the reasons ... resides with defendants in their home in Somerset County. Plaintiff's complaint describes defendants' residence as a large one[-]family home ... 21, 2012. During her shifts, plaintiff acted as the patient's sole caretaker, as the defendants would be 'resting, relaxing, or ... to plaintiff as a 'fill-in' so that C.Z.'s 'other nurses and caretakers could receive time off.' A-0746 ... installed an elevator in their home to facilitate C.Z.'s safe movement, defendants did not possess a Hoyer Lift. ...

docket:	a0746-17
court:	NJ Superior Court Appellate Division
decided:	2018-09-28
status:	Unpublished
citation:
Document Size:	33412

1179 STATE OF NEW JERSEY v. JOSEPH QUIONES -- rank: 427

... with two counts of third degree computer theft, N.J.S.A. 2C:20-25c. The Atlantic County Prosecutor's Office amended or "downgraded" the charge to the disorderly persons ... by unlawful taking of property valued under $200, N.J.S.A. 2C:20-3, and remanded the case for prosecution ... again found defendant guilty of theft under $200. The State's case consisted of establishing defendant used player cards belonging to ... to improperly transfer player credits from their cards to defendant's card. The theft consisted of an unauthorized electronic transfer. At ... a "standard transaction report" (STR) to determine whether either Sudnik's and/or Musolino's cards had been used recently. ...

docket:	a4091-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-07
status:	unpublished
citation:
Document Size:	17570

1180 STATE OF NEW JERSEY v. IVAN KUHN -- rank: 427

... guilty of third-degree creating a false public alarm, 293 U.S. Highway 206, Flanders. The computer scan of calls made from ... investigation." After leaving the A&P, Mastro went to defendant's residence in Flanders, approximately one-half mile from the store ... of the bomb threat, and his testimony essentially corroborated Mastro's. Logan knew defendant prior to June 10, but upon objection ... in front of the deli, a violation of the store's "no tolerance policy." Tauriello identified a surveillance videotape that showed ... store on March 1, 2003. The balance of the State's witnesses testified as to their investigation of the crime ...

docket:	a0760-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	48439

1181 RALPH JENNINGS et al. v. JOHN T. REED et al. -- rank: 427

... Sylvia Jennings, husband and wife, appeal from the Law Division's grant of defendants' motion to enforce a consent order of ... they disagreed. Yet, despite their expressed objection and the court's rejection of their ex parte communication as improper, plaintiffs never ... enforce the agreement. By order of April 30, 2004, counsel's request was granted, but defendants' enforcement motion was adjourned to ... from their "personal" lawyer, Steven Caputo; and one from Ralph's psychiatrist, Dr. Jay Kuris. Although he admits being "given the authority to negotiate a settlement on [Sylvia's] behalf", Jennings certified that he ". . . signed the settlement even though ... making a rational decision that afternoon." Dr. Kuris attributed Ralph's anxiety to a long-standing condition: Due to length ...

docket:	A2043-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-10
status:	published
citation:	381 N.J. Super. 217 885 A.2d 482
Document Size:	71512

1182 GINA TALIJAN v. BOARD OF REVIEW DEPARTMENT OF LABOR, and DE CASPERIS, STEVEN JAMES -- rank: 427

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... for good cause attributable to the work, see N.J.S.A. 43:21-5(a), and ordering that she refund ... 00 in benefits received during her disqualification, see N.J.S.A. 43:21-16(d). We affirm. I. Claimant was ... part-time dental hygienist in Dr. Steven James De Casperis's dental practice from November 1999 until her voluntary resignation in ... benefits on March 22, 2020. A deputy from the Department's Division of Unemployment Insurance (Deputy) disqualified claimant for unemployment benefits ... refund of $1,908.00 in accordance with N.J.S.A. 43:21-16(d) for benefits she improperly ...

docket:	a0413-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-19
status:	Unpublished
citation:
Document Size:	19799

1183 STATE OF NEW JERSEY v. SHAHEED M. CARSON -- rank: 427

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... fourth-degree obstruction of the administration of law, N.J.S.A. 2C:29-1(b) (count one); four counts of ... CDS), specifically heroin, phencyclidine (PCP), MDMA, and cocaine, N.J.S.A. 2C:35-10(a)(1) (counts two, five, eight ... third-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count ... to distribute CDS on or near school property, N.J.S.A. 2C:35-5 and -7 (counts four, seven, and ... first-degree possession with intent to distribute PCP, N.J.S.A. 2C:35-5(a)(1) and (b)(6) ( ...

docket:	a1586-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-25
status:	Unpublished
citation:
Document Size:	23142

1184 STATE OF NEW JERSEY v. CRUZ MARTINEZ -- rank: 427

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... PCR) without an evidentiary hearing. The PCR judge concluded defendant's second PCR petition was time barred. For the reasons that ... determine whether there is good cause for referral of defendant's second PCR to the Office of the Public Defender and to consider the contentions raised in defendant's second PCR petition, applying the two- prong test in Strickland.1 The facts leading to defendant's murder conviction are set forth in State v. Martinez, No ... 2018, assigned counsel filed a superseding PCR petition on defendant's behalf, asserting ineffective assistance of trial counsel and requesting ...

docket:	a2012-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-05
status:	Unpublished
citation:
Document Size:	13700

1185 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 STATE OF NEW JERSEY v. -- rank: 427

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b). Defendant filed a motion to ... We must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient ... Elders , 192 N.J. 224 , 243 (2007). "A trial court's findings should not be disturbed simply because an appellate court ... We will reverse only if convinced that the motion judge's factual findings "are so clearly mistaken 'that the interests of ... searches and seizures.'" State v. Johnson , 193 N.J. 528 , 541 (2008) (quoting U.S. Const. amend. IV; N.J. ...

docket:	a1530-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18874