Search Rutgers Law Library N.J. Court Opinions

2236 STATE OF NEW JERSEY v. MARK P. MCCAFFREY -- rank: 405

... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (counts two and four); third-degree possession of a weapon ... Release Act (NERA), N.J.S.A. 2C:43-7.2.2 On appeal, defendant raises the following points for our consideration ... acquittal, pursuant to Rule 3:18-1, was also denied. 2 After appropriate mergers, defendant was sentenced to a twelve-year ... concurrent one-year sentence on count seven. A-0313-18T1 2 THE TRIAL COURT'S FAILURE TO CAUTIOUSLY CONSIDER WHETHER THE ... guy,' who was an old friend of hers. At around 2:45 a.m., when the bar was about to ...

docket:	a0313-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	63382

2237 STATE OF NEW JERSEY v. CORVIN FIGUERO -- rank: 405

... CORVIN FIGUERO, Defendant-Appellant. __________________________________ Submitted: January 24, 2007 - Decided March 2, 2007 Before Judges Cuff and Winkelstein. On appeal from the ... denied , 475 U.S. 1014 , 106 S. Ct. 1193 , 89 L. Ed.2d 308 (1986)] analysis and the statute. And all of ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). Whether "retained or appointed," such counsel ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 ...

docket:	A0798-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-02
status:	unpublished
citation:
Document Size:	35177

2238 STATE OF NEW JERSEY v. THERESA THOMPSON -- rank: 405

... Public Defender, attorney for appellant in A-3392-05T4 (Roger L. Camacho, Designated Counsel, of counsel and on the brief). William ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Thompson was sentenced as a third-degree offender, 187 N ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970)). The charge must be taken as a ... were as a reasonable person would believe them to be; (2) When causing a particular result is an element of ...

docket:	a3392-05
court:	njappellate
decided:	2007-05-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	63513

2239 REPAIR MASTER, INC., et al. v. BOROUGH OF PAULSBORO, -- rank: 405

... the Superior Court of New Jersey, Law Division, Gloucester County, L- 223-02.         Michael D. Varbalow argued the cause for appellant ... Paulsboro had a population of 6,160 people living in 2,353 households with an average household of 2.61 persons. Paulsboro has a high rate of renter- occupied housing units. Of the 2,353 occupied units in Paulsboro, 931 or 39.5% are ... SFD (Single Family Detached)     SFA (Single Family Attached)     DPL (Duplex - 2 units)     TPL (Triplex - 3 units)     QD (Quad - 4 units)     Following ... compel Paulsboro to issue these rental licenses.     In his April 2, 2002 oral opinion, Judge Rafferty ruled against the validity ...

docket:	A4033-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-03
status:	published
citation:	352 N.J. Super. 1 799 A.2d 599
Document Size:	43681

2240 STATE OF NEW JERSEY v. FLEMING A. LEWIS -- rank: 405

... of third-degree burglary, N.J.S.A. 2C:18-2 (count one); disorderly-persons criminal mischief, N.J.S.A ... applicable: 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 403 (2004), and Blakely v. Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004). In State v. Dunbar , 108 N.J ... finds that the defendant is either (1) a persistent offender, (2) a professional criminal, or (3) a hired criminal." Id. ...

docket:	A0143-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-21
status:	unpublished
citation:
Document Size:	52011

2241 IN THE MATTER OF THE REALLOCATION OF THE PROBATION OFFICER AND PROBATION OFFICER, BILINGUAL IN SPANISH AND ENGLISH TITLES FROM THE COMPETITIVE TO THE NON-COMPETITIVE DIVISION OF THE CAREER SERVICE -- rank: 405

... argued that the proposal violated article VII, section 1, paragraph 2 of the New Jersey Constitution , which requires public employees to ... appointments pursuant to N.J.A.C. 4A:3-1.2. On June 21, following further submissions by the parties and ... Commission issued a final administrative order approving the pilot program. 2 The year-long pilot program was originally to have been ... was consistent with N.J.A.C. 4A:3-1.2(c)(2), which allows a job title to be placed "in the ... set forth in N.J.A.C. 4A:3-1.2(c), certification procedures will not likely meet the needs ...

