Search Rutgers Law Library N.J. Court Opinions

1846 A-52-14 -- rank: 433

... capricious standard that constrains other administrative action. (pp. 9-11) 2. The Parole Act and its implementing regulations set forth the ... curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas , Legal Director, attorney). JUSTICE LaVECCHIA delivered the opinion of ... agency decision for the purposes of appellate review. See R. 2:2-3(a)(2). Acoli appealed, and the Appellate Division reversed. The Appellate Division ... Board panel could certify parole, triggering an inmate’s release; (2) if the Board panel denies parole, the inmate can ...

docket:	A-52-14
court:	NJ Supreme Court
decided:	2016-02-23
status:
citation:	224 N.J. 213 130 A.3d 1228
Document Size:	112241

1847 State of New Jersey v. Thomas A. Cassidy -- rank: 433

... to authorize the search have been met. (pp. 8-10) 2. Although the warrant to search Cassidy’s home arose in ... to search defendant’s home were not satisfied. See footnote 2 Accordingly, because we are confronted with the use in a ... against which the wording of the Fourth Amendment is direct[ed].” State v. Hutchins , 116 N.J. 457 , 463 (1989) (quoting ... U.S. 297 , 313, 92 S. Ct. 2125 , 2134, 32 L. Ed. 2 d 752, 764 (1972)). The predominant exception that courts ...

docket:	a-43-02
court:	njsupreme
decided:	2004-03-30
status:
citation:	179 N.J. 150
Document Size:	55305

1848 DAVID ALLEN v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 433

... John J. Hoffman, Acting Attorney General, attorney for respondent (Marvin L. Freeman, Deputy Attorney General, on the brief). PER CURIAM Petitioner ... only was he "involved in illegal gang activity[,] he maintain[ed] a leadership role in this organization . . . ." Petitioner "demonstrated that he ... 1.3; see also N.J.A.C. 10A:5-2.5(a). "MCU confinement for inmates is not imposed as ... an inmate in MCU. N.J.A.C. 10A:5-2.4. Inmates assigned to MCU are reviewed by the Management ... Review Committee (MCURC) for continued placement in MCU on a 90-day basis. N.J.A.C. 10A:5-2.10(a). At the time relevant here, there also ...

docket:	a0243-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-15
status:	unpublished
citation:
Document Size:	19855

1849 STATE OF NEW JERSEY v. JOHN M. KING -- rank: 433

... ————————— August 2, 2017 Submitted May 25, 2017 – Decided Before Judges Hoffman ... 900 feet behind it. Asked if he was going "about 90, 100 miles an hour to catch up to" the vehicle ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). To show ineffective assistance of counsel, a ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted in State v. Fritz , ...

docket:	a1426-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-02
status:	unpublished
citation:
Document Size:	37197

1850 STATE OF NEW JERSEY v. SAMUEL ALEXANDER -- rank: 433

... to N.J.S.A. 2C:11-3a (1) or (2) (count one); fourth degree unlawful possession of a weapon, contrary ... Release Act (NERA), N.J.S.A. 2C:43-7.2, for the aggravated manslaughter conviction and a concurrent custodial sentence ... sidebar discussion, the jury took lunch and resumed deliberations at 2:35 p.m., and at 4:45 p.m., concluded for the day. On February 2, the jury reconvened at 9:00 a.m. and deliberated ... m., and later took a one hour lunch recess. At 2:50 p.m., the jury informed the court that it ... error was clearly capable of producing an unjust result. R. 2:10-2. Not simply any possibility of an unjust ...

docket:	a0805-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-03-05
status:	Published
citation:
Document Size:	41704

1851 STATE OF NEW JERSEY v. MICHAEL A. TUCKER -- rank: 433

... S.A. 2C:35-5(a)(1), (b)(3) (Count 2); second-degree possession with the intent to distribute heroin within ... to third-degree possession with intent to distribute heroin (Count 2) and fourth-degree possession with intent to distribute marijuana (Count ... the warrant requirement.'" State v. Gonzales , 227 N.J. 77 , 90 (2016) (citation omitted). "New Jersey courts have [repeatedly] recognized that ... 250 N.J. Super. 173, 187-88 (App. Div. 1991). 2 Defendant argues the officers gave no indication they planned to ... California , 496 U.S. 128 , 110 S. Ct. 2301 , 110 L. Ed.2d 112 (1990),] was satisfied in this case because ...

docket:	a1131-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-11
status:	unpublished
citation:
Document Size:	38729

1852 STATE OF NEW JERSEY v. ARSENIO L. DIAZ -- rank: 433

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ARSENIO L. DIAZ, Defendant-Appellant. ________________________________________________ July 7, 2016 Submitted April 18, 2016 ... Special Assistant Prosecutor, on the brief). PER CURIAM Defendant Arsenio L. Diaz appeals from the Law Division's August 19, 2013 ... give the charge. He contended that providing the charge "taint[ed] the jury because they're hearing this coming from the ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). As the Court has said, ...

docket:	a3156-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-07
status:	unpublished
citation:
Document Size:	34368

1853 ESTATE OF CLAUDIA L COHEN v. BOOTH COMPUTERS -- rank: 430

... APPELLATE DIVISION DOCKET NO. A-0319-09T2 ESTATE OF CLAUDIA L. COHEN, by its EXECUTOR RONALD O. PERELMAN, APPROVED FOR PUBLICATION ... for appellant (Gibbons P.C. and Greenbaum, Rowe, Smith & Davis, L.L.C., attorneys; Mr. Griffinger, Kevin McNulty, Lan Hoang and Paul ... Benjamin Clarke argued the cause for respondents (DeCotiis, FitzPatrick & Cole, L.L.P., attorneys; Frank Huttle, III, of counsel; Mr. Clarke, Russell ... s certificate of incorporation, Booth's initial capital contribution was $90,000, for which it received a forty-five percent ...

