Search Rutgers Law Library N.J. Court Opinions

1201 STATE OF NEW JERSEY v. M.C. -- rank: 424

... testimony and a video-recorded statement under the hearsay rule's tender years exception, N.J.R.E. 803(c)(27 ... evaluation by the trial court judge of whether the child's testimony is consistent to the statements offered and thus reliable ... on charges of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The charges arise out of ... spent time in the care of defendant. When their mother, S.C., picked up J.M. and her sister the ...

docket:	a5325-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	21335

1202 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 STATE OF NEW JERSEY v. BENJAMIN LEVINE -- rank: 421

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... defendant of third-degree unlicensed practice of medicine, N.J.S.A. 2C:21-20 (count one); second-degree theft by deception, N.J.S.A. 2C:20-4 (count two); two counts of fourth-degree falsification of records, N.J.S.A. 2C:21-4(a) (counts six and eight), and third-degree insurance fraud, N.J.S.A. 2C:21-4.6 (count seven). After appropriate mergers ... him to pay restitution. On direct appeal, we affirmed defendant's conviction, but remanded to permit the entry of an ...

docket:	a2421-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-15
status:	unpublished
citation:
Document Size:	23620

1203 STATE OF NEW JERSEY VS. HEMAL DHEBARIYA -- rank: 421

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... after a de novo review of the Sayreville Municipal Court's denial of a post- conviction relief (PCR) petition challenging his ... conviction for driving while intoxicated (DWI). We affirm the court's order denying the petition as untimely under Rule 7:10 ... as] driving while intoxicated in Sayreville?' the transcript indicated defendant's attorney answered the question in the affirmative. Thereafter, the court asked, '[t]hat was after you consumed intoxicating beverage[s] which affected your driving? Is that correct?' to which 2 ... with the reliability of the Alcotest reading, and imposed defendant's sentence after entering a finding of guilty. On December ...

docket:	a1786-22
court:	appellate
decided:	2024-05-01
status:	Unpublished
citation:
Document Size:	16793

1204 STATE OF NEW JERSEY v. RYON L. GREEN -- rank: 421

... convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a) and N.J.S.A. 2C:5-2(a) (count one); first-degree robbery, N.J.S.A. 2C:15-1(a)(2) (count two); third-degree theft, N.J.S.A. 2C:20-3(a) (count three); possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); possession of a handgun without a permit, N.J.S.A. 2C:39-5(b) (count five); and fourth- ...

docket:	a5355-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	37338

1205 JAMES BOLDT, ET AL VS CORRESPONDENCE MANAGEMENT, INC. ET AL -- rank: 418

... Center (Giordano, Halleran & Ciesla, attorneys; Mr. Ciesla, of counsel; Patrick S. Convery, on the brief).     Orlovksy, Grasso & Bolger, attorneys for respondents ... by defendant New Jersey State Department of Health, and CMC's agent, Correspondence Management, Inc. (CMI), a medical record copying service ... d). This regulation provides:         If a patient or the patient's legally authorized representative requests, in writing a copy of his ... admission shall be provided to the patient or the patient's legally authorized representative within 30 days of request, in accordance ... limitation is a fee based on actual costs.     On defendant's motion for summary judgment, the trial court determined that Davis ... citing United States v. Western Pac. R.R. Co. , 352 U.S. 59 , 63-64, 77 S. Ct. 161 , 164- ...

docket:	a2709-97
court:	njappellate
decided:	1999-04-12
status:	published
citation:
Document Size:	34463

1206 TONY F. POLITE VS. AIRSHAD KAHN -- rank: 418

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... of the August 12, 2022 order granting defendant Airshad Kahn's motion for summary judgment and dismissing his complaint with prejudice ... May accident) when plaintiff was 't-boned' from the driver's side, causing his vehicle to hit a telephone pole. He ... plaintiff alleges that his car was rear-ended by defendant's vehicle (the June accident). Plaintiff claimed that the back of ... vehicle was 'crushed,' causing airbags to deploy, and causing plaintiff's chin to strike the steering wheel and his right knee ... under the steering wheel. He was transported to Saint Michael's Hospital in Newark and discharged the same day. Plaintiff ...

docket:	a2714-22
court:	appellate
decided:	2024-07-16
status:	Unpublished
citation:
Document Size:	14253

1207 JAMES BOLDT, ET AL VS CORRESPONDENCE MANAGEMENT, INC. ET AL -- rank: 418

... Center (Giordano, Halleran & Ciesla, attorneys; Mr. Ciesla, of counsel; Patrick S. Convery, on the brief).     Orlovksy, Grasso & Bolger, attorneys for respondents ... by defendant New Jersey State Department of Health, and CMC's agent, Correspondence Management, Inc. (CMI), a medical record copying service ... d). This regulation provides:         If a patient or the patient's legally authorized representative requests, in writing a copy of his ... admission shall be provided to the patient or the patient's legally authorized representative within 30 days of request, in accordance ... limitation is a fee based on actual costs.     On defendant's motion for summary judgment, the trial court determined that Davis ... citing United States v. Western Pac. R.R. Co. , 352 U.S. 59 , 63-64, 77 S. Ct. 161 , 164- ...

docket:	a2708-97
court:	njappellate
decided:	1999-04-12
status:	published
citation:	320 N.J.Super. 74
Document Size:	34592

