Search Rutgers Law Library N.J. Court Opinions

46 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:	a6863-01
court:	njappellate
decided:	2005-04-12
status:	published
citation:	*CITE_PENDING*
Document Size:	91219

47 STATE OF NEW JERSEY v. WILLIAM REHMANN, JR -- rank: 684

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3291-09T3 S APPROVED FOR PUBLICATION April 29, 2011 APPELLATE DIVISION TATE OF ... supervised but did not actually perform the test on defendant's blood sample. We reject this argument and affirm. Following a ... driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50, reckless driving, N.J.S.A. 39:4-96, careless driving, N.J.S.A. 39:4-97, and failure to wear a seatbelt, N.J.S.A. 39:3-76.2(f). At trial in ...

docket:	a3291-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:	419 N.J. Super. 451 17 A.3d 278
Document Size:	27728

48 STATE OF NEW JERSEY v. MICHAEL CARRERO -- rank: 681

... Mitchell, Deputy Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General, attorney; Ms. Mitchell, of counsel and on ... Toms River Township with driving while intoxicated ("DWI"), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; failure to maintain his vehicle in its lane, N.J.S.A. 39:4-88(b); and delaying traffic, N.J.S.A. 39:4-56. The DWI charge against Carrero apparently ... proceedings] and/or trial in this matter[.] [Emphasis added.] Carrero's attorney requested this inspection in order to verify that ...

docket:	a3232-11
court:	New Jersey Superior Court Appellate Division
decided:	2012-10-23
status:	Published
citation:	428 N.J.Super. 495 54 A.3d 318
Document Size:	56134

49 STATE OF NEW JERSEY v. MICHAEL CARRERO -- rank: 681

... Mitchell, Deputy Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General, attorney; Ms. Mitchell, of counsel and on ... Toms River Township with driving while intoxicated ("DWI"), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; failure to maintain his vehicle in its lane, N.J.S.A. 39:4-88(b); and delaying traffic, N.J.S.A. 39:4-56. The DWI charge against Carrero apparently ... proceedings] and/or trial in this matter[.] [Emphasis added.] Carrero's attorney requested this inspection in order to verify that ...

docket:	a4319-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-23
status:	published
citation:
Document Size:	55459

50 Payton v. New Jersey Turnpike Authority -- rank: 677

... entitled to obtain for the purpose of establishing the employer's liability based on its alleged failure to respond to her ... Authority raised these actions as an affirmative defense to Payton's complaint, claiming that, by its response to her complaint of ... Committee had completed a confidential review of the EEO Officer's report and that, on April 25, l995, its commissioners had ... sanctions.     In order to gauge the validity of the Authority's affirmative defense that it had effectively remedied the harassment, Payton ... privilege of self-critical analysis.     The Appellate Division granted Payton's motion for leave to appeal and vacated the protective order ... information relating to the extent and timing of the Authority's investigation, the information gleaned from that investigation, the Authority' ...

docket:	a-91-96
court:	njsupreme
decided:	1997-03-26
status:
citation:	146 N.J. 495
Document Size:	88053

51 CAROL TARR v. BOB CIASULLI'S MACK AUTO MALL, INC. -- rank: 671

... 6383-04T36383-04T3 CAROL TARR, Plaintiff-Respondent, v. BOB CIASULLI'S MACK AUTO MALL, INC., Defendant-Appellant. ________________________________________________________________ Argued January 10, 2007 ... and several of his wholly-owned corporations, including defendant Ciasulli's Mack Auto Mall, Inc. A jury found defendant liable for ... awarded a new trial on damages. Tarr v. Bob Ciasulli's Mack Auto Mall, Inc. , 360 N.J. Super. 265 , 280 ... a jury awarded plaintiff $25,000 in compensatory damages and $85,000 in punitive damages. The trial judge awarded plaintiff $165,229.39 in attorney's fees, $7,689.20 in costs, and added $7,930 ... a total judgment of $290,848.73. This time, defendant's appeal challenges (1) the attorney's fees and costs ...

docket:	a6383-04
court:	njappellate
decided:	2007-02-26
status:	published
citation:	390 N.J. Super. 557
Document Size:	57836

52 STATE OF NEW JERSEY v. ANTHONY MILLER -- rank: 667

... Anthony Miller was convicted of first degree robbery, N.J.S.A. 2C:15-1. The judge imposed a ten-year ... were also imposed by the judge. According to the State's proofs, on December 3, 2003 between 8:35 a.m ... became concerned that someone was going to notice the waitress's demeanor. He told the waitress to get someone else to ... waitress was sweating, shaking, and extremely frightened. Heron said, "It's probably somebody just joking with you." The waitress described the ... through the front door. Defendant was already gone. The restaurant's surveillance video camera tape revealed defendant walking up to the ... he had. Then on summation, the Assistant Prosecutor said: It's convenient for [defendant] to sit here today after he ...

docket:	a5896-04
court:	njappellate
decided:	2007-06-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	68785

53 STATE OF NEW JERSEY v. TYRONE J. HOWARD -- rank: 667

... four counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (counts one, two, three ... count of lesser-included second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count five); and two counts ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts six and seven). On ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a), on counts one through ... and the sentence. We affirm. The charges arose from defendant's sexual molestation of A.L. and M.M., the daughters ... old living that were being sexually abused by the mom's boyfriend." Letts then contacted Detective Nancy Diaz of the ...

