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31 /usr/local/share/www/libweb/collections/courts/supreme/a-72-18.opn.html -- rank: 841

SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... Fifth Amendment to the United States Constitution or New Jersey’s common law or statutory protections against self-incrimination. The target ... detectives that defendant Robert Andrews, a former Essex County Sheriff’s Officer, had provided him with information about the investigation and ... defendant, who was later released, and search warrants for defendant’s iPhones, which were seized. Later that day, detectives from the Essex County Prosecutor’s Office interviewed Lowery, who detailed his relationship with Andrews. Lowery ... that the license plate number belonged either to the Prosecutor’s Office or the Sheriff’s Department and advised him ...

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32 STATE OF NEW JERSEY v. ANGELO SCIFO -- rank: 837

... 19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. A.M.S.,1 Defendant-Appellant. ____________________________ Submitted October 26, 2022 – Decided August ... 0343. Joseph E. Krakora, Public Defender, attorney for appellant (Christopher W. Hsieh, Designated Counsel, on the brief). John P. McDonald, Somerset ... a car chase, during which defendant repeatedly rammed the victim's vehicle while she and a second victim ('second victim') were ... PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE AND 2) THE ATTORNEY'S LAY OPINION TESTIMONY REGARDING THE TEXT MESSAGES. POINT III DEFENDANT'S CONSTITUTIONAL RIGHT TO SELF-REPRESENTATION WAS VIOLATED BECAUSE THE TRIAL ... COURT PERMITTED THE PROSECUTOR TO COMMENT IN SUMMATION REGARDING DEFENDANT'S CONDUCT DURING THE TRIAL. POINT V THE PROSECUTOR'S ...

docket:	a4098-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	85633

33 Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc. -- rank: 833

... agreement with Entre in October 1993. Entre alleges that Sun's decision was without good cause and was precipitated by the ... Franchise Act and that the defendants tortiously interfered with Entre's business relationships. Entre sought to enjoin termination of its contract ... by the designated California court.     The Supreme Court granted Entre's petition for certification. HELD :     Forum-selection clauses in franchise agreements ... on the franchisee unfairly on the basis of the franchisor's superior bargaining power. 1. Enforceability of the forum-selection clause ... determined prior to final resolution of the question whether Sun's agreement with Entre constitutes a franchise subject to the Franchise ... the enforceability of forum-selection clauses is based on M/S Bremen v. Zapata Off-Shore Co. , a U.S. ...

docket:	a-104-95
court:	njsupreme
decided:	1996-07-23
status:
citation:	146 N.J. 176
Document Size:	89737

34 State v. Anthony DiFrisco -- rank: 833

... 12, 1986 murder of Edward Potcher, the owner of Jack’s Pizzeria in Maplewood. After being arrested in New York on ... over with.” Franciotti drove DiFrisco from New York to Jack’s Pizzeria in Maplewood. DiFrisco went into the pizzeria while Franciotti ... in the car. DiFrisco ordered a whole pizza because Jack’s did not sell slices, and took a few bites from ... a gun with a silencer. DiFrisco then returned to Franciotti’s car. Potcher’s murder remained unsolved until April 1, 1987, when New Jersey authorities were alerted to DiFrisco’s confession to the crime. DiFrisco had been arrested in ...

docket:	a-30-01
court:	njsupreme
decided:	2002-08-14
status:
citation:	174 N.J. 195
Document Size:	222677

35 State v. Richard Feaster -- rank: 830

... alleging numerous grounds for reversal. The PCR court rejected Feaster’s petition for relief, and he appealed as of right to ... this opinion – whether the prosecutor interfered with a defense witness’s decision to testify in the PCR proceeding and violated Feaster’s rights to due process and compulsory process rights. The witness is Michael Sadlowski, who had been one of Feaster’s closest friends at the time of the murder. There was ... direct physical evidence linking Feaster to the murder. The State’s case was based almost exclusively on the inculpatory statements made ... by friends and acquaintances of Feaster, including Sadlowski. At Feaster’s murder trial, Sadlowski testified, among other things, that on ...

docket:	a-63-03
court:	njsupreme
decided:	2005-07-14
status:
citation:	184 N.J. 235
Document Size:	164244

