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136 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 722

... 229, Plaintiffs, v. TOWNSHIP OF BELLEVILLE, Defendant. _________________________________________________ January 31, 2014 2 Argued February 27 , 2013 - Decided Before Judges Sapp-Peterson, Nugent ... Court of New Jersey, Law Division, Mercer County, Docket Nos. L-1004-10, C-31-10, C-32-10, L-1291-10, L-2287-10, and L-2312-10. James M. Mets argued the cause for appellants ... Jessica S. Swenson, of counsel and on the brief). Paul L. Kleinbaum argued the cause for appellants New Jersey State ...

docket:	a4086-10xx
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	published
citation:
Document Size:	101434

137 Gonzalez v. Ideal Tile Importing -- rank: 720

... Gonzalez v. Ideal Tile Importing (A-53-04) Argued May 2, 2005 -- Decided July 27, 2005 PER CURIAM     The issue in ... never preempt a third-party tort claim. (Pp. 3-4) 2. Preemption may be express or implied. Express preemption is determined ... room for the States to supplement it.’” Gade v. Nat’l Wastes Mgmt. Ass’n , 505 U.S. 88 , 98 (1992 ... SERVICE, ABC COMPANIES 6-10, NAMES BEING FICTITIOUS, JOHN DOES 2-5, NAMES BEING FICTITIOUS and JOHN DOES 6-10, NAMES ... KOMATSU FORKLIFT U.S.A., INC.,     Defendant-Respondent. Argued May 2, 2005 -- Decided July 27, 2005 On appeal from the Superior ... the full purposes and objectives of Congress. [ Gade v. Nat ’ l Wastes Mgmt . Ass’n , 505 U.S. 88 , 98, ...

docket:	a-53-04
court:	njsupreme
decided:	2005-07-27
status:
citation:	184 N.J. 415
Document Size:	53636

138 State v. Al-Muhhye Allah -- rank: 720

... jeopardy because he failed to file a Rule 3:10-2 motion before trial raising that defense. In addition, the Appellate ... petition for certification to challenge this determination. (Pp. 10-15) 2. The plain language of Rule 3:10-2(c) provides that the defense of double jeopardy must be ... Washington , 466 U.S. 688 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). First, counsel's performance must be deficient ... for relief from the waiver provision of Rule 3:10-2(c), and that the double jeopardy claim should be ...

docket:	a-75-00
court:	njsupreme
decided:	2002-01-17
status:
citation:	170 N.J. 269
Document Size:	71605

139 LOUIS HORNBERGER, ROBERT TONKERY et al. v. AMERICAN BROADCASTING COMPANIES, INC., et al. -- rank: 720

... the Superior Court of New Jersey, Law Division, Middlesex County, L- 10768-97,         Neville L. Johnson (Johnson & Rishwain) of the California Bar, admitted pro hac ... broadcast was defamatory and portrayed them in a false light; (2) a portion of the recording of a conversation between two ... did not produce and publish the broadcast with actual malice; (2) on the electronic surveillance claim, plaintiffs had no expectation of ... officer that the same car was "driving around" and "suspicious"; (2) no valid insurance card; (3) Campbell's lie that he ... that PrimeTime Live was a "tabloid television show" which "pander[ed] to voyeuristic desires and other base emotions," demeaned and ...

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

140 CHESTER A. ASHER, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 720

... 272, 15 U.S.C.A. § 381 (“P.L. 86-272”), which generally prohibits states from imposing an income ... 1999, plaintiff had gross sales to New Jersey customers totaling $2,650,853.35. For the following year, plaintiff had gross sales to New Jersey customers totaling $2,746,190.91. For tax year ending September 30, 2001, plaintiff’s gross sales totaled $2,679,591.29. For these three years, gross sales to ... 130,444.74 2000 $ 75,050.31 $14,960.42 $ 90,010.73 2001 $ 31,128.88 $16,865.95 $ 47 ... are non-immune activities and are not protected under P.L. 86-272.” The Director also concluded that these ...

docket:	04061-03
court:
decided:	2006-01-05
status:
citation:
Document Size:	61709

