Search Rutgers Law Library N.J. Court Opinions

31 WANDA BASS-BEY v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC. -- rank: 727

... pursuant to the Federal Employers Liability Act (FELA), 45 U.S.C. A. § 51, to recover damages for workplace injuries ... plaintiff suffered from CTS, which Dr. Brown attributed to plaintiff's work at NJT. After approximately eighteen months as an E ... a janitor, she picked up garbage and swept floors. Plaintiff's CTS progressively worsened during her employment at NJT. Conservative treatments ... the doctor decided to perform a second operation on plaintiff's left hand. On May 31, 2002, an open carpal tunnel release was performed on the palm of plaintiff's left hand. After a month of post-operative physical therapy ... Dr. Tan performed an open carpal tunnel release on plaintiff's right hand. She responded well to that procedure. As ...

docket:	a4706-04
court:	njappellate
decided:	2006-07-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52069

32 STATE OF NEW JERSEY v. MARQUIS GILCHRIST -- rank: 727

... raped. On March 15, 2005, the trial court considered defendant's motion "for an order directing the prosecutor to provide the ... 3:13-3(c), the Sixth Amendment of the U.S. Constitution, and Art. 1, ¶ 10 of the New Jersey Constitution." The trial court granted defendant's motion but stayed the order pending the State's interlocutory appeal. We now reverse.     On November 20, 2003, at ... back. After searching for items to steal from M.C.'s apartment, the intruder told M.C., "you have no money ... of the police, defendant voluntarily provided a DNA sample. Defendant's DNA sample matched the DNA samples taken from the ...

docket:	a4561-04
court:	njappellate
decided:	2005-11-03
status:	published
citation:	381 N.J. Super. 138
Document Size:	27287

33 STATE OF NEW JERSEY v. PHILLIP PARSONS, -- rank: 724

... motion to withdraw a guilty plea based upon the State's concealment of exculpatory evidence. We hold that the court should ... there is a reasonable probability that but for the State's failure to disclose, the defendant would not have pled guilty ... we conclude that the Law Division erred by denying defendant's motion to retract. I.     We need not recount the facts ... and arrested both Parsons and Carmen. A search of Carmen's clothing revealed marijuana and a set of keys. While waiting ... Parsons filed a motion seeking the release of Detective Marshall's personnel records. In his documentary submissions accompanying the motion, Parsons ... then moved to withdraw his guilty plea, citing the State's discovery violation. In his accompanying affidavit, Parsons' attorney represented ...

docket:	a3292-99
court:	njappellate
decided:	2001-06-26
status:	published
citation:	341 N.J. Super. 448
Document Size:	26216

34 GLENN HEDDEN v. KEAN UNIVERSITY -- rank: 717

... production of an e-mail sent by the head women's basketball coach at Kean University to the University's general counsel, that the University claims is protected by the ... by way of background, plaintiff Glenn Hedden is the University's former athletic director. In that capacity, he supervised Michele Sharp, who was the head women's basketball coach at the University. Plaintiff was terminated on May ... for violations of NCAA rules in connection with its women's basketball program. Plaintiff responded by filing a complaint against the ... in violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (CEPA), for reporting ...

docket:	a4999-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-24
status:	published
citation:	434 N.J.Super. 1 82 A.3d 238
Document Size:	55199

35 STATE OF NEW JERSEY v. JOHN WESSELLS -- rank: 714

... A. A., P.J.A.D. We granted the State's motion for leave to appeal from the grant of defendant ... m., Newark Homicide Detective Murad Muhammad and Essex County Prosecutor's Detective Marquise Carter went to defendant's home and arrested him on a traffic warrant. He was ... he quarreled with Bellush over a car or money. Bellush's friends assaulted defendant. According to Muhammad, the interrogation was terminated ... charged with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 & 11-3(a); purposeful or knowing murder by use of a handgun, N.J.S.A. 2C:5-1 & 11-3(a); second-degree ...

docket:	a1545-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-09
status:	published
citation:	408 N.J. Super. 188 974 A.2d 427
Document Size:	58359

36 STATE OF NEW JERSEY v. JULIO F. RIVERA -- rank: 714

... police officer and creating a risk of injury, N.J.S.A. 2C:29-2(b), and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(6), as well as the ... ineligibility pursuant the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. We discern ... from the record on appeal, including the transcript of Rivera's trial. Rivera and co-defendant Elvin Caballero were indicted in ... convicted. Caballero was charged with receiving stolen property, N.J.S.A. 2C:20-7(a), and resisting arrest, N.J.S.A. 2C:29-2(a)(2), -2(a)(3)( ...

docket:	a3087-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	62386

37 Andrew Hojnowski v. Vans Skate Park, et als. -- rank: 714

... Inc. (Vans). On a previous visit to the facility, Andrew’s mother had executed a release on Andrew’s behalf, which was required in order for Andrew to enter ... arbitration and invalidate the pre-injury release signed by Andrew’s mother and Vans cross-moved for summary judgment. The trial ... On appeal, the Appellate Division unanimously affirmed the trial court’s grant of summary judgment in respect of the validity of ... argued that the court should have deferred to the parent’s decision to enter into the agreement and, hence, should have ... minor child to a pre-injury release of a minor’s prospective tort claims resulting from the minor’s use ...

docket:	a-17-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	111029

38 NEGRON v. LLARENA -- rank: 707

... action was subsequently transferred by the court to the U.S. District Court for the District of New Jersey. Shortly thereafter ... voluntarily dismissed, without prejudice, on the ground that the U.S. District Court did not have subject matter jurisdiction.     Subsequently, Negron ... motion and tolled the statute of limitations, thus allowing Negron's action to proceed.     Llarena appealed. In an unreported decision, the Appellate Division reversed the trial court's denial of the defendants' motion for summary judgment, concluding that ... two-year limitation in the wrongful death act barred Negron's claim in state court.     The Supreme Court granted Negron's petition for certification. HELD: Negron has substantially complied with ...