docket:	a3395-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	60625

54 CITY OF ATLANTIC CITY v. ACE GAMING, LLC -- rank: 661

... ………80 I. Introduction . This is the court's determination with regard to property tax appeals filed by both ... Director of the Division of Taxation pursuant to N.J.S.A. 54:1-35(a) to 35(c) ( L. 1973 ... 000 for tax year 1999. The reasoning for the court’s decision is set forth below. II. Procedural History . For tax ... of Taxation (hereinafter the “Board”) pursuant to N.J.S.A. 54:3-21. After a hearing was held, the Board issued its judgment reducing the Subject Property’s overall assessment to $228,000,000, with $36,039,000 ... City appealed to the Tax Court pursuant to N.J.S.A. 54:51A-1, seeking review of Board’s ...

docket:	00157-97
court:
decided:	2006-05-12
status:
citation:
Document Size:	361722

55 STATE OF NEW JERSEY VS CHESTER LEE BOWSER -- rank: 657

... Lee Bowser, was convicted of first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:20-3a and N.J.S.A. 2C:2-6 (count two); fourth-degree aggravated assault, N.J.S.A. 2C:39-4a and N.J.S.A. 2C:2-6 (count four); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:2-6 (count five).     Defendant was sentenced ...

docket:	a5173-94
court:	njappellate
decided:	1997-01-31
status:	published
citation:	297 N.J.Super. 588
Document Size:	42982

56 STATE OF NEW JERSEY v. CARLOS FEAL -- rank: 644

... murder of his live-in girlfriend, Julia Torres, N.J.S.A. 2C:39-5b. The judge merged the first two ... J. 80 , 96 (2004). The prosecutor improperly commented on defendant's ability generally to tailor his testimony, mainly because he testified ... entrance wound. This indicated that the distance between the gun's muzzle and victim was between six and twenty inches. There ... gun could have caused this injury. The bullet entered Torres's chest cavity, moved through the lung, went through her heart ... went through the kidney and exited the body. The bullet's path was from left to right and downward from front ... the bullet wound. There was no gunshot residue on Torres's hands, forearms or body except for that on the ...

docket:	A0606-03
court:	NJ Superior Court Appellate Division
decided:	2007-03-27
status:	unpublished
citation:
Document Size:	73379

57 Accutane Litigation -- rank: 644

... two issues. The first is what law governs whether Roche’s label warnings were adequate -- the law of each of the ... label warnings for the period after April 2002. Because Roche’s warnings received the approval of the FDA, they enjoy a “rebuttable presumption” of adequacy under New Jersey’s Products Liability Act (PLA). See N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater ... their pharmacies. The FDA reviewed and approved each of Roche’s warning tools. 1 Plaintiffs focus on excerpts from several internal ... took Accutane in 44 other jurisdictions. The court granted Roche’s motion for summary judgment, determining that plaintiffs failed to ...

docket:	a-26-27-17
court:	NJ Supreme Court
decided:	2018-10-03
status:
citation:
Document Size:	138984

58 CAROL TARR v. BOB CIASULLI'S MACK AUTO MALL, INC. -- rank: 637

... may not have been summarized). Carol Tarr v. Bob Ciasulli’s Mack Auto Mall, Inc. (A-19-07) (NOTE: This Court ... wrote no full opinion in this case. Rather, the Court’s affirmance is based substantially on Judge Lefelt’s written opinion below.) Argued January 22, 2008 -- Decided March 27 ... the Legislature, in enacting the Punitive Damages Act, N.J.S.A. 2A:15-5.9 to -5.17 (Act), intended ... sexual harassment in the workplace complaint against defendant, Bob Ciasulli’s Mack Auto Mall, Inc. In the first appeal, the Supreme Court affirmed the Appellate Division’s remand for a new trial on damages. On remand, ...

docket:	a-19-07
court:
decided:	2008-03-27
status:
citation:	194 N.J. 212
Document Size:	45723

59 CHARLOTTE M. BROOK VS JEFFREY A. APRIL, ET AL -- rank: 631

... in this legal malpractice action appeals from the trial court's grant of defendants' motion for summary judgment and its denial of plaintiff's motion for summary judgment on a single issue, based upon the trial court's understanding of the requirements of the Tort Claims Act, N.J.S.A. 59:1-1 to :12-3. The motion judge held that plaintiff's underlying claims for wrongful discharge, grounded upon the Workers' Compensation Law's prohibition against retaliation, N.J.S.A. 34:15- ...

docket:	a6140-94
court:	njappellate
decided:	1996-09-30
status:	published
citation:	294 N.J.Super. 90
Document Size:	28881

60 PAUL TRACTENBERG v. TOWNSHIP OF WEST ORANGE -- rank: 631

... exemption of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Five months before the ... N.J. 274 (2009), the trial court determined that OPRA's deliberative process exemption applied to those portions of the appraisals ... removing trees. In 2004, the parties entered into a "Developer's Agreement" that required WEHI to donate twenty-five acres to ... 2005. The letter essentially provided an overview of West Orange's efforts to preserve the Highlands as open space and expressed the mayor's preference that there be the "least intrusive use and development" of the Highlands. Mayor McKeon's letter also advised that: the market value of this ...

docket:	a2556-08
court:	superior court appellate division
decided:	2010-09-16
status:	published
citation:	416 N.J. Super. 354 4 A.3d 585
Document Size:	71258