Search Rutgers Law Library N.J. Court Opinions

721 STATE OF NEW JERSEY v. EYVONNE ALEXANDER -- rank: 554

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... purpose to permanently deprive a parent of custody, N.J.S.A. 2C:13-1b(4) (count one); and first-degree ... purpose to permanently deprive a parent of custody, N.J.S.A. 2C:13-1b(4) (count two). The trial judge ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43 7.2. On appeal, we affirmed defendant's conviction and sentence on count two. State v. Alexander , No ... 27, 2014) (slip op. at 3). However, we reversed defendant's conviction on count one, finding that N.J.S. ...

docket:	a1124-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-28
status:	unpublished
citation:
Document Size:	25075

722 STATE OF NEW JERSEY v. CHRISTOPHER GUILES -- rank: 554

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7. Defendant appeals, as well, from his ... five years of parole ineligibility, imposed pursuant to N.J.S.A. 2C:35-19c permits the proffer in a criminal ... appeal that the notice and demand procedures of N.J.S.A. 2C:35-19c, which were found to be constitutional in State v. Miller , 170 N.J. 417 , 433-36 (2002), were improperly utilized by the State in this case ... the certificate was waived. See also Melendez-Diaz v. Massachusetts , ___ U.S. ___, 129 S. Ct. 2527 , 2541, 174 L. Ed.2d ...

docket:	a6187-07
court:	superior court appellate division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	48702

723 Michael Mahoney v. Dr. Marvin S. Podolnick et al -- rank: 554

... may not have been summarized). Michael Mahoney v. Dr. Marvin S. Podolnick et al (A-67-99) Argued September 11, 2000 ... alleged that both doctors failed to treat and diagnose Brown's stomach cancer between July 1990 and April 1991, depriving her ... questions finding both Podolnick and Landset at fault for Brown's reduced life expectancy and pain and suffering and apportioned damages ... In reviewing the verdict, the trial court compared the jury's “no” vote on question number three (whether the increased risk was a substantial factor in reducing Elaine Brown's life expectancy) with the apportionment of liability set forth in ... that Dr. Podolnick was not responsible for reducing Elaine Brown's increased life expectancy yet it apportioned fault at 15% ...

docket:	a-67-99
court:	njsupreme
decided:	2001-01-31
status:
citation:	168 N.J. 202
Document Size:	96179

724 STATE OF NEW JERSEY v. TODD STATHUM -- rank: 554

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (counts one, eleven, fourteen ... degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (counts two, twelve, fifteen ... feet of school property with intent to distribute, N.J.S.A. 2C:35(b)(3) and 2C:35-7 (counts ... one); four counts of third-degree drug distribution, N.J.S.A. 2C:35-5(b)(3) (counts four, thirteen, seventeen ... drug distribution within 1000 feet of school property, N.J.S.A. 2C:35-5(b) and 2C:35-7 (counts ... feet of school property with intent to distribute, N.J.S.A. 2C:35-7, and count five, distribution within ...

docket:	a3531-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	71707

725 STATE OF NEW JERSEY v. LARRY DUKES -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed on direct appeal ... relevant procedural history in part from our opinion affirming defendant's conviction and sentence, State v. Dukes, No. A-4668-17 ... with an object. That blow left a laceration on Rodriguez's forehead requiring twelve stitches that left a visible scar shown ... to the jury. The man with the hat demanded Rodriguez's money and searched his pockets. .... Paz's recollection was that as the group was walking, someone ...

docket:	a2227-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-19
status:	Unpublished
citation:
Document Size:	28925

726 STATE OF NEW JERSEY v. LARRY BYRD -- rank: 554

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... post-conviction relief (PCR). We affirm. The facts underlying defendant's arrest and prosecution are set forth at length in Judge Michael A. Toto's comprehensive twenty-three-page written decision denying PCR and need ... all he intended to do was to break the victim's jaw and to crack some of his ribs. Defendant denied ... lost it." The victim lost consciousness. Defendant moved the victim's body off the street and left it between two cars ... an autopsy two days later and determined that the victim's cause of death was "[c]omplications of blunt trauma ...

docket:	a4715-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-04
status:	unpublished
citation:
Document Size:	21895

727 STATE OF NEW JERSEY v. DARRYL NIEVES . -- rank: 554

... Kirk Thibault, Ph.D., D-IBFES (Gibbons PC, attorneys; Lawrence S. Lustberg and Ethan Kisch, on the brief). The opinion of ... criminal cases.' See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). Under Daubert, general acceptance in the scientific community ... but 'is not a necessary precondition' to admissibility. Daubert, 509 U.S. at 594, 597. Because the holding in Olenowski is not ... retroactive, id. at 154, our review of the trial court's decision is governed by the Frye standard, and we ...

docket:	a2069-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-13
status:	Published
citation:
Document Size:	111594

728 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY VS. BOROUGH OF MANTOLOKING, ET AL. -- rank: 554

