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226 State of New Jersey v. Maurice Pierce -- rank: 675

... Thomas , also decided today.] Argued November 30, 2005 -- Decided August 2, 2006 LaVECCHIA, J., writing for the Court. 2 On November 14 , 2000, the Clifton police stopped Maurice Pierce ... courts engaged in discretionary extended-term sentencing. (pp. 6-10) 2. In Dunbar , the four-step process for determining whether a ... PIERCE, Defendant-Appellant. Argued November 30, 2005 – Decided August 2, 2006 On certification to the Superior Court, Appellate Division. Marcia ... Jersey , 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000) and Blakely v. Washington , 542 U. ...

docket:	a-18-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	110634

227 MANUEL GUAMAN v. JENNIFER VELEZ -- rank: 672

... 10-01 and N.J.A.C. 10:78-3.2, as amended and adopted on May 28, 2010, which authorized ... his safety from terrorist groups in his native country; and 2) to permit thirteen organizations to appear as amici curiae. 1 ... weighs in favor of granting relief. Crowe v. De Gioia , 90 N.J. 126 , 132-34 (1982). Having considered the arguments ... 10-01 and N.J.A.C. 10:78-3.2. I. We review the relevant statutory framework and provide some ... U.S. 154 , 157, 106 S. Ct. 2456 , 2458, 91 L. Ed.2d 131 , 137 (1986); 42 U.S.C.A. ...

docket:	m3432-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-12
status:	Published
citation:
Document Size:	72283

228 /usr/local/share/www/libweb/collections/courts/appellate/a4021-14a4026-14.opn.html -- rank: 672

... Krakora, Public Defender, attorney for appellant Colby T. Richardson (Jack L. Weinberg, Designated Counsel, on the brief). Joseph E. Krakora, Public ... f) (count seven); fourth-degree possession of an illegal ammunition 2 A-4021-14T2 magazine, N.J.S.A. 2C:39 ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count nine). Defendant was acquitted of eluding police (count ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count ten). On appeal, Jeffery argues: POINT I THE ... 5 A-4021-14T2 descriptions and the direction each fled.2 He requested back-up and positioned his vehicle to establish ... they found a .45 caliber handgun, a rifle, a high 2 In his reply brief, Colby argues defendants' description provided ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88864

229 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 672

... Superior Court of New Jersey, Essex County, Law Division, ESX-L-688- 99.         David M. Freeman argued the cause for appellant ... Rest. In present-day Newark, City Cemetery comprises about 5.2 acres and is located south of Haynes Avenue, bounded on ... at the western-most portion of the land, leaving 5.2 acres available for burial purposes. There are no records indicating ... there had been approximately 20,200 burials within the 5.2 acres.     In 1958, Kingsland purchased land from the Railroad, located ... address her claim that defendants violated her due process rights; (2) failing to address her claims of statutory violations; (3) dismissing ... desires to devote the land for other purposes (count I);     (2) violation of N.J.S.A. 26:6-34, ...

docket:	A1438-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	353 N.J. Super. 475 793 A.2d 731
Document Size:	92195

230 A.A., et al. v. STATE OF NEW JERSEY, et al. -- rank: 672

... Superior Court of New Jersey, Law Division, Mercer County, MER-L-20-04. Brian J. Neff (Schiff Hardin) of the New ... Michael Z. Buncher, Deputy Public Defender, Lawrence Lustberg and Edward L. Barocas, on the brief). Mary Beth Wood, Deputy Attorney General ... 1 (1995), our Supreme Court held that "Megan's Law" ( L. 1994, c. 128, 133), N.J.S.A. 2C:7 ... with designated State officials, N.J.S.A. 2C:7-2, and the Superintendent of State Police is obligated to maintain ... the variable factors were improperly determined, or for similar reasons"; (2) "that the Scale calculations do not properly encapsulate his [or ... ied , 522 U.S. 1109 , 118 S. Ct. 1039 , 140 L. Ed.2d 105 (1998) (notification requirement not "punishment" and ...

docket:	A2153-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-06
status:	published
citation:
Document Size:	141092

