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2611 /usr/local/share/www/libweb/collections/courts/appellate/a3632-12.opn.html -- rank: 380

... HALLETT, Defendant-Appellant. __________________________________________ Argued May 11, 2015 – Decided July 2, 2015 Before Judges Guadagno and Gilson. On appeal from the ... 1) and N.J.S.A. 2C:35-5(b)(2) (count four). At sentencing on January 29, 2013, the trial ... of counsel is the linchpin. 1. consultations with the accused. 2. legal research. ii. counsel was clearly ineffective. I. We glean ... error was "clearly capable of producing an unjust result." R. 2:10-2. Under that standard, reversal of defendant's conviction is required ... to LaBelle that there were no drugs in the residence, (2) his statement to Searing identifying the Bryn Mawr Avenue ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33391

2612 STATE OF NEW JERSEY v. JOEL D. CINTRON -- rank: 380

... auto while intoxicated, N.J.S.A. 2C:12-1c(2) (count two); and fourth-degree assault by auto while intoxicated, N.J.S.A. 2C:12-1c(2) (count three). The judge merged defendant's convictions under counts ... Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent eighteen-month term on count three. Defendant ... with "a brown vegetative type substance in it that appear[ed] to be wet," which he believed to be "marijuana laced ... Lehner estimated, then the Civic would have been traveling at 90.71 mph before braking and 66.30 mph at the ... that defendant's urine tested positive for 374 ng/ml 2 of PCP and 107 ng/ml of marijuana. Dr. ...

docket:	a1342-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	34316

2613 STATE OF NEW JERSEY v. BURTON L. SMITH -- rank: 380

... 2552-10T2 STATE OF NEW JERSEY, Plaintiff-Respondent, vs. BURTON L. SMITH, Defendant-Appellant. __________________________________ June 18, 2012 Submitted: May 9, 2012 ... se supplemental brief. PER CURIAM A jury convicted defendant Burton L. Smith of first degree robbery, N.J.S.A. 2C ... causing bodily injury, N.J.S.A. 2C:12-1b(2) (Count Three); fourth degree unlawful possession of a weapon (a ... sufficient merit to warrant discussion in a written opinion, Rule 2:11-3(e)(2), and we affirm the conviction. During cross-examination, the victim ... denied , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001). Although the reference should not ...

docket:	a2552-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	unpublished
citation:
Document Size:	38626

2614 RHODIA, INC. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 380

... 22, 2007 - Decided February 23, 2007 Before Judges Lintner, S.L. Reisner, and Seltzer. On appeal from a Technical Review Panel ... and non-residential direct contact soil cleanup criteria. On April 2, 1987, Rhodia entered into an Administrative Consent Order (ACO), bearing ... with a perceived risk of direct contact with the soil; (2) Rhodia's experts' reliance upon exposure point concentrations rather than ... s policy, under N.J.A.C. 7:26E-6.2(c), requiring both engineering and institutional controls for historic fill containing contaminants that exceed the Department's NRDCSCC; and (2) whether Rhodia had sufficiently demonstrated that the historic fill on ... For arsenic, the outdoor worker resulted in an ARC of 2.12 ppm. The outdoor worker based ARC would default ...

docket:	a6766-04
court:	njappellate
decided:	2007-02-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	102248

2615 STATE OF NEW JERSEY v. WILLIAM K. BREINER -- rank: 380

... WILLIAM K. BREINER, Defendant-Appellant. March 10, 2016 Argued December 2, 2015 – Decided Before Judges Alvarez, Haas, and Manahan. On ... S.A. 39:4-50 and 2C:12-1(c)(2). After merging the two convictions, on September 27, 2013, the ... Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 We affirm. At trial, the State's witnesses were ... OF THAT PHRASE AS FIRST INTERPRETED IN STATE V. CURTIS , [ 2 ] AND APPROVED THEREAFTER BY THE NEW JERSEY SUPREME COURT, SHOULD ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970)).] In this case, as in ...