docket:	a0056-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-22
status:	published
citation:	441 N.J.Super. 434 119 A.3d 921
Document Size:	54277

2242 C&J COLONIAL REALTY, INC., et al. v. POUGHKEEPSIE SAVINGS BANK, FSB, et al. -- rank: 405

... RIDGE, INC., a New Jersey Corporation, and ROCK CREEK CROSSING, L.L.C., a New Jersey Limited Liability Company,     Defendants/Appellants, and MELVIN HERZBERG, KENNETH L. HERZBERG, ROBERT W. BURKETT, and HUGH H. SHULL, JR.,     Defendants ... from Superior Court of New Jersey,         Law Division, Morris County, L-330-97.         Scott K. McClain argued the cause for         appellants ... Timber Ridge, Inc. (Timber Ridge), and Rock Creek Center Crossing, L.L.C. (Rock Creek), appeal from an amended judgment entered ...

docket:	A0738-00
court:	NJ Superior Court Appellate Division
decided:	2002-12-04
status:	published
citation:	355 N.J. Super. 444 810 A.2d 108
Document Size:	88360

2243 State v. Luis A. Cruz, Jr. -- rank: 405

... charge to include this “reckless indifference” requirement. (Pp. 8-14) 2. In Simon , the Court noted that in cases where both ... U.S. 782, 797, 102 S. Ct. 3368 , 3376, 73 L. Ed.2d 1140 , 1151 (1982), the United States Supreme Court held ... S. 137 , 157-58, 107 S. Ct. 1676 , 1688, 95 L. Ed.2d 127 , 144 (1986), the Supreme Court narrowed that holding ... broad an application of the death penalty. Id. at 89-90. We observed that “[t]he failure to distinguish, for ...

docket:	a-42-99
court:	njsupreme
decided:	2000-05-08
status:
citation:	163 N.J. 403
Document Size:	44388

2244 /usr/local/share/www/libweb/collections/courts/supreme/a3337-10.opn.html -- rank: 405

... 0804. Joseph E. Krakora, Public Defender, attorney for appellant (Jennifer L. Gottschalk, Designated Counsel, on the brief). John J. Hoffman, Acting ... attack. Defendant agreed to do so and upon his discharge, 2 was driven to the police station by his mother. Meanwhile ... S. at 444-45, 86 S. Ct. at 1612, 16 L. Ed. 2d at 706-07. The predicate requirements of Miranda then ... interrogation. Id. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2d at 706; State v. Williams , 59 N.J. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	31187

2245 /usr/local/share/www/libweb/collections/courts/appellate/a1123-19.opn.html -- rank: 405

... Chancery Division, Union County, Docket No. C- 000131-18. Alfred L. Faiella argued the cause for appellants. Anthony J. Marinello argued ... 1 Charles Lott passed away in 1995. A-1123-19T4 2 We discern the following facts from the evidence presented at trial. 2 In 1988, plaintiff and Charles Lott purchased a home on ... by the Borough attorney. The deed includes what the Borough 2 We observe that the parties' appendices are littered with documents ... record as it existed at the time of trial'); R. 2:5-4(a) ('The record on appeal shall consist of ... any stipulations orally agreed to by the parties. See R. 2:6-1(a)(1)(I) (requiring the appellant to ...

