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106 Douglas Trautmann v. Chris Christie -- rank: 468

... Wordprocessor Version This case can also be found at 211 N.J. 300 or 48 A.3d 1005. SYLLABUS (This syllabus ... opinion of the Appellate Division, which is published at 418 N.J. Super. 559 (2011).) Argued May 8, 2012 -- Decided August ... not a “search.” The Court granted certification. 208 N.J. 369 (2011). HELD : The judgment is affirmed substantially for ... Superior Court, Appellate Division, whose opinion is reported at 418 N.J. Super. 559 (2011). Gregg D. Trautmann argued the cause ... in the opinion of the Appellate Division, reported at 418 N.J. Super. 559 (2011). We briefly comment to amplify the ... Chapter 37”), called “Kyleigh’s Law,” which amended N.J.S.A. 39:3-13, the statute that ...

docket:	A-16-11
court:	NJ Supreme Court
decided:	2012-08-06
status:
citation:	211 N.J. 300 48 A.3d 1005
Document Size:	39054

107 STATE OF NEW JERSEY v. JASON V. BROOM-SMITH -- rank: 465

... Wordprocessor Version This case can also be found at 406 N.J. Super. 228, 967 A.2d 359. (NOTE: The status of this decision is unpublished .) NOT ... Law Division, Ocean County, Indictment No. 06-08-1233. Steven E. Nelson argued the cause for appellant (Nelson, Fromer & Crocco, attorneys ... intent to distribute in excess of five ounces of cocaine, N.J.S.A. 2B:12-6 and R ule 1 ... of interest or were actually unavailable. The prosecutor contended that N.J.S.A. 2B:12-6 was broader in scope ... identity of the confidential informant. See State v Spivey , 179 N.J. 229 , 241 (2004). The judge also ruled that ...

docket:	a3526-07
court:	njappellate
decided:	2009-04-03
status:	published
citation:	406 N.J. Super. 228
Document Size:	64822

108 JUDITH SEMLER, ET ALS V. CORESTATES BANK, ET ALS -- rank: 456

... for publication.) This case can also be found at 301 N.J. Super. 164 . NOT FOR PUBLICATION WITHOUT THE APPROVAL OF ... v. CORESTATES BANK, successor by merger to FIRST PENNSYLVANIA BANK, N.A., individually and as Trustee appointed under Deed of Trust ... Defendant CoreStates Bank, successor by merger to First Pennsylvania Bank, N.A., is a co-executor and co-trustee of the ... stock only by taking possession of the stock certificates. See N.J.S.A. 12A:9-304 (security interest perfected by possession); but see also N.J.S.A. 12A:8-321, effective Jan. 16, 1990 ... his other four children. Hank Lenahan and First Pennsylvania Bank, N.A., which was subsequently merged into CoreStates Bank, were ...

docket:	a3808-94
court:	njappellate
decided:	1997-05-22
status:	published
citation:	301 N.J.Super. 164
Document Size:	46683

109 GATEWAY PARK, LLC v. TRAVELERS INSURANCE COMPANY -- rank: 453

... Terkowitz & Hermesmann, attorneys; Patrick D. Heller, on the briefs). Frank E. Borowsky, Jr., argued the cause for respondent (Borowsky & Borowsky, LLC, attorneys; Frank E. Borowsky, of counsel and on the brief; Adam K. Gallagher ... Pennsville Shopping Center Corp. v. American Motorists Insurance Co., 315 N.J. Super. 519 (App. Div. 1998), arguing it required a ... court.' Pitney Bowes Bank, Inc. v. ABC Caging Fulfillment, 440 N.J. Super. 378, 382 (App. Div. 2015). We therefore review ... under the abuse of discretion standard. Cummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996). An abuse of ... on an impermissible basis.'' U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 467-68 (2012) ( ...

docket:	a1221-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-29
status:	Unpublished
citation:
Document Size:	33100

