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1276 STATE OF NEW JERSEY v. WAYNE M. EVANS -- rank: 478

... THOMPSON, WAYNE TOLLER, BRUCE A. EVANS, WAYNE E. EVANS, WAYNE L. EVANS, WAYNE Z. EVANS, WAYNE MEACHUM EVANS, Defendant-Appellant. _________________________________________ April ... 1) and N.J.S.A. 2C:35-5(b)(2) (count 2); and third-degree possession of cocaine with intent to distribute ... COURT. A. N.J.S.A. 2C:43-6(b) [ 2 ] Violates The Sixth Amendment Because It Allows For Increased Punishment ... of review. State v. Walker , 203 N.J. 73 , 89-90 (2010). Although the law does recognize that a defendant's ... Model Jury Charge (Criminal) , "Possession ( N.J.S.A. 2C:2-1)" (2005). "[O]rdinarily the model jury instruction leaves ...

docket:	a0771-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-08
status:	unpublished
citation:
Document Size:	31601

1277 DANIEL CREANGE v. BOROUGH OF BOGOTA -- rank: 478

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3859-09. Catherine M. Elston argued the cause for appellant ... or was ordered to do so by a superior officer. 2 When plaintiff arrived at the station, he overheard Sergeant Lynch ... exchanges in the police station: (1) conduct unbecoming an officer; (2) treatment of prisoners; (3) conduct toward the public; (4) rules ... g. Chief Frank Gurnari Yes ___ No _X_ Vote: 6-0 2. Do you find that Plaintiff, Daniel Creange, has proven by ... U.S. 322 , 326, 99 S. Ct. 645 , 649, 58 L. Ed.2d 552 , 559 (1979) (footnote omitted). Res judicata, or ...

docket:	a1157-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	56378

1278 State v. Eric Clemente Rangel -- rank: 478

... “on another” in N.J.S.A. 2C:14-2(a)(3), as used in the phrase “aggravated assault ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), and second-degree attempted aggravated sexual assault, N ... S.A. 2C:5-1(a)(3) and 2C:14-2(a)(3). At the conclusion of the State’s case ... assault on another” under N.J.S.A. 2C:14-2(a)(3). Defendant contended that the words “on another� ... predicated on violations of N.J.S.A. 2C:14-2(a)(3), and remanded for resentencing on all remaining counts ... the plain language of N.J.S.A. 2C:14-2(a)(3) and a textual reading of the statute ...

docket:	A-88-11
court:	NJ Supreme Court
decided:	2013-04-29
status:
citation:
Document Size:	87860

1279 STATE OF NEW JERSEY V. DANIEL RUSSO -- rank: 478

... A. 2C:34-6 and -7 effective September 15, 1995. 2 Those sections of the Criminal Code are essentially the same ... thereof and his reasons for same. . . ." Section 93-3(C)(2) provides that if the Chief disapproves the application, the governing ... U.S. 750, 755, 108 S. Ct. 2138, 2143, 100 L. Ed. 2d 771 (1988)). The problem with these ordinances is that ... Collingswood , 426 U.S. 901, 96 S. Ct. 2220, 48 L. Ed. 2d 826 (1976), a similar ordinance was invalidated because ...

docket:	a1584-98
court:	New Jersey Superior Court Appellate Division
decided:	2000-02-04
status:	Published
citation:	328 N.J. Super. 181
Document Size:	76455

1280 Halina Jablonowska v. David P. Suther -- rank: 478

... or serious injury to, a spouse or intimate family relation. 2 On October 14 , 2000, Halina Jablonowska and her mother, Jadwiga ... caused the death of, or serious physical injury to, another; 2) the plaintiff shared a marital or intimate familial relationship with ... distress that resulted in substantial bodily injury or sickness; or 2) by stating a prima facie claim for negligent infliction of ... the four elements set forth in Portee . (Pp. 11-17) 2. Applying principles of basic statutory construction to AICRA’s verbal ... resulted in death, Jablonowska instituted this action for emotional distress. 2 The record that Jablonowska sought to present in support of ... objective evidence of permanent bodily injury. See ibid. On April 2, 2004, the court entered an Order memorializing that decision. ...

docket:	a-9-07
court:
decided:	2008-06-10
status:
citation:	195 N.J. 91
Document Size:	140825