141 STATE OF NEW JERSEY v. DANIEL D. RIVERA, -- rank: 720

... an excited utterance under N.J.R.E. 803(c)(2). We conclude that such a statement, even assuming that it ... cocaine, N.J.S.A. 2C:35-5 and 5-2 (count five); use of paging device while engaged in a ... hearsay rule, embodied in N.J.R.E. 803(c)(2), is for an excited utterance, which is     A statement relating ... N.J. 78 (1969), cert. denied , 397 U.S. 1057 , 90 S. Ct. 1405 , 25 L. Ed.2d 675 (1970).     Here, the trial judge found that ...

docket:	A3802-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-16
status:	published
citation:	351 N.J. Super. 93 797 A.2d 175
Document Size:	46683

142 State of New Jersey v. P.Z. -- rank: 720

... the criminal justice system also protects children. (pp. 9-16) 2. In Miranda , the U.S. Supreme Court determined that a ... Assistant Deputy Public Defender, argued the cause for respondent ( Susan L. Reisner , Public Defender, attorney; Mr. Smith and James Pinchak , Assistant ... 24-4a, and aggravated assault, in violation of See footnote 2 hearing was held in May 1995. Defendant claimed that his ... 5 N.J.S.A. 9:6-8.10a(b)(2)(7). Title Nine also permits the prosecutor to institute a ... Child Abuse: Arrest and Prosecution Decision-Making , 24 Am. Crim. L. Rev. 315, 321 (1986). In some cases, the offender's ... U.S. 1 , 8, 84 S. Ct. 1489 , 1493, 12 L. Ed.2d 653 , 659 (1964), the Fifth Amendment protects “ ...

docket:	a-21-96
court:	njsupreme
decided:	1997-11-26
status:
citation:	143 N.J. 480
Document Size:	140018

143 Riley v. New Jersey State Parole Board -- rank: 717

... result of the dissent in the Appellate Division. See R. 2:2-1(a). The sole issue on appeal as of right ... that SOMA, passed in 2007, was triggered by Riley’s 2 009 Tier 3 Megan’s Law designation and therefore was ... been regarded in our history and traditions as a punishment”; (2) “imposes an affirmative disability or restraint”; (3) “promotes ... Schubert , 212 N.J. 295, 308 (2012). (pp. 17-27) 2. The Court rejects the Parole Board’s argument that it was the 2 009 Tier 3 high-risk designation and not the ...

docket:	A-94-11
court:	NJ Supreme Court
decided:	2014-09-22
status:
citation:	219 N.J. 270 98 A.3d 544
Document Size:	159048

144 State v. Leslie Nelson -- rank: 717

... the aggravating factors outweighed the mitigating ones. (pp. 10-16) 2. The trial court's explanation to the jury that the ... with defendant would make the search go smoothly.     At about 2:00 p.m. that same day, six officers, including McLaughlin ... risk of death to Detective Norcross (the "grave risk" factor); 2) each murder was committed for the purpose of escaping detection ... to constitute a defense to prosecution" (the "emotional disturbance" factor); 2) her "capacity to appreciate the wrongfulness of her conduct or ... U.S. 83, 87, 83 S. Ct. 1194 , 1197, 10 L. Ed.2d 215 , 218 (1963). There are three elements of ...

docket:	a-151-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	155 N.J. 487
Document Size:	133974

145 State v. John Loyal -- rank: 717

... ordinary, knowledgeable citizen acquainted with the facts.” (Pp. 14-24) 2. Individuals are constitutionally protected against being tried twice for the ... in New Jersey -- Or Revived Everywhere Else? , 28 Seton Hall L. Rev. 315, 318-19 (1997). In the case of a ... of the circumstances     and consultation with the former client; or             (2) use information relating to the             representation to the disadvantage of ... or apparent conflicts,     consent to continued representation is     immaterial, and             (2) in certain cases or situations creating              an appearance of impropriety ... 124 , 132 (1993) (quoting Higgins v. Advisory Comm. on Prof'l Ethics , 73 N.J. 123 , 129 (1977)). The appearance of ... Report of the Professional Responsibility Rules Committee , 158 N.J.L.J. 472 (1999), the doctrine's relevance in criminal ...