110 STATE OF NEW JERSEY v. KARIM GHODBANE -- rank: 453

... appeals his September 13, 2010 conviction for driving while intoxicated, N.J.S.A. 39:4-50. As a second offender ... was okay." Defendant replied that he was and that "[h]e was just going home." O'Brien asked defendant "if he ... still intoxicated. As we stated in State v. Ebert , 377 N.J. Super. 1, 10 (App. Div. 2005), "[c]learly, the ... a reasonable doubt that a defendant was driving while intoxicated." N.J.S.A. 39:4-50(a) prohibits a motorist ... 0.08% or more." The term "operates," as used in N.J.S.A. 39:4-50(a), has been broadly interpreted. State v. Tischio , 107 N.J. 504 , 513 (1987), appeal dismissed , 484 U.S. ...

docket:	a0875-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	32738

111 STATE OF NEW JERSEY v. ROBERT BUCKELEW -- rank: 440

... guilty in the municipal court of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and the petty disorderly persons offense of disorderly conduct, N.J.S.A. 2C:33-2(a). On appeal to ... also "parked in a suspicious manner in the parking lot," "[e]xactly one car [length] in front of the gas pumps," essentially "[i]n the middle of the parking lot." Officer Franklin exited his ... At one point he was leaning on the wall . . . [h]e had to lean over and lean onto the wall for ... knowledge that Wawa stores do not sell alcohol, pursuant to N.J.S.A. 31:1-12.1 (retailer license " ...

docket:	a4764-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	30818

112 STATE OF NEW JERSEY v. KEVIN JOHNSON -- rank: 440

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, in accordance with a ... and stolen car activities. Frost saw a 1 993 Delta 88 Oldsmobile parked at 611 South 19 th Street near the ... WAS OCCUPYING. U.S. CONST. AMENDS. IV, VI AND XIV; N.J. CONST. (1947), ART. I, PARS. 1, 7, 9 AND ... of fact and determinations of credibility. State v. Locurto , 157 N.J. 463 , 470-71 (1999). We are satisfied from our ... regarding the sequence of events. See State v. Johnson , 42 N.J. 146 , 162 (1964). Defendant's contention to the contrary ... and does not warrant further discussion. R. 2:11-3(e)(2). We address defendant's contentions concerning the propriety ...

docket:	A2675-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-03
status:	unpublished
citation:
Document Size:	36469

113 STATE OF NEW JERSEY v. MARCUS HAGGAN -- rank: 437

... degree crimes: possession of heroin, a controlled dangerous substance, 182 N.J. 112 (2004), the Supreme Court, while emphasizing that "[d ... related to the deliberative process. See State v. Williams , 171 N.J. 151 , 163 (2002). A deliberating juror may not be ... interaction with the other jury members.'" State v. Hightower , 146 N.J. 239 , 254 (1996) (quoting State v. Valenzuela , 136 N.J. 458 , 472-73 (1994)). [ Id. at 125.] The Court ... to finding grounds that are personal to that juror, i.e. , "unrelated to the juror's interaction with the other jury members[,]" State v. Hightower , supra , 146 N.J. at 254 (quoting State v. Valenzuela , 136 N. ...

docket:	a5823-05
court:	njappellate
decided:	2008-09-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36025

114 FRAN BROOKS v. TOWNSHIP OF TABERNACLE -- rank: 434

... them from disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We conclude ... removed the names associated with the email addresses. At least 855 pieces of data were redacted from the log. Kennedy later ... addresses would violate an objectively reasonable expectation of privacy, see N.J.S.A. 47:1A-1, because 'the average citizen ... the factors adopted in Burnett v. Cnty. of Bergen, 198 N.J. 408, 427 (2009), the trial court concluded that: (1 ... violations of OPRA and the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, outweighs any ... been met. O'Shea v. Twp. of W. Milford, 410 N.J. Super. 371, 379 (App. Div. 2009); Asbury Park ...

docket:	a3769-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Unpublished
citation:
Document Size:	50470