docket:	a-14-97
court:	njsupreme
decided:	1998-07-23
status:
citation:	156 N.J. 296
Document Size:	73103

39 STATE OF NEW JERSEY V. ALEX FLOREZ -- rank: 707

... and consummate the sale. The paid informant was the State's primary witness.     In this case the police used a "reverse ... metropolitan area. To implement the sting, the Somerset County Prosecutor's Office hired Nicholas Copola as a confidential informant. Copola's responsibility was to pass the word that a large-quantity ... in excess of $100,000. As a result of Copola's efforts, he earned over $130,000.     On January 2, 1990 ... State should have been required to disclose the principal informant's true identity, and further indicated that Florez's discovery rights had been violated and that the trial ...

docket:	a-27-93
court:	njsupreme
decided:	1994-01-27
status:
citation:	134 N.J. 570
Document Size:	65347

40 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 704

... Ms. Grayson and Elena K. Weitz, on the briefs). Jeffrey S. Chiesa, Attorney General, amicus curiae (Carol M. Henderson, Assistant Attorney ... a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the ... of Domestic Violence Act of 1991 (DV Act), N.J.S.A. 2C:25-17 to -35. Smith's application for the TRO was premised on her allegation that ... charged with third-degree terroristic threats, contrary to N.J.S.A. 2C:12-3(b) (count one); fourth-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(4) (count two); and ...

docket:	a5469-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	published
citation:	427 N.J.Super. 314 48 A.3d 419
Document Size:	40229

41 STATE OF NEW JERSEY VS KENNEDY SMITH -- rank: 697

... indictment charging defendant with first degree attempted murder ( 411 U.S. 258 , 267, 93 S.Ct. 1602 , 1608, 36 L.Ed.2d 235 , 243 (1973); State ... entry of the guilty plea." Tollett v. Henderson , 411 U.S. at 267, 93 S.Ct. at 1608, 36 L.Ed. 2d at 243. See ...

docket:	a1205-94
court:	njappellate
decided:	1997-12-29
status:	published
citation:	306 N.J.Super. 370
Document Size:	35124

42 M.C. Machinery Systems, Inc. V. Maher Terminals, Inc. -- rank: 691

... the Court considers the extent of a marine terminal operator's liability for damage caused to a shipper's plastic injection molding machine while it was being stored in ... pursuant to which Maher agreed to discharge cargo from Hapag's vessels and provide storage for the cargo until the consignee ... hauled from the stringpiece to a storage area in Maher's terminal where the cargo was stored. Six days after the cargo arrived, one of Maher's crane operators was lifting the molding machine off the mafi ... it on the ground in preparation for M.C. Machinery's trucker's pickup, when a cable slipped, causing the ...

docket:	a-117-98
court:	njsupreme
decided:	2000-06-29
status:
citation:	164 N.J. 192
Document Size:	85407

43 STATE OF NEW JERSEY v. JOEY RICHBURG -- rank: 691

... County Prosecutor, attorney; Ms. Rourk, on the brief). Dennis D.S. McAlevy argued the cause for respondent. PER CURIAM We granted ... trial court erred in determining the 9-1-1 "caller's identification of defendant as Joey Richburg is testimonial and must ... the line for the EMS ok. Q2 2 . (inaudible) what's your emergency). A. Um right outside between 114 and 116 ... i-c-h-b-u-r-g. . . . . Q. Ok that's the guy standing on the corner. A. He just went ... and therefore it could readily be maintained that the victim's statements after the defendant's flight were testimonial." Supra , 547 U.S. at 828- ...

docket:	a3308-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	41883

44 STATE OF NEW JERSEY v. JOSEPHINE CASTAGNA -- rank: 687

... stipulating to the admissibility of the results of that witness's polygraph examination, a defendant has a constitutional right to confront ... of the polygraph, as a means of impeaching that witness's credibility. As a matter of fundamental fairness, we also hold ... to D'Amico, we further hold that his trial counsel's performance fell far below the standard of competence expected of ... injury to the victim, resulting in his death, N.J.S.A. 2C:437-.2, and to consecutive seven-year terms ... percent period of parole ineligibility pursuant to NERA. N.J.S.A. 2C:43-7.2. As an express condition of ... BAR AND THUS A DENIAL OF THE 14TH AMENDMENT U.S. CONST. AND DUE PROCESS-EQUAL PROTECTION RIGHTS , TO PERFECT ...

docket:	a4471-01
court:	njappellate
decided:	2005-04-12
status:	published
citation:	376 N.J. Super. 323
Document Size:	91243

45 STATE OF NEW JERSEY v. JOSEPHINE CASTAGNA -- rank: 687

... stipulating to the admissibility of the results of that witness's polygraph examination, a defendant has a constitutional right to confront ... of the polygraph, as a means of impeaching that witness's credibility. As a matter of fundamental fairness, we also hold ... to D'Amico, we further hold that his trial counsel's performance fell far below the standard of competence expected of ... injury to the victim, resulting in his death, N.J.S.A. 2C:437-.2, and to consecutive seven-year terms ... percent period of parole ineligibility pursuant to NERA. N.J.S.A. 2C:43-7.2. As an express condition of ... BAR AND THUS A DENIAL OF THE 14TH AMENDMENT U.S. CONST. AND DUE PROCESS-EQUAL PROTECTION RIGHTS , TO PERFECT ...

docket:	a4530-01
court:	njappellate
decided:	2005-04-12
status:	published
citation:	*CITE_PENDING*
Document Size:	91219