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2176 State of New Jersey v. Andrew Higginbotham -- rank: 408

... work, taken as a whole, appeals to the prurient interest”; (2) “the work depicts or describes, in a patently offensive ... of his own home is constitutionally protected. (pp. 13-14) 2. In New York v. Ferber, the Court recognized a separate ... stimulation or gratification of any person.” (pp. 19-21) 2 5. The first step in any overbreadth analysis is to ... 2023). Argued Decided November 29, 2023 May 8, 2024 Michael L. Zuckerman, Deputy Solicitor General, argued the cause for appellant (Matthew ... Platkin, Attorney General, attorney; Jeremy M. Feigenbaum, Solicitor General, Michael L. Zuckerman, Mercedes N. Robertson and Liza B. Fleming, Deputy Attorneys ... Alison Gifford, of counsel and on the briefs, and Taylor L. Napolitano, Assistant Deputy Public Defender, on the briefs). Alycia ...

docket:	a_57_22
court:	supreme
decided:	2024-05-07
status:	Published
citation:
Document Size:	84092

2177 STATE OF NEW JERSEY v. REGINALD SMITH -- rank: 408

... Kaflowitz, Assistant Prosecutor, of counsel and on the brief; Patricia L. Cronin, on the brief). PER CURIAM Defendant, Reginald Smith, appeals ... term, with 85% parole ineligibility under NERA , on count two; (2) to a consecutive six-year term, with 85% parole ineligibility ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). However, we find merit in the claims presented in Points ... skill, training or experience to evaluate the dog's actions. 2. Once qualified as an expert, the handler must give testimony ... fact that he ran after being confronted by Carasio; and (2) defendant had no idea he was being pursued and ...

docket:	A2481-04
court:	NJ Superior Court Appellate Division
decided:	2007-05-17
status:	unpublished
citation:
Document Size:	103455

2178 MICHEL SALAZAR-LINDEN v. BOARD OF EDUCATION OF THE TOWNSHIP OF HOLMDEL -- rank: 408

... Attorney General, attorney for New Jersey Commissioner of Education (Jennifer L. Campbell, Deputy Attorney General, on the brief). PER CURIAM Appellant ... been reappointed for the 2007-08 school year, commenced the 90-day period. The ALJ rejected appellant's arguments that a ... novel constitutional issue existed to justify a relaxation of the 90-day rule. Appellant then filed an appeal with the Commissioner ... appeal, appellant asserts that her claim was timely filed within 90 days of when "she knew or should have known of ... violation of her tenure rights" or in the alternative, the 90-day filing time should have been relaxed. Appellant first contends ... v. B d. o f Educ. of Rut h erford , 90 N.J. 63 (1982). Appellant did not have tenure ...

docket:	a6088-07
court:	superior court appellate division
decided:	2009-10-28
status:	Unpublished
citation:
Document Size:	52474

2179 STATE OF NEW JERSEY v. ANTHONY BOGAN -- rank: 408

... U.S. 27 , 31, 127 S. Ct. 2038 , 2041, 150 L. Ed.2d 94 , 100 (2001); see also State v. Sullivan , 169 ... U.S. 170 , 178, 104 S. Ct. 1735 , 1741, 80 L. Ed.2d 214 , 224 (1984) (Powell, J., concurring)). Our courts therefore ... U.S. 297 , 313, 92 S. Ct. 2125 , 2134, 32 L. Ed.2d 752 , 764 (1972)). Defendant contends that the police ...

docket:	a4155-05
court:	njappellate
decided:	2008-02-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66698

2180 STATE OF NEW JERSEY v. RENZO RODRIGUEZ -- rank: 408

... the troopers did not have probable cause to arrest him. 2 Initially, the municipal court denied defendant's motion. The Law ... the Law Division judge properly remanded the suppression motion and (2) because there was substantial, credible evidence in the record to ... a different municipal judge presided over the remand on June 2, 2010. Realizing that he could not rely on his predecessor ... Jorn , 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971) (barring retrial on double jeopardy-grounds because ... appear for the adjourned hearing date, pursuant to Rule 1:2-4(a). Id. at 414. In reaching this decision, ...