231 Colonial Trust III et al. v. Director, Division of Taxation -- rank: 672

... R. , 296 U.S. 344, 56 S. Ct. 289, 80 L. Ed. 263 (1935); Treas. Reg. § 301.7701-4(b); Mertens ... trust under the GIT. See N.J.S.A. 54A:2-1. Colonial maintains its trust funds in several separate investment ... U.S.C.A. §§ 80a-1 to 80b-2). The Issue Plaintiffs seek a declaratory judgment that taxation, under ... corporate and politic or political subdivision of this State, or (2) those obligations which are statutorily free from State ... taxation ... under ... instead of a franchise tax, imposed on a corporation; and (2) an estate or inheritance tax. (b) The tax status ...

docket:	09777-93
court:
decided:	1997-02-21
status:
citation:	16 N.J. Tax 385
Document Size:	120838

232 ACCUZIP, INC. v. DIRECTOR -- rank: 672

... DIRECTOR, DIVISION OF TAXATION, : : Defendant. : Decided: August 13, 2009 John L. Berger and Thomas S. Dolan argued for plaintiff (Lowenstein Sandler ... not exceed the number of Licenses. The agreement further states: 2. COPYRIGHT. This SOFTWARE is owned by AccuZIP, Inc., or its ... New Jersey who generated $64,744 in sales (i.e. 2% of the company’s total gross income). In 2002 AccuZIP ... includes all notices and markings in or on the original. 2. RESTRICTIONS: An installed copy of the SOFTWARE may not be ... or order as a matter of law. [ R. 4:46-2(c).] The moving party sustains the burden to show no ... be denied ( see discussion under sub-category heading d. P.L. 86-272 infra ), the court finds that there is ...

docket:	05744-03
court:
decided:	2009-08-13
status:
citation:
Document Size:	97831

233 ANN BAKER et al. v. THE NATIONAL STATE BANK, (a/k/a CoreStates, its Successor-In-Interest), -- rank: 670

... the Superior Court of New         Jersey, Law Division, Middlesex County,         L-00160-93.         David H. Ganz argued the cause for         appellant ... a violation of the Bank's constitutional, due process rights; (2) concluding that the unremitted award was not the result of ... set forth in our earlier opinion in Baker v. Nat'l State Bank , 312 N.J. Super. 268 (App. Div. 1998 ... Gore , 517 U.S. 559 , 116 S. Ct. 1589 , 134 L. Ed.2d 809 (1996). 161 N.J. 220 , 231 (1999).                          I ... Inc. , 532 U.S. 424 , 121 S. Ct. 1678 , 149 L. Ed.2d 674 (2001), the Supreme Court addressed this ...

docket:	A1319-00
court:	NJ Superior Court Appellate Division
decided:	2002-06-21
status:	published
citation:	353 N.J. Super. 145 801 A.2d 1158
Document Size:	83507

234 State v. Nathaniel Harvey -- rank: 670

... proving that his death sentence is disproportionate. (pp. 10-12) 2. In 1992, the Legislature limited the universe of cases to ... denied , 499 U.S. 931 , 111 S. Ct. 1336 , 113 L. Ed.2d 268 (1991). At defendant's retrial, a jury again ... murder, felony murder, first-degree robbery, and second-degree burglary.     2. Penalty Phase     The State relied exclusively on the evidence adduced ... the murder involved aggravated assault of the victim, See footnote 2     Some jurors found some of the non-statutory mitigating factors ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 695 (1993). In conducting proportionality review, we ...

docket:	a-146-97
court:	njsupreme
decided:	1999-06-03
status:
citation:	159 N.J. 277
Document Size:	308040

235 State v. David Cooper -- rank: 670

... of his death sentence.     On July 18, 1993, Cooper lured L.G., his six-year-old victim, away from other children ... she was playing in a fenced-in backyard. Cooper lifted L.G. over the fence and walked away with her. The ... mother, relatives, and neighbors searched for and called out to L.G., but their efforts proved to be fruitless. A few hours later, police officers found L.G.'s body under the porch of a nearby abandoned home. The cause of death was asphyxiation. L.G.'s clothes were partially removed and she had been ... there. He was apprehended the next day. Cooper admitted kidnapping L.G. and sexually assaulting her, but he claimed her ...