docket:	a-29-99
court:	njsupreme
decided:	2000-06-27
status:
citation:	164 N.J. 418
Document Size:	141180

146 South Jersey Catholic School Teachers Organization v. St. Teresa of the Infant Church Elementary School -- rank: 717

... I, Paragraph 19 of the State Constitution. (pp. 5-7) 2. The standard for conducting an Establishment Clause analysis is based ... test: 1) the statute must have a secular legislative purpose; 2) its principal or primary effect must be one that neither ... Bishop , 440 U.S. 490 , 99 S. Ct. 1313 , 59 L. Ed.2d 533 (1979), deprived the state courts of subject matter ... at 504-07, 99 S. Ct. at 1320-22, 59 L. Ed. 2d at 543-45, defendants nonetheless maintain that the ...

docket:	a-120-96
court:	njsupreme
decided:	1997-07-24
status:
citation:	146 N.J. 567
Document Size:	85420

147 STATE OF NEW JERSEY VS LLOYD BURGESS -- rank: 715

... Superior Court of New Jersey,         Law Division, Ocean County.         Susan L. Reisner, Public Defender, attorney         for appellant (Michael C. Kazer, Designated ... defendant was "an organizer, supervisor, financier or manager" See footnote 2 in a drug trafficking conspiracy and occupied "a high level ... 121 N.J. 298 , 318-319 (1990); State v. Collier , 90 N.J. 117 , 122 (1982) ( quoting State v. Green , 86 ... Brown , supra ; Clausell , supra ; State v. Martin , 119 N.J. 2 , 15 (1990); State v. Harmon , 104 N.J. 189 , 213 ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). The issue is whether the ...

docket:	a7127-94
court:	njappellate
decided:	1997-02-18
status:	published
citation:	298 N.J.Super. 254
Document Size:	88633

148 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 715

... in the development of our decisional law. (pp. 21-23) 2. Defendant was "in custody" for Miranda purposes. At the very ... made by defendant before being informed of his Miranda rights; 2. The proximity in time and place between the pre- and ... Attorney General of New Jersey, attorney; Ms. Bartolomey and Karen L. Fiorelli , Deputy Attorney General, on the briefs). JUSTICE ALBIN delivered ... Arizona , 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), no rule of law is better understood ... Detective Robert Bava of the Hudson County Prosecutor’s Office. 2 Detective Luster was the only witness to testify at ...

docket:	a-79-06
court:
decided:	2007-12-20
status:
citation:	193 N.J. 148
Document Size:	175425

149 Matsumoto v. Matsumoto -- rank: 715

... Tatsuya nor Kazuko complied with the Order and, on May 2, 1997, a supplemental order to show cause issued, threatening arrest ... dismissal of the appeal a reasonable sanction. (Pp. 10-14) 2. In 1996, the US Supreme Court first declared the doctrine ... Kazuko complied with the order. As a result, on May 2, 1997, a supplemental order to show cause issued, which included ... and custody evaluations before a final custody award issued; and (2) Hyugo's stated desire to live in Japan should, pending ... over Kazuko did not violate the due process clause; and (2) the refusal of Tatsuya and Kazuko to comply with court ... g. , Molinaro v. New Jersey , 396 U.S. 365 , 366, 90 S. Ct. 498 , 498-99, 24 L. Ed.2d ...

docket:	a-81-00
court:	njsupreme
decided:	2002-01-30
status:
citation:	171 N.J. 110
Document Size:	82038

150 State of New Jersey v. Gene Hinton -- rank: 715

... motion to suppress the seized evidence should have been granted; (2) his statements to police were improperly admitted; (3) the courtâ ... pivotal stage in the process is reached. (pp. 16-21) 2. When the Court reviews a ruling applying legal principles to ... expectation of privacy in the object of the search; and (2) the expectation of privacy was reasonable. A tenant’s reasonable ... curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas , Legal Director, attorney). JUSTICE PATTERSON delivered the opinion of ... to distribute, N.J.S.A. 2C:35-5(b)(2), third-degree possession of CDS with intent to distribute within ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). At his bench trial, defendant’ ...

docket:	A-3-12
court:	NJ Supreme Court
decided:	2013-10-24
status:
citation:
Document Size:	138006