docket:	a2411-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	49182

2616 Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton -- rank: 380

... utilization of such waste[.] [ N.J.S.A. 13:1E-2(a).] In the first instance, it is the duty of ... U.S. 306 , 321, 26 S. Ct. 100 , 104, 50 L. Ed. 204 , 211 (1905)); see also WHS Realty Co. v. Town ... Eugene McQuillin, The Law of Municipal Corporations � 24:247 (3d ed. rev. vol. 2005) (quotation marks omitted) (citing Earruso v. Bd. of Health of E. Hanover , 120 N.J.L. 463 , 468-69 (1938)).] To that end, the government may ... from the ills of solid waste disposal. 73 N.J.L. 281, 282-83 (Sup. Ct. 1906) (upholding ordinance that ...

docket:	a-55-08
court:
decided:	2009-06-23
status:
citation:
Document Size:	65067

2617 DIAMOND CONSTRUCTION v. CITY OF JERSEY CITY -- rank: 377

... OF JERSEY CITY, Defendant-Respondent. ____________________________________ December 12, 2013 Argued December 2, 2013 – Decided Before Judges Harris and Guadagno. On appeal ... Court of New Jersey, Law Division, Hudson County, Docket No. L-1343-13. Joseph A. Deer argued the cause for appellant ... the documents submitted, and pursuant to the Local Public Contracts [L]aw and applicable case[]law, Diamond Construction is required to ... The next day, the judge entered an "Order Denying OTSC," 2 and attached an eight-page written opinion explaining why he ... 476 U.S. 747 , 757, 106 S. Ct. 2169 , 2177, 90 L. Ed.2d 779 , 791-92 (1986)). "The long-standing ...

docket:	a4225-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-12
status:	unpublished
citation:
Document Size:	26022

2618 STATE OF NEW JERSEY v. CARLOS ALBERTO CEVALLOS-BERMEO, -- rank: 377

... no legally enforceable individual right), cert. denied , 67 U.S.L.W. 3717 , 3778, 3784, 119 S. Ct. 2399 (1999), with ... denied , 519 U.S. 995 , 117 S. Ct. 489 , 136 L. Ed.2d 380 (1996); United States v. Alvarado-Torres , 45 F. Supp.2d 986 , 989-90 (S.D. Cal. 1999). ����The Supreme Court of the United ... S. 371 , 373, 118 S. Ct. 1352 , 1353-54, 140 L. Ed.2d 529 , 536 (1998), the defendant, a Paraguayan national, ...

docket:	a5632-97
court:	njappellate
decided:	2000-06-30
status:	published
citation:	333 N.J.Super. 181
Document Size:	14752

2619 AETNA CASUALTY AND SURETY CO. v. PLY GEM INDUSTRIES, INC., et al. -- rank: 377

... al. , ����Third-Party Defendants. ��������Argued March 20, 2001 - Decided August 2, 2001 ��������Before Judges Stern, Collester and Fall. ��������On appeal from ... 313 N.J. Super. ��������94 (Law Div. 1997), docket no. L-5053-90. ��������Jack Fuchs, admitted pro hac vice, argued the ��������cause for ... was not obligated to defend or indemnify Hoover. See footnote 2 2 On August 2, 1990, Hoover filed an answer which contained counterclaims and ...

docket:	A2327-98
court:	NJ Superior Court Appellate Division
decided:	2001-08-02
status:	published
citation:	343 N.J. Super. 430
Document Size:	87443

2620 STATE OF NEW JERSEY v. MARQUIS ARMSTRONG -- rank: 377

... STATE OF NEW JERSEY, APPROVED FOR PUBLICATION Plaintiff-Respondent, JUNE 2, 2020 v. APPELLATE DIVISION MARQUIS ARMSTRONG, Defendant-Appellant. ____________________________ Argued December 9, 2019 – Decided June 2, 2020 Before Judges Messano, Ostrer and Susswein. On appeal from ... Early Release Act, N.J.S.A. 2C:43-7.2, on the aggravated manslaughter conviction; and, a concurrent eight-year ... their relationship in April 2014. However, months later, on September 2, the two were heading home together from a family picnic ... Heath, DeWitt's current boyfriend, bore some A-2102-17T2 2 animosity toward defendant, and, when he saw them together, he ... third party's phone, nor has any case law . . . support[ed] that proposition.' Furthermore, the judge determined that 'even if [] ...