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Document Size:	53680

2246 IN THE MATTER OF THE ORDER OF THE NEW JERSEY RACING COMMISSION -- rank: 405

... it full regulatory authority over horse racing in the State. L. 1940, c. 17, § 1; see N.J.S.A ... v. N.J. Racing Comm'n , 100 N.J. 79 , 90 (1985) (citing State v. Dolce , 178 N.J. Super. 275 ... two new wagering options: (1) "off-track wagering;" 1 and (2) "account wagering," 2 whereby a person could open an account and place a ... by the Commission[.] [ N.J.A.C. 13:74-4.2(a) (emphasis added).] However, like the statute, the regulation uses ... Monmouth Park Racetrack (Monmouth Park); and F.R. Park Racing, L.P., which held a permit for Freehold Raceway. 5 ...

docket:	a2353-13
court:	superior court trial
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	68486

2247 STATE OF NEW JERSEY v. ERNEST C. BRIGGS -- rank: 405

... I. Yvonne Smith Segars, Public Defender, attorney for appellant (Roger L. Camacho, Designated Counsel, of counsel and on the brief). Luis ... I IN BOTH OF BRIGGS' TRIALS UNDER INDICTMENT 04-10-2 557 AND INDICTMENT 03 -09-1682, THE TRIAL COURT SHOULD ... YEAR PRISON TERMS FOR HIS CONVICTIONS OF COUNTS 1 AND 2 OF MONMOUTH COUNTY INDICTMENT NO. 03-09-01682 NAMELY POSSESSION ... CONCURRENT FIVE YEAR PRISON TERM FOR HIS CONVICTION OF COUNT 2, THE FOURTH DEGREE CRIME OF HINDERING THE APPREHENSION OF ONESELF ... stationhouse by Detective Barry Graves. A search of defendant yielded $90 in currency, but no drugs. Graves took a photograph of ... a CDS, N.J.S.A. 2C:35-10a(1) ; (2) third-degree possession of a CDS with intent to ...

docket:	a3722-04
court:	njappellate
decided:	2007-02-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	99955

2248 STATE OF NEW JERSEY v. DANIEL ST. CLAIRE -- rank: 405

... Public Defender, attorney for appellant in A-3392-05T4 (Roger L. Camacho, Designated Counsel, of counsel and on the brief). William ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Thompson was sentenced as a third-degree offender, 187 N ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970)). The charge must be taken as a ... were as a reasonable person would believe them to be; (2) When causing a particular result is an element of ...

docket:	a5928-04
court:	njappellate
decided:	2007-05-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	63816

2249 STATE OF NEW JERSEY v. ZAMAIRE BARDEN -- rank: 405

... Was Per Se Ineffective Assistance Of Counsel. A-3409-19 2 D. For Each And All Of These Reasons, A New ... of the client.' ([National Juvenile Defense Center] Standard 8.4). 2. 'Counsel should be knowledgeable about the key aspects of developmental ... window, standing about a foot from the car. Tweak 'look[ed] at [her]' and then 'fired off multiple shots.' Knight 'hugged ... attempted murder under N.J.S.A. 2C:43-7.2, and a concurrent term of five years with forty-two ... of a firearm, and possession of a firearm with a 2 See P.L. 2007, c. 341 § 3. A-3409-19 18 ...

docket:	a3409-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-25
status:	Unpublished
citation:
Document Size:	82128

2250 New Jersey Division of Youth and Family Services v. F.M. -- rank: 405

... Despite the warnings, Fernanda permitted Troy access to the home. 2 In March 2009 , the family court conducted a permanency hearing ... health or development because of Fernanda’s commitment to Troy; (2) Fernanda was unable or unwilling to provide a safe and ... first bringing an abuse or neglect action. (pp. 25-28) 2. Laches is an equitable doctrine that denies a party enforcement ... has been or will be endangered by the parental relationship; (2) the parent is unwilling or unable to eliminate the harm ... DYFS custody as well as care and supervision of Quinn. 2 Under the court’s order, Fernanda maintained physical custody of ... ” R. 5:12-1(d); see R. 4:67-2(a) (providing for “interim restraint and other appropriate ...

docket:	A-108-10
court:	NJ Supreme Court
decided:	2012-08-14
status:
citation:	211 N.J. 420 48 A.3d 1075
Document Size:	114985