docket:	a0319-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-13
status:	published
citation:	421 N.J. Super. 134 22 A.3d 991
Document Size:	81551

1854 STATE OF NEW JERSEY v. MICHAEL A. RICHARDS -- rank: 430

... A . 2C:35-5a(1) and 2C:35-5b(3); (2) fourth-degree possession of marijuana with the intent to distribute ... A. 2C:35-5a(1) and 2C:35-5b(12); (2) fourth-degree unlawful possession of a weapon, N.J.S ... Pursuant to an Excessive Sentence Oral Argument calendar under Rule 2:9-11, we remanded for resentencing because the original sentence ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). The defendant also must demonstrate prejudice ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698; State v. Hess , 207 N. ...

docket:	a6203-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-19
status:	Published
citation:
Document Size:	19027

1855 ESTATE OF DONVILLE CAMPBELL, ETC. VS. WOODCLIFF HEALTH \u0026 REHABILITATION CENTER, ET AL. -- rank: 430

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7744-21. Ryan Alan Notarangelo argued the cause for appellant ... curiae New Jersey Defense Association (Cocca & Cutinello, A-3177-22 2 LLP, attorneys; Anthony Cocca and Katelyn E. Cutinello, of counsel ... failure to state a claim pursuant to Rule 4:6-2(e), alleging they owed no duty of care to Mr ... New Jersey A-3177-22 4 COVID-19 Immunity Statute, L. 2020, c. 18, and the Public Readiness and Emergency Preparedness ... denying a motion to dismiss pursuant to Rule 4:6-2(e), applying the same standard governing the trial court. ACLU ... during the public health emergency under the COVID Immunity Statute 2 and are immune from suit and liability under the ...

docket:	a3177-22a3178-22
court:	appellate
decided:	2024-06-25
status:	Published
citation:
Document Size:	68133

1856 STATE OF NEW JERSEY v. STEVEN M. GOODE -- rank: 430

... at the conclusion of a turbulent relationship between him and L.W., a woman who spent weekends as a foster child ... the home of defendant's grandmother, commencing in 1985 when L.W. was sixteen and defendant was 24. The couple became ... romantically involved approximately six months thereafter. By the time that L.W. was seventeen, defendant had assaulted L.W. during the course of an argument. This episode was ... and terroristic threats, periodic break-ups of the relationship between L.W. and defendant, charges against defendant, imposition of a five ... s conduct led to convictions that included aggravated assault on L.W.; uttering terroristic threats against L.W., the couple' ...

docket:	a4664-04
court:	njappellate
decided:	2007-05-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	67674

1857 STATE OF NEW JERSEY v. JAY C. FISHER -- rank: 430

... the statute as unconstitutional. On January 10, 2006, Judge William L. Forester denied the motion and imposed a non-custodial sentence ... information that would tend to incriminate them. In re Martin , 90 N.J. 295 , 331, 447 A.2d 1290 (1982). That ... Hogan , 378 U.S. 1 , 84 S. Ct. 1489 , 12 L. Ed.2d 653 (1964). Although our state constitution does not have ... has been incorporated into our Rules of Evidence." Martin , supra , 90 N.J. at 331, 447 A.2d 1290 ; s ee ... S. 605 , 612-13, 104 S. Ct. 1237 , 1242, 79 L. Ed.2d 552 , 560 (1984). The privilege is implicated ...

docket:	A3026-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-14
status:	published
citation:	395 N.J. Super. 533 929 A.2d 1130
Document Size:	68211

1858 STATE OF NEW JERSEY v. KEVIN C. RAHILLY -- rank: 430

... degree robbery, N.J.S.A. 2C:15-1(a)(2), and related charges. 1 Defendant claims that he was deprived ... of counsel because his lawyer failed to pursue a Miranda 2 hearing and failed to inform him that no surveillance videotape ... Early Release Act, N.J.S.A. 2C:43-7.2. Because his attorney did not advise him that by "pleading ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). The defendant also must demonstrate prejudice ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698; State v. Hess , 207 N. ...

docket:	a1645-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	28976

1859 STATE OF NEW JERSEY v. SHAREEF ALI PASHA -- rank: 430

... Pasha, with murder, N.J.S.A. 2C:43-7.2, and sixty months of parole ineligibility due to the Graves ... U. S . 291, 300, 100 S. Ct. 1682 , 1689, 64 L. Ed.2d 297 , 307 (1980); see also State v. Coburn , 221 ... and do not require that Miranda warnings be given. M.L. , supra , 253 N.J. Super. at 21 (citing United States ... Bombard , 423 U.S. 1090 , 96 S. Ct. 884 , 47 L. Ed.2d 101 (1976);  State v. Cunningham , 153 N.J. ...

docket:	a3664-05
court:	njappellate
decided:	2008-02-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44637

1860 LINDA KUBERT AND DAVID KUBERT v. KYLE BEST, SUSAN R BEST EXECUTRIX OF THE ESTATE OF NICKOLAS J. BEST DECEASED and SHANNON COLONNA -- rank: 430

... Court of New Jersey, Law Division, Morris County, Docket No. L-1975-10. Stephen S. Weinstein, argued the cause for appellants ... McGlone argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., attorneys; Mr. McGlone, of counsel and on the brief ... exposing the driver to a potential sentence in state prison. 2 The issue before us is not directly addressed by these ... the evidence favorably to plaintiffs, the Kuberts. R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... the defendant owed a duty of care to the plaintiff, (2) that the defendant breached that duty, (3) that the ...

docket:	a1128-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	published
citation:	432 N.J.Super. 495 75 A.3d 1214
Document Size:	79432