115 STATE OF NEW JERSEY v. VICTOR ALVAREZ -- rank: 428

... for his guilty plea to fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(a) or third-degree criminal restraint, N.J.S.A. 2C:13-2. Alvarez's defense counsel ... knew, or should have known, was physically helpless or incapacitated. N.J.S.A. 2C:14-2(a)(7). He was ... and supervision required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and the registration and reporting requirements of Megan's Law, N.J.S.A. 2C:7-1 to -23. Two months ... deportable. Noriega also opined that criminal restraint in violation of N.J.S.A. 2C:13-2(b), is 'likely ...

docket:	a1453-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Published
citation:
Document Size:	37467

116 STATE OF NEW JERSEY v. JENNIFER MULLER -- rank: 428

... guilty in the Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal to the ... 5 the municipal court judge found defendant guilty of DWI, N.J.S.A. 39:4-50, and not guilty of reckless driving, N.J.S.A. 39:4-96. She was sentenced to ... reject these contentions as without merit. R. 2:11-3(e)(2). The function of the Law Division on an appeal ... credibility. R. 3:23-8(a); State v. Johnson , 42 N.J. 146, 157 (1964); State v. Cerefice , 335 N.J. Super. 374 , 382-83 (App. Div. 2000). In ...

docket:	a6036-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	published
citation:
Document Size:	29918

117 STATE OF NEW JERSEY v. MICHAEL DICKERSON -- rank: 428

... Law Division, Hudson County, Accusation No. 06-01-0020. Joseph E. Krakora, Public Defender, attorney for appellant (Michael Confusione, Designated Counsel ... a mandatory extended term for a Graves Act offense. See N.J.S.A. 2C:43-6(c) and 2C:44 ... plea agreement, defendant pled guilty to first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3 ... years with an eighty-five percent parole disqualifier pursuant to N.J.S.A. 2C:43-7.2, plus a concurrent ... After the Supreme Court denied certification, State v. Dickerson , 192 N.J. 70 (2007), defendant filed a PCR petition. He alleged ... 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation of that ...

docket:	a2054-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	18477

118 STATE OF NEW JERSEY v. JOHN C. PETERS -- rank: 428

... CASE OF INEFFECTIVENESS WHEN DEFENSE COUNSEL OPENED THE DOOR TO N.J.R.E. 404(b) EVIDENCE THAT HAD PREVIOUSLY BEEN RULED INADMISSIBLE AGAINST ... 20, 2004) (slip op. at 10-13), certif. denied , 180 N.J. 454 (2004). We rejected defendant's argument that the ... Id. at 9-13. Quoting from State v. James , 144 N.J. 538 , 554 (1996), we observed that the "opening the ... evidence of prior drug transactions, previously deemed inadmissible following the N.J.R.E. 404(b) hearing," and did so "in an attempt ...

docket:	a2388-08
court:	superior court appellate division
decided:	2010-02-11
status:	unpublished
citation:
Document Size:	49473

119 STATE OF NEW JERSEY v. JAMES J. REVIE -- rank: 421

... appeals from his fourth conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial in ... found defendant guilty of all charges. The summonses for speeding, N.J.S.A. 39:4-98; careless driving, N.J.S.A. 39:4-97; failure to keep right, N.J.S.A. 39:4-82; and failure to maintain lane, N.J.S.A. 39:4-88, were merged into the reckless driving charge, leaving the ...

docket:	a3187-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	35832

120 STATE OF NEW JERSEY v. KUNAL GOORIAH -- rank: 421

... appeals from his driving while under the influence (DUI) conviction, N.J.S.A. 39:4-50, in the municipal court ... On appeal, defendant argues: I. THE STANDARDS SET BY THE N.J. COURTS FOR CONVICTION OF A DEFENDANT FOR DUI HAVE ... reject these contentions as without merit. R. 2:11-3(e)(2). The function of the Law Division on an appeal ... the [judge]" to evaluate witness credibility. State v. Johnson , 42 N.J. 146, 157 (1964); see also State v. Cerefice , 335 N.J. Super. 374 , 382-83 (App. Div. 2000). In other ... must make independent findings of fact. State v. Avena , 281 N.J. Super. 327 , 333 (App. Div. 1995) (citing State ...

docket:	a0755-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	19320