1208 STATE OF NEW JERSEY v. DONOVAN LITTLE -- rank: 418

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... decision. We incorporate the facts from our opinion affirming defendant's conviction and sentence on direct appeal. State v. Little, No ... a car driven by defendant, a violation of N.J.S.A. 39:3-33. As a result of the motor ... vehicle violation, the officer stopped the car and requested defendant's driving credentials. Defendant refused to produce his credentials. Other officers ... continued refusal to produce the credentials would result in defendant's arrest. Defendant again declined to provide the documents. The officers ... Another officer was struck on the hand by the car's side mirror, causing injury. When defendant sped off, the ...

docket:	a0193-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-06
status:	Unpublished
citation:
Document Size:	12502

1209 IN THE MATTER OF THE CIVIL COMMITMENT OF R.X.W., SVP-349-03 -- rank: 418

... the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.32, and civilly ... counsel for R.X.W. argued that (1) the court's decision was improperly based on hearsay, consisting of prior records of R.X.W.'s offenses, evaluations and treatment; (2) the court should have drawn ... than five days prior to the hearing, in violation of 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d ...

docket:	a4078-08
court:	superior court appellate division
decided:	2010-02-08
status:	Unpublished
citation:
Document Size:	31983

1210 STATEOF NEW JERSEY v. LUCIOUS THOMAS, a/k/a POODA LUCIOUS THOMAS, LUCIAS THOMAS and LUCUS THOMAS -- rank: 418

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... and facts set forth in our prior opinion on defendant's direct appeal in which we affirmed his conviction and sentence ... argue on appeal that the trial judge incorrectly denied defendant's motion to reveal the identity of a confidential informant. In ... J. Arre considered each of these contentions and denied defendant's petition. The judge concluded that defendant failed to satisfy the two-prong test of Strickland v. Washington, 466 U.S. 668, 687, (1984), which requires a showing that counsel' ...

docket:	a2885-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-01
status:	unpublished
citation:
Document Size:	21060

1211 ANA L. PAZ v. STATE OF NEW JERSEY -- rank: 418

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... permit recovery under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. We affirm. N.J.S.A. 59:9-2(d) bars recovery for pain and ... sufficient to permit a rational factfinder' to find that plaintiff's injuries satisfy both prongs of the Brooks/Gilhooley test.' Id ... inspection bays. Plaintiff sought medical attention the next day at U.S. HealthWorks, complaining of pain in her neck and shoulders. ...

docket:	a3290-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-01
status:	unpublished
citation:
Document Size:	54033

1212 LISA VAN HORN v. HARMONY SAND & GRAVEL, INC -- rank: 418

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Gravel, Inc. pursuant to R. 1:4-8. Because Harmony's motion for sanctions failed to comply with the rule's mandatory requirements, we reverse. By way of brief background, Van ... of any lease agreement. Rather, the agreement permitted [Van Horn's father] to interfere with Harmony's possession of the land so long as he did not ... a motion in the trial court in aid of litigant's rights claiming Harmony had erected fencing around the property ...

docket:	a4298-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	21999

1213 V.A.L. FLOORS, INC. et al. v. WESTMINSTER COMMUNITIES -- rank: 415

... Communities, Inc. We are required to determine whether a contractor's profit estimate based on its past experience is a sufficiently ... contacted VAL and informed it that Westminster was accepting VAL's bid. The parties reached a verbal agreement that VAL would perform the work set out in its bid. Luppino's certification explained what happened next:             VAL and 3L then commenced ... VAL and 3L informed Westminster that it would accept Westminster's payment terms.     The next day, April 22, 1998, Joseph McGinley ... upgrades on nineteen units actually completed, reflecting a profit of 36% of costs. She explained:             Based upon the specification sheets for ... developed. A summary of my calculations is annexed to defendant's exhibits as Exhibit 12.             It was my feeling that ...

docket:	a6525-00
court:	njappellate
decided:	2002-12-05
status:	published
citation:	355 N.J. Super. 416
Document Size:	31160

1214 STATE OF NEW JERSEY IN THE INTEREST OF D.H -- rank: 415

... prints himself but forwarded the box to the county prosecutor's office to complete the process. Detective Nicholas Kappre of the prosecutor's Crime Scene Unit took the box and lifted eight partial ... to that SBI number. Nor did Detective Kappre take defendant's fingerprints to compare them either to the latent prints retrieved ... the trial did not resume until August 7. Over defendant's objection, Detective Kappre took the stand. He testified that he ... system and the ten-print card. Defendant objected to Kappre's testimony that the ten-print card contained D.H.'s name; he also testified that he believed the latent ...

docket:	a1654-08
court:	superior court appellate division
decided:	2010-05-20
status:	unpublished
citation:
Document Size:	37694

1215 STATE OF NEW JERSEY v. DANIEL J. SUSSMAN -- rank: 415

... was convicted of unlawful possession of a handgun, N.J.S.A. 2C:39-5b. The trial court sentenced defendant to ... whom it belonged; he replied that it was his father's, and he was going to call his father. Defendant then ... the seat, exposing a compartment that contained both the vehicle's battery and a loaded .38 caliber handgun. Defendant was charged ... defendant raises the following contentions: POINT I BECAUSE THE COURT'S DENIAL OF THE MOTION TO SUPPRESS EVIDENCE WAS BASED IN ... THE GRAVES ACT TO APPLY TO THIS OFFENSE. In defendant's first point, he argues that the motion to suppress was ... court permitted hearsay evidence in violation of Crawford v. Washington , 541 U.S. 36, 124 S. Ct. 1354 , 158 L. ...

docket:	a4968-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-19
status:	unpublished
citation:
Document Size:	17610