1281 PAUL G. BRENNAN, ET AL. VS. BAY HEAD PLANNING BOARD, ET AL. -- rank: 478

... Court of New Jersey, Law Division, Ocean County, Docket No. L-0340-21. Michele R. Donato argued the cause for appellants ... Burkes did not provide adequate notice of their variance application; (2) the BHPB was divested of jurisdiction to continue considering the ... Puorro did not join in the appeal. A-3984-21 2 approval; and (3) Lot 13 merged with other nearby lots ... concerning other lots in the same commonly owned group; and (2) relief pursuant to N.J.S.A. 40:55D-70 ... feet of Warren Place. The ordinance stated the other 79.2 feet of Warren Place would remain, to 'provid[e] egress-ingress to Lots 32 [and] 33 in Block 2, Lots 1 and 13 in Block 3, and Lot ...

docket:	a3984-21
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	74874

1282 State v. Naseem Abdul Muhammad -- rank: 476

... the defense offered as truth at trial. (pp. 13-15) 2. New Jersey�s privilege against self-incrimination, although not enshrined ... the time after defendant�s formal arrest and, therefore, �touch[ed]� on �[d]efendant�s exercise of his Fifth Amendment privilege ... 185 , 197-99, 201-02 (App. Div. 2004). See footnote 2 The panel found that while in custody at headquarters, defendant ... U.S. 610 , 619, 96 S. Ct. 2240 , 2245, 49 L. Ed.2d 91 , 98 (1976) (holding that �the use for impeachment ... S. 231 , 238-39, 100 S. Ct. 2124 , 2129, 65 L. Ed.2d 86 , 94-95 (1980) (holding that Self- ...

docket:	a-88-03
court:	njsupreme
decided:	2005-03-15
status:
citation:	182 N.J. 551
Document Size:	89132

1283 IN THE MATTER OF THE CIVIL COMMITMENT OF R.M. -- rank: 476

... later that night. [R.M.] picked J.P. up at 2:30 a.m. and the two drove for some time ... her that he would see her another night. Another prostitute, L.T., reported that [R.M.] was following her and told ... to get into the backseat of his unmarked police car; L.T. had just finished a "date" with a "John." [R.M.] reportedly questioned L.T. about her activities, wrote down her name and address ... breasts) to see if she had anything underneath. After letting L.T. go, [R.M.] continued following her. L.T. went into another vehicle and performed oral sex ...

docket:	a1468-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	40913

1284 METROPOLITAN DISTRICT OF THE CHRISTIAN AND MISSIONARY ALLIANCE v. COMMUNITY CHURCH OF PARAMUS OF THE CHRISTIAN AND MISSIONARY ALLIANCE, INC. -- rank: 476

... s statement of material facts submitted under Rule 4:46-2(a), although they did submit a brief and a certification ... Wolf , 443 U.S. 595, 99 S. Ct. 3020 , 61 L. Ed.2d 775 (1979). In so holding, the Court found that ... Primative Soc'y of Paterson v. Pilling , 24 N.J.L. 653 (Sup. Ct. 1855); Den v. Bolton , 12 N.J.L. 206 (Sup Ct. 1831)). . . . In Graves , the New Jersey Supreme ... I, ¶ 4). See also Presbyterian Church v. Hull Mem'l Presbyterian Church , 393 U.S. 440 , 449, 89 S. ...

docket:	a1943-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	37741

1285 PENPAC, INC. v. PASSAIC COUNTY UTILITIES AUTHORITY -- rank: 476

... Court of New Jersey, Law Division, ����Passaic County, Docket No. L-3054-01. ����A-0592-01T1 is on appeal from the ... then delayed over one year before issuing the final decision; (2) whether administrative precedence or the prohibition against retroactive ratemaking precludes ... Commissioner on issues (1) and (3) through (6). On issue (2), we conclude that the Commissioner should have awarded limited pre ... Inc. , 552 U.S. 966 , 118 S. Ct. 412 , 139 L. Ed.2d 316 (1997), amended , 135 F.3d 891 (3d Cir ... Co. , a public water company had applied for a $9.2 million increase to its base rates for the 1984 ...

docket:	A0592-01
court:	NJ Superior Court Appellate Division
decided:	2004-03-11
status:	published
citation:
Document Size:	47809