... the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law right of public access, mandates disclosure of an attorney's identity when the attorney renders legal advice to a colleague ... who, in turn, rendered advice via email to the prosecutor's personal account. The prosecutor, in turn, disclosed the contents of ... of the email to the defense, but redacted the sender's name and email address. The municipality thereafter denied a government ... motion judge concluded the email did not fall within OPRA's definition of a government record. We affirm the order under ... the work product privilege and confidentiality exemptions under N.J.S.A. 47:1A-9(b) weight against disclosure. I. ...

docket:	a2395-22
court:	appellate
decided:	2024-05-09
status:	Published
citation:
Document Size:	77776

729 STATE OF NEW JERSEY v. ESTERLIN M. TORRES -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS ... jury unfettered access in the jury room to Joshua Calero's incriminating videotaped statement; (2) giving the jury a dictionary definition ... contacts between the judge and the jury, and the court's failure to conduct an arraignment-status conference after a superseding ... to address them. Defendants now appeal from the PCR court's decision. With minor wording and numbering variations, they raise the following identical issues (quoting from Jonathan's counseled brief to avoid repetition): POINT I THE PCR COURT ERRED BY PROCEDURALLY BARRING DEFENDANT'S INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS. POINT II TRIAL AND ...

docket:	a4299-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-21
status:
citation:
Document Size:	45757

730 STATE OF NEW JERSEY v. PABLO S. MACHADO -- rank: 554

... 3047-09T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PABLO S. MACHADO, Defendant-Appellant. ______________________________ October 14, 2011 Submitted September 12, 2011 ... factual dispute at trial was the identification of defendant, Pablo S. Machado, as one of the robbers. Although other issues are ... trial court improperly admitted proofs of the taxi company dispatcher's alleged observation of defendant's cell phone number on his caller ID display. We conclude ... second-degree conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and 2C:5-2 (count one); first-degree armed robbery, N.J.S.A. 2C:15-1 (count two); third-degree unlawful ...

docket:	a3047-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	43507

731 STATE OF NEW JERSEY v. R.F -- rank: 554

... between July 1, 2003 and July 31, 2003, N.J.S.A. 2C:24-4a (count five). Following a trial, a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:7-1 to -19. On appeal, defendant raises ... THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING THE DEFENDANT'S PURPORTED OUT-OF-COURT STATEMENT, "K.F. DOES IT ALL ... TIME," AS A DECLARATION AGAINST INTEREST. POINT III - THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE ... NOT RAISED BELOW). POINT IV - THE PROSECUTOR VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT UNDER THE FIFTH AMENDMENT AND THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER THE SIXTH AMENDMENT BY INTENTIONALLY ...

docket:	a1604-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	102449

732 NORTH BRUNSWICK TOWNSHIP BOARD OF EDUCATION v. KIMBERLY HARRINGTON -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... General, argued the cause for respondent Commissioner of Education (Gurbir S. Grewal, Attorney General, attorney; Melissa Dutton Schaffer, Assistant Attorney General ... Central Jersey, to the Commissioner asking her to deny CJCP's application. In January and February 2017, appellants North Brunswick and ... that the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (Charter School Act or ... schools regardless as to whether the charter serves that district's community as part of the charter's approved district or region of residence.' A-3415-16T1 ...

docket:	a3415-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
citation:
Document Size:	66225

733 Washington Shopping Center, Inc. v. Washington Township -- rank: 554

... THE TAX COURT COMMITTEE ON OPINIONS February 11, 2021 Lawrence S. Berger, Esq. Berger & Bornstein, LLC 237 South Street P.O ... Dear Mr. Berger and Mr. Allen: This constitutes the court’s opinion following trial of local property tax appeals filed by ... County, New Jersey. The property is identified on Washington Township’s municipal tax map as Block 75, Lot 1 (the â ... constructed in 1996. The subject property also includes a McDonald’s fast-food restaurant located on a 0.9703-acre pad ... site to maintain sufficient water pressure for the shopping center’s sprinkler system. The site is serviced by natural gas and electric. The subject property is located in Washington Township’s HC – Highway Commercial District, permitting uses that include ...

docket:	005517-16
court:	NJ Tax Court
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	87727

734 STATE OF NEW JERSEY v. LUIS A. GONZALEZ -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2). In ... concerning why and on what grounds the police stopped defendant's vehicle, we vacate the order denying the motion to suppress ... On June 20, 2017, members of the Wildwood Police Department's Street Crimes Unit observed defendant and another man walk off ... away from the parking lot. The State asserted that defendant's car was stopped for two reasons: Officer Stevens believed he ... witnessed a drug transaction in the parking lot and defendant's vehicle had illegal tinted windows. After defendant's vehicle ...

docket:	a0878-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-04
status:	Unpublished
citation:
Document Size:	23075

735 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 554

... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the two armed robberies, committed in violation of N.J.S.A. 2C:15-1. In addition, the court sentenced defendant ... of imprisonment for aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(2), and two counts of ... a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b). For the other offenses defendant ... either imposed concurrent terms or merged the convictions. Thus, defendant's aggregate term is forty-seven years imprisonment, with thirty-two ... defendant became very aggravated and demanded the money from Bennett's wallet. Thereafter, defendant took the money from Bennett's ...

docket:	a2423-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	44430