Search Rutgers Law Library N.J. Court Opinions

271 STATE OF NEW JERSEY v. ELMO M. RIVADENEIRA -- rank: 663

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... trial court entered a February 1, 2018 order, denying defendant's petition for post-conviction relief (PCR) based on newly discovered ... discovered FBI records warranted a change in the PCR court's prior denial, the court entered a September 12, 2019 order ... newly discovered evidence [did] not change th[e] [c]ourt's previous decision.' Defendant now appeals, challenging the denial of his ... trial, defendant was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1(b); three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); fourth-degree child abuse, ...

docket:	a5573-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-19
status:	Unpublished
citation:
Document Size:	54408

272 LEONARD MANDEL and SUSAN LEWIS v. UBS/PAINEWEBBER, INC., JANE ROMANY et al. -- rank: 663

... that the sentence is unconstitutional under Blakely v. Washington , 542 U.S. __, 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004). Specifically, he ... that it exceeds the maximum sentence authorized by the jury's verdict." See footnote 2 I.     The background relating to the ... judge concluded that the aggravating factors embodied in N.J.S.A. 2C:44-1a (3) and (9) were applicable because ... Defendant will commit another crime. Although this is the defendant's first conviction, the victim testified at a Rule 104A ...

docket:	a6060-01
court:	njappellate
decided:	2004-11-12
status:	published
citation:	373 N.J. Super. 226
Document Size:	37692

273 James v. Bessemer Processing Co. Inc. -- rank: 663

... the moving parties is required to support a trial court's determination to dismiss a plaintiff's complaint without prejudice pursuant to Rule 4:4-1.     Decedent ... fifty-two, decedent died of stomach and liver cancer. Decedent's widow, Ida James (plaintiff), brought this survivorship and wrongful death ... of the substances they shipped to Bessemer and that decedent's continuous exposure to those substances was the cause of his ... basis that plaintiff would be unable to establish that decedent's cancer was caused by specific products manufactured by specific defendants. The court issued separate orders dismissing plaintiff's complaint against various defendants on procedural grounds. On appeal, ...

docket:	a-115-97
court:	njsupreme
decided:	1998-07-27
status:
citation:	155 N.J. 279
Document Size:	100902

274 ACCOUNTEKS.NET, INC. v. CKR LAW, LLP, -- rank: 663

... the penalty assessment on a responsible person under N.J.S.A. 54A:9-6(f) and/or (g). Accordingly, plaintiff’s motion with respect to plaintiff’s liability for employer gross income tax withholding is granted and the Director’s cross motion is denied. The court finds that the issuance ... a limitations period on a responsible person and, therefore, plaintiff’s motion for summary judgment is denied and the Director’s cross motion is granted. Finding of Facts and Procedural ...

docket:	04035-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-09
status:	Published
citation:
Document Size:	56804

275 STATE OF NEW JERSEY v. TERRANCE CLYBURN -- rank: 663

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); third-degree distribution of CDS, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3 ... CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7; and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(1). After merger, application of ... and State v. Thomas , 188 N.J. 137 (2006), Clyburn’s aggregate sentence was fixed at eleven and one-half years ... petition in February 2010. The court focused primarily on Clyburn’s claims that his trial and appellate attorneys had failed ...

docket:	a1479-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-18
status:	unpublished
citation:
Document Size:	47420

276 STATE OF NEW JERSEY v. BRUCE D. BEACHAM, JR -- rank: 663

... his sentence is excessive. We agree with three of defendant's points regarding trial errors. The trial court was persuaded by the prosecution's mistaken legal arguments and erred in (1) barring the testimony of a defense witness offered to impeach the State's cooperating co-defendant, (2) threatening to give an adverse inference ... first of these errors by itself requires reversal of defendant's conviction. Cumulatively, the errors clearly cannot be deemed harmless beyond ... quoting State v. Orecchio , 16 N.J. 125 , 129 (1954)); s ee also Chapman v. California , 386 U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 ...

docket:	a1477-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-21
status:	unpublished
citation:
Document Size:	151244

277 STATE OF NEW JERSEY v. WAYNE PARKER -- rank: 663

... guilty of two counts of first degree kidnapping, N.J.S.A. 2C:5-2 (Count Ten); one count of second degree burglary, N.J.S.A. 2C:18-2 (Count Eleven); one count of second degree conspiracy, N.J.S.A. 2C:5-2 (Count Twelve); two counts of second degree aggravated assault, N.J.S.A. 2C:43-7.2. Persons convicted of enumerated offenses ... as Keith Kenion,2 placed a hood over Mr. Young's face, bound his hands, and hit him on the side ... collection. All the while Mr. Young could hear his wife's 2 Keith Kenion's appeal is being decided this ...

docket:	a1593-05
court:	NJ Superior Court Appellate Division
decided:	2009-07-13
status:	unpublished
citation:
Document Size:	86479

278 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 JERSEY A-2387-14T3 STATE OF -- rank: 663