1286 Dorothy Matturi, et al. v. Board of Trustees of the Judicial Retirement System -- rank: 476

... 000 for calendar year 2002. N.J.S.A. 2B:2-4. II ����In separate letters dated January 29, 1999, the ... Board of Trustees of the Judicial Retirement System,� See footnote 2 denied requests made by the Healy and Matturi families for ... cases pursuant to N.J.A.C. 1:1-3.2 The matters were consolidated and the parties stipulated to the ... intended final salaries to be fixed, citing Franklin Tower One, L.L.C. v. N.M. , 157 N.J. 602 , 613 (1999) ("[L]egislative language must not, if reasonably avoidable, be found ...

docket:	a-65-00
court:	njsupreme
decided:	2002-07-24
status:
citation:	173 N.J. 368
Document Size:	72048

1287 HERITAGE AT INDEPENDENCE, LLC v. THE STATE OF NEW JERSEY -- rank: 476

... Court of New Jersey, Law Division, Warren County, Docket No. L-316-07. Richard J. Hoff, Jr., argued the cause for ... Mr. Hoff and Carl S. Bisgaier, on the briefs). Barbara L. Conklin, Deputy Attorney General, argued the cause for respondents (Paula ... significance and recreational opportunities. N.J.S.A. 13:20-2. As the Legislature determined, the then-existing land use and ... regional master plan ("RMP"). N.J.S.A. 13:20-2, -6i, -8. The Highlands Council adopted a final RMP by ... housing zoning." See N.J.A.C. 5:97-5.2. The Highlands Act also delegated responsibility to the DEP to ... basis, where adherence would: (1) imperil public health and safety; (2) interfere with redevelopment in previously developed areas; or (3) ...

docket:	a4645-08
court:	superior court appellate division
decided:	2010-08-18
status:	unpublished
citation:
Document Size:	78560

1288 STATE OF NEW JERSEY v. SADDIQUIE WILLIAMS -- rank: 476

... second-degree aggravated assault, N.J.S.A. 2C:29-2 (count three); third-degree resisting arrest, N.J.S.A. 2C:29-21(2)(a) (count four); and fourth-degree child cruelty, N.J ... at trial under Illinois v. Allen , 397 U.S. 337 , 90 S. Ct. 1057 , 25 L. Ed.2d 353 (1970), and defense counsel agreed. The judge also ... Jersey , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). However, we consider the "clear ...

docket:	a0038-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	52856

1289 ROBERT BROWN, DAVID TOMA, individually et al. v. STATE OF NEW JERSEY, DEPARTMENT TREASURY, DIVISION OF PENSIONS & BENEFITS et al. -- rank: 476

... the Superior Court of New Jersey, Law Division, Middlesex County, L-201- 00. ��������Robert C. Brown argued the cause for appellants ... PFRS members who retired on or after April 1, 1991. L . 1998, c . 281. Plaintiffs claim that those members of PFRS ... under the New Jersey and United States Constitutions See footnote 2 2 ; is special legislation; and violates the Americans With Disabilities Act ... benefits. ����The governor signed Senate Bill 1140 into law, P.L. 1997, c . 281, effective January 6, 1998. The new method ... on accidental disability retirement on or after April 1, 1991. L. 1997, c. 281. II ����Plaintiffs claim that the amendment ...

docket:	A1517-01
court:	NJ Superior Court Appellate Division
decided:	2002-12-17
status:	published
citation:	356 N.J. Super. 71 811 A.2d 501
Document Size:	34750

1290 STATE OF NEW JERSEY v. FORREST SMITH, -- rank: 476

... MOVE FOR A NEW TRIAL PURSUANT TO R. 3:20-2. (Not raised below)���� ����POINT VI����THE SENTENCE IMPOSED UPON THE ... the trial. Illinois v. Allen , 397 U.S. 337 , 338, 90 S. Ct. 1057 , 1058, 25 L. Ed.2d 353 , 356 (1970) (citing Lewis v. United States , 146 U.S. 370 , 13 S.Ct. 136 , 36 L. Ed. 1011 (1892); State v. Hudson , 119 N.J. 165 , ...

docket:	A0894-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-03
status:	published
citation:
Document Size:	29942