36 LOUIS HORNBERGER, ROBERT TONKERY et al. v. AMERICAN BROADCASTING COMPANIES, INC., et al. -- rank: 830

... COMPANIES, INC., ABC HOLDING COMPANY, JOAN MARTELLI, PHYLLIS McGRADY, JOHN W. ZUCKER, JOHN QUINONES, RICHARD WALD, JASON D. WILLIAMSON, RAYMOND B ... argued the cause for appellant (Lynch, Teitelbaum & Geldhauser, attorneys; Howard S. Teitelbaum and Mr. Johnson, of counsel and on the brief ... men out of the car, frisked them, searched the car's interior, found no contraband, and released them. Defendant Diane Armstrong, Jason Armstrong's mother, owned the Mercedes.     Defendants Joan Martelli and Anna Sims ... Richard Wald, an ABC vice president, and John Zucker, ABC's attorney, approved the use of the hidden cameras.     With the ... New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34; and (3) defendants ...

docket:	A0783-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-21
status:	published
citation:	351 N.J. Super. 577 799 A.2d 566
Document Size:	138284

37 State v. Daron Josephs -- rank: 826

... apartment together in December of 1994. Emil testified at defendant's trial. According to Emil, he learned from a friend and ... and Junior were selling marijuana from another source at Emil's sales location and pocketing the money for themselves. Emil confronted ... but McLean disarmed him. Emil went to defendant and Junior's bedroom and took their handguns - a nine millimeter and .45 ... defendant and Junior emerge from the front door of Emil's apartment. When Turan Josephs returned to the apartment later that ... the guilt- phase jury from being impermissibly influenced by defendant's prior murder conviction, separate juries were empaneled for the guilt ... the time of the crimes, and thirteen circumstances of defendant's life under the “catch-all” mitigating factor. The jury ...

docket:	a-113-99
court:	njsupreme
decided:	2002-07-15
status:
citation:	174 N.J. 44
Document Size:	215536

38 Oleg v. Brian -- rank: 826

... Capital, LLC (CMC) based on representations about one of CMC's investments, defendant Indigo-Energy, Inc. Plaintiff sued numerous defendants, claiming ... Carr. 2 On summary judgment, the motion court dismissed plaintiff's claims of common law fraud, aiding and abetting fraud, and ... consolidate them for the purpose of this opinion. In plaintiff's appeal, Docket No. A-1064-15, we affirm the motion court's grant of summary judgment on his fraud claim and its imposition of sanctions against him. We reverse the court's grant of summary judgment on his aiding and abetting fraud claim. In defendant's appeal, Docket No. A-1093-15, we vacate the ...

docket:	a1064-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-04
status:	unpublished
citation:
Document Size:	90386

39 SHERMAN V. CITIBANK (SOUTH DAKOTA), N.A. -- rank: 826

... Citibank (South Dakota) credit cards. Sherman claims that: New Jersey's Retail Installment Sales Act of 1960 (RISA) forbids national banks ... to New Jersey customers from charging late-payment fees; Citibank's failure to disclose in its cardmember agreements and advertisements that ... are prohibited by New Jersey law violates the New Jersey's Consumer Fraud Act; and the imposition of the late-payment ... in its statutory definition of "interest." Citibank contends that Sherman's RISA claim, as well as his other claims, conflict with ... Following the institution of suit, the Law Division granted Citibank's motion to dismiss the complaint with prejudice. The Appellate Division affirmed. The Supreme Court granted Sherman's petition for certification. HELD:     Late-payment fees are not " ...

docket:	a-102-94
court:	njsupreme
decided:	1995-11-28
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citation:	143 N.J. 35
Document Size:	152600

40 State v. Richard Feaster -- rank: 822

... a foreign jury be impanelled from Salem County.     At Feaster's trial, the State presented the testimony of a circle of ... that he had "killed the guy" and "blew the dude's head off." Also, Feaster insisted on watching the 11:00 ... a robbery. Slightly less than $200 was taken from Donaghy's pocket after he was shot. Feaster presented ten mitigating factors ... a death sentence. HELD : Any error in the trial court's sequential presentation of own-conduct murder and accomplice-liability murder ... the circumstances presented here, however, any error in the court's sequential presentation of own-conduct murder and accomplice-liability murder ... harmless. Because only one individual pulled the trigger, the jury's finding that Feaster was the shooter necessarily reflected its ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