docket:	a1270-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-07
status:	unpublished
citation:
Document Size:	48138

2181 STATE OF NEW JERSEY v. HASHONA CLARK -- rank: 408

... Court of New Jersey, Law Division, Atlantic County, Indictment No. 90-05-1489. Yvonne Segars-Smith, Public Defender, attorney for appellant ... robbery, in violation of N.J.S.A. 2C:5-2 and 137 N.J. 166 (1994). We briefly summarize the ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Defendant agreed to give a statement and ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). The attorney's errors must ...

docket:	A2865-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-03
status:	unpublished
citation:
Document Size:	59708

2182 STATE OF NEW JERSEY v. CHRISTOPHER M. CHAVIES, -- rank: 408

... the clear capacity to produce an unjust result. See R. 2:10-2. We therefore reverse defendant's murder conviction and remand for ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2, to a murder conviction in the event defendant is convicted ... error was "clearly capable of producing an unjust result." R. 2:10-2. The error must be "sufficient to raise a reasonable doubt ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L.Ed.2d 797 (1970).]���� ...

docket:	a6418-99
court:	njappellate
decided:	2001-11-09
status:	published
citation:	345 N.J. Super. 254
Document Size:	53944

2183 KATHRYN CASEY and SHEILA GAGLIANO v. AMBOY BANCORPORATION -- rank: 408

... because it was "commonly used" and close to the 7.2% median capital level for Griffing's guideline banks. Griffing derived ... 92.75 per share without a control premium. See footnote 2 ����Clarke recognized three of the types of valuation that Sheshunoff ... justification for increasing the more-typical 12% rate by "a 2 percent company-specific risk factor," and that doing so served ... subtract any amount to represent Amboy's "company-specific risk." ����2.���� David Budd of McConnell, Budd & Romano . Budd testified that he ... it was willing to project a return on assets of 2% "going forward to infinity," but it had to account for ... stock for stock pooling transactions again seemed most realistic, given 90% of all acquisitions at the time were for stock. ...

docket:	A0715-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-10
status:	unpublished
citation:
Document Size:	115370

2184 STATE OF NEW JERSEY v. ISAAC D. CANDELARIO -- rank: 408

... aggravated assault, N.J.S.A. 2C:12-1(b)(2), (b)(7) (counts one and six), a lesser included offense ... VIDEOTAPED DEPOSITION TO THE JURY PURSUANT TO R. 3:13-2 AND THE COURT'S DENIAL OF [DEFENDANT'S] ADJOURNMENT APPLICATION ... him unable to testify, as required by Rule 3:13-2. The judge denied defendant's motion to allow Dr. Barnes ... the testimony of such witness be taken . . . . [ R. 3:13-2(a).] The requirements are repeated in the provisions of the ... of death or physical or mental incapacity." R. 3:13-2(c). The use of deposition testimony in criminal trials is ... the Supreme Court Committee on Criminal Practice, 118 N.J.L.J. Index Page 139 (1986), '[t]he use of ...

docket:	a2491-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	51726

2185 STATE OF NEW JERSEY v. LUIS COTTO -- rank: 408

... assessments. N.J.S.A. 2C:43-3.1, -3.2, -3.7. Shortly after 2:00 a.m. on August 27, 2009, defendant left a ... at the time, our review is for plain error. R. 2:10-2. Absent objection, courts reverse only if there is "[l]egal impropriety in the charge prejudicially affecting the substantial rights ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970)). ...

docket:	a1315-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-10
status:	unpublished
citation:
Document Size:	31186