docket:	a-147-97
court:	njsupreme
decided:	1999-06-03
status:
citation:	159 N.J. 55
Document Size:	275894

236 STATE OF NEW JERSEY v. GARY SUTTLE -- rank: 670

... degree murder, N.J.S.A. 2C:11-3a(1), (2), and was sentenced to fifty-five years in prison, subject ... Early Release Act, N.J.S.A. 2C:43-7.2. This was his second trial. Defendant's first trial resulted ... in Ashe v. Swenson , 397 U.S. 436, 445-46, 90 S. Ct. 1189 , 1195, 25 L. Ed.2d 469 , 476-77 (1970), the Double Jeopardy Clause of ... a former judgment in a criminal case.'" Id. at 443, 90 S. Ct. at 1194, 25 L. Ed. 2d at ...

docket:	a2417-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-10
status:	unpublished
citation:
Document Size:	61817

237 /usr/local/share/www/libweb/collections/courts/tax/004385-20.opn.html -- rank: 670

... property was assessed as follows: Land: $1,200,000 Improvement: $2,848,900 Total: $4,048,900 The average ratio of ... mezzanine area, four loading docks, and one drive-in door. 2 Included in the 37,400 square feet of warehouse area ... 1 contains approximately 15,700 square feet of warehouse (including 2,500 square feet of finished office area), plus 2,500 square feet of unfinished mezzanine, with private access to two loading docks. Unit 2 contains approximately 21,700 square feet of warehouse (including 2,500 square feet of finished office area), plus 2, ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	177611

238 IN RE N.J.A.C 7:1B-1.1 ET SEQ -- rank: 667

... P.J.A.D. In response to Executive Order No. 2 (EO2), mandating State agencies to adopt rules for waiver to ... as N.J.A.C. 7:1B-1.1 to  2.4 (the waiver rules). 43 N.J.R. 473 (a ... N.J.R. 981 (b)-1047, to be effective April 2, 2012, 44 N.J.R. 981 -82, and then published ... New Jersey Register , 44 N.J.R. 981 , 986 (Apr. 2, 2012). Thereafter, twenty-eight environmental and labor organizations, led by ... American Littoral Society, united to appeal the DEP's promulgation. 2 Appellants argue that the waiver rules exceed DEP's legislated ... Administrative Procedures Act (APA), N.J.S.A. 52:14B-l to -15. 3 For reasons that follow, we uphold ...

docket:	a3514-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:
Document Size:	116903

239 State of New Jersey v. Marko Bey -- rank: 667

... assistance substantially affected the jury's deliberations. (pp. 5-11) 2. Although the preparation of Bey's counsel for the penalty ... J.     Defendant, Marko Bey, appeals as of right under Rule 2:2 1(a)(3) from the denial of his petition for ... denied , 513 U.S. 1164 , 115 S. Ct. 1131 , 130 L. Ed.2d 1093 (1995). Thereafter, we found that defendant's death ... denied , 513 U.S. 1164 , 115 S. Ct. 1131 , 130 L. Ed.2d 1093 (1995).     Defendant filed a petition for ...

docket:	a-171-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 233
Document Size:	205326

240 STATE OF NEW JERSEY v. YOLANDA TERRY -- rank: 667

... Di Stefano argued the cause for appellant Teron Savoy. John L. Brown, Jr., argued the cause for appellant Yolanda Terry. William ... the communications from protection of the marital communications privilege, and (2) the court should create a crime-fraud exception to that ... which served as the basis for the judge's opinion. 2 Law enforcement authorities were investigating Savoy, who was the leader ... distribute cocaine and heroin, N.J.S.A. 2C:5-2 and 2C:35-5a and -5b(1). Savoy was also ... addition to the matters provided in section 10 of P.L.1968, c.409 (C.2A:156A-10), determines that there ... addition to the matters required by section 10 of P.L.1968, c.409 (C.2A:156A-10), a showing ...

docket:	a0218-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-14
status:	published
citation:	430 N.J.Super. 587 66 A.3d 177
Document Size:	80393