41 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 818

... Decided May 23, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... that home and a warrantless search of a power company's records of the use of electricity there. Because the trial ... judge erroneously excluded polygraph evidence regarding the truthfulness of defendant's claim that he did not consent to the later search ... violation of See footnote 1 raising the following arguments: DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SHOULD HAVE BEEN GRANTED BECAUSE THE POLICE ENTRY INTO DEFENDANT'S HOME AND THE SEARCH OF HIS HOME VIOLATED THE UNITED ... JERSEY CONSTITUTIONS. A. The Warrantless Thermal-Imaging Scan Of Defendant's Home Constituted An Unreasonable Search. B. The Warrantless Seizure ...

docket:	a6101-02
court:	njappellate
decided:	2005-05-23
status:	published
citation:	377 N.J. Super. 515
Document Size:	128906

42 STATE OF NEW JERSEY v. JAMES J. MAUTI -- rank: 818

... found at 448 N.J.Super. 275 or 153 A.3d 256. (NOTE: The status of this decision is Published .) RECORD ... J. Mauti with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(7); second degree sexual assault, N.J.S.A. 2C:14-2c(1); third degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a; and fourth degree criminal sexual contact, N.J.S.A. 2C:14-3b. At all times relevant to this ... includes internal and sports medicine. The complaining witness is defendant's sister-in-law, "Joanne." 1 The incident that prompted ...

docket:	a3551-12
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	published
citation:	448 N.J.Super. 275 153 A.3d 256
Document Size:	174371

43 STATE OF NEW JERSEY v. EBONEE R. WILLIAMS -- rank: 814

... found at 444 N.J.Super. 603 or 135 A.3d 157. (NOTE: The status of this decision is Published .) NOT ... both defendant and co-defendant Raymond Davila bearing the apartment's address. In the kitchen stove, the officers found three "bricks ... heroin, each containing 150 bags. In a bedroom containing women's clothing and shoes, the officers found: seven "decks" of heroin ... dresser drawer. Also in the bedroom, the officers found defendant's purse, which contained her identification, empty packets of heroin, and ... and Davila were both convicted of conspiracy under N.J.S.A. 2C:5-2 to possess a controlled dangerous substance ... CDS) with intent to distribute in violation of N.J.S.A. 2C:35-5(a)(1), (b)(3); possession ...

docket:	a0591-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	published
citation:	444 N.J.Super. 603 135 A.3d 157
Document Size:	64226

44 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #68 WELFARE FUND v. MERCK & CO., INC. -- rank: 810

... Diogenes P. Kekatos, James A. O’Brien, III, and Jeffrey S. Grand, on the brief; and Lynch, Keefe, Bartels, LLC, attorneys ... Christopher M. Cosley, attorneys; Mr. Lieverman, Thomas M. Sobol, Steve W. Berman, Elizabeth A. Fegan and Christopher Cosley, on the brief ... health risks associated with the drug thereby violating New Jersey's Consumer Fraud Act (the Act), N.J.S.A. 56:8-1 to -20. See footnote 1 Plaintiff claims that ... most health care plans that provide prescription drug benefits, plaintiff's plan utilizes a drug "formulary," which lists prescription and ...

docket:	A0450-05
court:	NJ Superior Court Appellate Division
decided:	2006-03-31
status:	published
citation:
Document Size:	78552

45 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 810

... Police and Fire Public Interest Arbitration Reform Act, N.J.S.A. 34:13A-14 to -16.9, are not limited ... Act also permits interest arbitration of a newly certified unit's first CNA, but subjects that interest arbitration to the two percent salary cap set forth in N.J.S.A. 34:13A-16.7. 06/23/17 STATE OF ... intentional failure to pay New Jersey taxes under N.J.S.A. 54:52-9(a). The offense has two elements ... argued the crime is a continuing one under N.J.S.A. 2C:1-6(c), and the limitations period does not begin running until a defendant's last affirmative act of evasion or avoidance — in ...

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