2186 KELLAM ASSOCIATES, INC. v. ANGEL PROJECTS, LLC, et al. -- rank: 408

... from Superior Court of New Jersey, Law Division, Sussex County, L-369-00. ��������Cuyler Burk, attorneys for appellant (Edgar M. Whiting ... the "Annual Rent") for the next year. ����The CPI increased 2.2% from January 1, 1998 to January 1, 1999. Without dispute ... adjusted the rent for the year 1999 by applying the 2.2% to the $212,000, resulting in annual rent for 1999 ... 1999 to January 1, 2000, the CPI again increased by 2.2%. Intrawest contended the annual rent for the year ...

docket:	A2603-01
court:	NJ Superior Court Appellate Division
decided:	2003-01-22
status:	published
citation:	357 N.J. Super. 132 814 A.2d 642
Document Size:	24633

2187 /usr/local/share/www/libweb/collections/courts/trial/state-v-halloran.opn.html -- rank: 408

... registered his Hamburg residence with local law enforcement. On February 2, 2011, defendant registered with the Roxbury Police Department and advised ... in lieu of bail. Defendant was registered at the facility. 2 Defendant was charged with Failing to Notify Law Enforcement of ... also re-register with your local police department either every 90 days or annually, as provided by law. If you are ... 2011, in violation of N.J.S.A. 2C:7-2(a)(3), a crime of the third degree; and (2) Failure to Advise of Use of Internet in violation of N.J.S.A. 2C:7-2(d)(2), a crime of the fourth degree. II. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46216

2188 MIDLAND FUNDING LLC CURRENT ASSIGNEE v. BRUCE THIEL -- rank: 408

... A-0151-14 and A-0152-14 (Pressler and Pressler, L.L.P., attorneys; Mr. McDermott, Steven A. Lang, and Michael J ... to the sale of goods, N.J.S.A. 12A:2-725, should control. In each of the cases, the trial ... of limitations set forth in N.J.S.A. 12A:2-725. We also hold that if an action is filed ... 5, 2009, and was in default as of May 2009. 2 Johnson defaulted by December 2008, having made her last payment ... filed a complaint against Acevedo seeking to recover the $824.90 balance on her account. Plaintiff filed a complaint against ...

docket:	a5797-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-29
status:	published
citation:
Document Size:	40856

2189 STATE OF NEW JERSEY v. ANDRE WILLIAMS -- rank: 408

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On count six, defendant was sentenced to a concurrent term ... App. Div. February 21, 2006) (Slip op. at 22-23). 2 We reversed and remanded for resentencing. Id. at 23. The ... forth in our unpublished opinion. Williams , supra , (slip op. at 2-5). On June 23, 2001, defendant and his friend robbed ... 45 a.m. and 7:30 a.m. Id. at 2-3. Defendant drove up to the curb where the victim ... to try the case that made it difficult to communicate; (2) his counsel refused to call defendant's girlfriend, Lakiesha ...

docket:	a2838-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-08
status:	Published
citation:
Document Size:	36450

2190 Prevratil v. Mohr -- rank: 408

... the entire controversy doctrine for automobile-negligence cases. ����On March 2, 1989, Prevratil was operating a vehicle owned by his employer ... s vehicle. ����Olsen filed a personal injury action on May 2, 1989, naming Prevratil, Mohr, Benjo and Rich Hill. Olsen's ... for personal injuries in the original action. (pp. 6-15) 2. The Court rejects Prevratil's request that it make an ... This action arises from a three-vehicle accident on March 2, 1989. Prevratil was operating a vehicle owned by his employer ... s vehicle. ����Olsen filed a personal injury action on May 2, 1989, naming as defendants Prevratil, Mohr, Benjo, and Rich Hill ... parties may be completely determined. ����[ N.J. Const. art. VI, � 2, � 4]. ����Even before the 1947 Constitution, courts recognized the ...

docket:	a-52-95
court:	njsupreme
decided:	1996-07-10
status:
citation:	145 N.J. 180
Document Size:	99179