docket:	a2102-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-02
status:	Published
citation:
Document Size:	56746

2621 State, Commissioner of Transportation v. Weiswasser -- rank: 377

... diminished as a consequence of the partial taking. (p. 10) 2. Most cases that have considered mitigation of damages in a ... may include the availability and value of replacement property; and (2) severance damages may include the loss of visibility of the ... side would otherwise justify.'" (quoting Black's Law Dictionary (4th ed. 1968)). The doctrine of mitigation is concerned with the compensatory ... presenting claims based on nuisance. E.g. , Dickinson v. Delaware, L. & W. R.R. Co. , 90 N.J.L. 158 (E. & A. 1917) (reciting general rule that one ...

docket:	a-54-96
court:	njsupreme
decided:	1997-05-20
status:
citation:	145 N.J. 373
Document Size:	67562

2622 IN THE MATTER OF THE APPLICATION OF HOLY NAME HOSPITAL FOR A CERTIFICATE OF NEED -- rank: 377

... for ��������appellant (Ms. Tamborlane, attorney and on the ��������brief; Rebecca L. Tamborlane, on the brief). ��������Mary F. Rubinstein, Deputy Attorney General ... issue a separate written decision as required by regulation, and (2) the ALJ's findings are not supported by sufficient credible ... facilities or services which may serve as alternatives or substitutions, (2) the need for special equipment or special services in the ... U.S. 685 , 694, 64 S.Ct. 327 , 332, 88 L.Ed. 400 , 405 (1944) (Frankfurter, J., dissenting). ����The essential thrust of ... dismissed , 459 U.S. 962 , 103 S.Ct. 286 , 74 L.Ed.2d 272 (1982). A "strong presumption of reasonableness" ...

docket:	a2938-95
court:	njappellate
decided:	1997-05-28
status:	published
citation:	301 N.J.Super. 282
Document Size:	24792

2623 /usr/local/share/www/libweb/collections/courts/supreme/a0016-16.opn.html -- rank: 377

... custody of defendant and her child. On July 1 and 2, 2011, the Division conducted an emergency removal of defendant and ... also N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) ("There is an exception ... of the mark that the judge was clearly mistaken." G.L. , supra , 191 N.J. at 605. Indeed, this court accords ... the legal consequences that flow from established facts[,]" Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972)), vacated on other grounds , ...

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court:	NJ Superior Court Law/Chancery Division
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citation:
Document Size:	51815

2624 Leander Williams v. New Jersey State Parole Board -- rank: 377

... Williams resided at the Harbor Residential Community Release Program for 90 days for further rehabilitation. Approximately one month before his primary ... Board reduce his mandated “term” of 180 days to 90 days. The Parole Board issued its final agency decision and ... J.S.A. 30:4-123.59. (pp. 14-17) 2. N.J.S.A. 30:4-123.59, which governs ... 2021). But that enlargement cannot be understood as infinite in 2 scope. When specific words follow more general words in a ... pursuant to N.J.S.A. 30:4-123.59; (2) under N.J.S.A. 30:4-123.59(b ... J.S.A. 30:4-123.45 to .76. The 2 Appellate Division agreed with the Parole Board that N. ...

docket:	a-26-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-03
status:
citation:
Document Size:	69715

2625 STATE OF NEW JERSEY v.. DIANE O'BRIEN -- rank: 377

... entitled to admission into the program. R. 3:28, Guideline 2. "[T]o reverse the denial of an application for PTI ... has previously received supervisory treatment under section 27 of P.L. 1970, c. 226 [ N.J.S.A. 24:21-27 ... contests his guilt of the charge or charges against him. 2 Rule 3:28, Guideline 3(g) provides in relevant part ... Court's] invitation to occupy the field." State v. Collins , 90 N.J. 449 , 452 (1982). The declared public policy in ... has previously received supervisory treatment under section 27 of P.L. 1970, c.226 [ N.J.S.A. 24:21-27 ... N.J. Super. 559 , 571 (App. Div. 2006) ("[T]he [l]egislative intent in enacting N.J.S.A. 2C: ...

docket:	a4190-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	published
citation:	418 N.J. Super. 428 14 A.3d 56
Document Size:	44956