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS ... and Darryl Davis of two first-degree murders, N.J.S.A. 2C:11-3(a)(1), (2), involving two different ... prison subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. They unsuccessfully appealed from their ... attorney. He contended he originally wished to take the State's fourteen-year plea offer. However, he claimed his attorney stated ... need to testify because he would call witnesses on Goode's behalf in his defense. Goode also alleged his attorney told ... counsel before trial. Davis also wished to take the State's fourteen-year plea offer. He claimed his attorney stated "[ ...

docket:	a2387-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	33073

279 STATE OF NEW JERSEY v. BRYDEN ROBERT WILLIAMS -- rank: 663

... of the first-degree murder of Joel Whitley, N.J.S.A. 2C:11-3(a)(1) and (2) (count one ... unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(d) (count two); and second-degree ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). After merging count ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent term of ... RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST. AMEND. XIV: N.J. CONST. (1947) ART. I, ...

docket:	a3619-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	52221

280 STATE OF NEW JERSEY v. ADEMIR RAMALHO -- rank: 660

... Deputy Public Defender, of counsel and on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Michael J. Williams, Deputy ... jury found defendant Ademir Ramalho guilty of murder, N.J.S.A. 2C:11-3a(1), third-degree possession of weapon ... the purpose of using it unlawfully against another, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). After merging defendant's conviction for the weapons offenses, the judge sentenced him to ... supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge also imposed ...

docket:	a2056-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-20
status:	unpublished
citation:
Document Size:	47019

281 /usr/local/share/www/libweb/collections/courts/trial/americanhumanist-v-matawanschooldist.opn.html -- rank: 660

... The American Legion Matawan Post 176, Frank Jones, Michele Jones, S. Jones, F. Jones, H. Jones, and the Knights of Columbus ... Religious Liberty, attorneys), for defendants-intervenors Frank Jones, Michele Jones, S. Jones, F. Jones, H. Jones and the Knights of Columbus ... the . . . pledge of allegiance to the flag . . . .” N.J.S.A. 18A:36-3. 2 The school district has moved to dismiss the ... by children every school day. Plaintiffs maintain that Doe child’s humanist beliefs do not allow him to participate fully in ... ” AHA joins the Doe family in challenging New Jersey’s pledge statute because the organization is devoted to “ ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	65636

282 STATE OF NEW JERSEY v. JERMAINE A. HARRIS -- rank: 660

... convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:39-7. After denial of the State's motion for an extended term and after appropriate mergers, defendant ... No Early Release Act (N.E.R.A.), N.J.S.A. 2C:43-7.2, and on the last weapons ... Designer Shoe Warehouse (DSW) bag that had previously contained Tair's dinner. Tair estimated that about $116 to $130 in cash ... passengers exited the vehicle. Defendant exited out of the driver's side, and an individual named Blair Williams exited out of ... long barreled handgun" underneath the seat cushion on the passenger's side. Patrolman Rando also found a DSW bag between ...

docket:	a1652-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-23
status:	unpublished
citation:
Document Size:	80694

283 STATE OF NEW JERSEY v. GREGORY EZEKIAN, JR -- rank: 660

... Division, Somerset County, Municipal Appeal No. 03-07R-T04. Jeffrey S. Katz argued the cause for appellant. Eric M. Mark, Assistant ... de novo review of driving while intoxicated (DWI), N.J.S.A. 39:4-129. Defendant was sentenced to the same ... discovered on the door and doorknob to Affinity Credit Union's parking garage. The search, aided by canines and a helicopter ... area as he was driving out. The Cadillac caught Hurst's attention because "it didn't seem to fit in the ... plate check verified that the Cadillac was registered to defendant's father, Gregory Ezekian, Sr., at defendant's address. As Hurst approached the passenger side of the ...

docket:	a2423-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-05
status:	unpublished
citation:
Document Size:	56283

284 STATE OF NEW JERSEY v. MIGUEL DURAN -- rank: 660

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (Count One); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (Count Two ... distribute within a 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Three). Defendant filed a motion ... to five years special probation in accordance with N.J.S.A. 2C:35-14. Counts One and Three were dismissed ... On August 7, 2012, a different sentencing judge accepted defendant's guilty plea to violating his probation, and sentenced defendant to ... within time, requested his trial counsel or the Public Defender's Office to file an appeal on his behalf.'" Molina , ...

docket:	a4042-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-08
status:	unpublished
citation:
Document Size:	50108

285 Mary Kibble v. Weeks Dredging & Construction Co -- rank: 660

... his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the ... claim for dependency benefits in the event of the worker's death.     Carl Kibble was employed by Weeks Dredging & Construction Company ... Kibble was exposed to several welding fumes.     In 1977, Kibble's chest x-ray revealed that he was suffering from pneumonoconiosis ... family physician with pulmonary fibrosis. The physician concluded that Kibble's condition was caused by his exposure to the welding fumes and that he was totally disabled with “welder's lung.” He advised Kibble that he should not work as ... in connection with his claim concurred with the family physician's conclusions and further found that because of his exposure ...

docket:	a-38-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 178
Document Size:	103217