Search Rutgers Law Library N.J. Court Opinions

3046 STATE OF NEW JERSEY IN THE INTEREST OF J.J.H. -- rank: 355

... 1); first-degree carjacking, N.J.S.A. 2C:15-2; and first-degree felony murder, N.J.S.A. 2C ... interviewed A.G., who was unavailable to testify at trial. 2 The police then compiled a photographic array and showed it ... beyond a reasonable doubt. State v. Delibero , 149 N.J. 90 , 99 (1997). The same allocation of the burden of proof ... i]nflicts bodily injury or uses force upon another; or (2) [t]hreatens another with or purposely puts him in fear ... The elements of carjacking, N.J.S.A. 2C:15-2, are that while in the course of attempting to or ... or person in possession or control of a motor vehicle; (2)  threatens an occupant or person in control with, or ...

docket:	a3086-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-05
status:	unpublished
citation:
Document Size:	32916

3047 LARRY JOHNSON v. LEE ROPER -- rank: 355

... 0 LARRY JOHNSON, Plaintiff-Appellant, v. LEE ROPER and RESIDEX, L.L.C., Defendants-Respondents. _____________________________________________ July 18, 2013 Argued May 6, 2013 ... Court of New Jersey, Law Division, Union County, Docket No. L-4424-10. Mark C.G. Lawrence argued the cause for ... 14, against his former supervisor, Lee Roper and employer Residex, L.L.C. (Residex). Plaintiff's complaint alleged he was terminated from ... with the engine shutting down was too expensive to fix. 2 In October 2009 , I sent a letter to Mr. ...

docket:	a0415-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	30133

3048 STATE OF NEW JERSEY v. KESHAWN MCNEIL -- rank: 355

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1, first-degree ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The Graves Act was also held applicable to his sentence ... citing State v. Angoy , 329 N.J. Super. 79 , 89-90 (App. Div.) (stating, as noted by the Blakney Court, ibid ... cashing proceeds that he was then carrying. Id. at 189-90. At trial, the judge had admitted as a statement by ... denied , 374 U.S. 816 , 83 S. Ct. 1710 , 10 L. Ed.2d 1039 (1963))). Thus, Marshall's hearsay statement was ...

docket:	a0856-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-21
status:	unpublished
citation:
Document Size:	60830

3049 STATE OF NEW JERSEY v. SHAWN MORELLO -- rank: 352

... Graves Act, N.J.S.A. 2C:43-6(c). 2 Defendant appeals, and we reverse. The facts developed during the ... and convincing, whatever. On further review it appears under 2C:2-8b, intoxication, which is not self-induced or pathological, is ... at the officer. I don't find that under 2C:2-8a. and b. Therefore, I revised the charge and gave ... only reach defendant's first claim of error. Defendant "fail[ed] to object contemporaneously to [the] jury charge," therefore the "'plain ... J . 526, 538 (1969), cert . denied , 399 U . S . 930, 90 S . Ct . 2254, 26 L . Ed . 2d 797 (1970)) . The appellate court must examine " ...

docket:	a1314-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-24
status:	unpublished
citation:
Document Size:	34680

3050 IN THE MATTER OF THE TRUST UNDER AGREEMENT OF BLANCHE P. BILLINGS VANDER POEL -- rank: 352

... irrevocable, and non-amendable trusts in New Jersey on November 2, 1950, one for each of her three children. The principal ... Equitable Adoptions on Intestate Succession and Class Gifts , 37 Vand. L. Rev. 711 (1984); George Gleason Bogert & George Taylor Bogert, The Law of Trusts and Trustees § 182 (2d rev. ed. 1979). As a result, adoption is of purely statutory origin ... dependent upon the statute authorizing adoption. Rein, supra , 37 Vand. L. Rev. at 714-18. Odd as it sounds at this ... separate statute and with different criteria. N.J.S.A. 2:39-1. Act of March 13, 1925, ch. 99, 1 ... as their natural or biological children. N.J.S.A. 2:39-1. But the matter of inheritance by an ...

docket:	A0983-04
court:	NJ Superior Court Appellate Division
decided:	2007-10-17
status:	published
citation:	396 N.J.Super. 218
Document Size:	70043

3051 KYHEEM DAVIS v. TOWNSHIP OF NEPTUNE -- rank: 352

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3221-15. Jonathan F. Cohen argued the cause for appellant ... related to the March 30, 2015 incident. A-3936-16T3 2 'Performance of Duty'; Rule 3:7.10, 'Relief'; and Rule 3:9.10, 'Operation of Departmental Vehicles.' 2 The Department maintained that plaintiff failed to 'operate [his] assigned ... directives,' neglected to 'complete a thorough [d]aily [a]ctivity [l]edger to include all necessary information ,' and did not remain ... p.m. He stated that he agreed to pick up 2 Rule 3.1.1 requires all police officers to 'promptly ... Elena Gonzalez who prepared a report confirming that plaintiff 'reach[ed] a speed of up to 131 [m.p.h.].' ...

docket:	a3936-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-16
status:	Unpublished
citation:
Document Size:	49705

3052 STATE OF NEW JERSEY v. CARLOS RAMON GUTIERREZ -- rank: 352

... 05-486. Michael Chazen argued the cause for appellant. Meredith L. Balo, Assistant Prosecutor, argued the cause for respondent (Theodore J ... charges of murder, N.J.S.A. 2C:43-7.2, followed by a five-year term of parole supervision, and ... conference or after the charge was given. Rule 1:7-2 explicitly provides that no party may urge as error any ... was error clearly capable of producing an unjust result. R. 2:10-2; State v. Afanador , 151 N.J. 41 , 54 (1997). Plain ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). ...

docket:	a0110-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	40648

3053 State v.Justin Bealor -- rank: 352

... and not alcohol, or whether additional expert opinion is required. 2 On July 11 , 2002, defendant Justin Bealor was driving in ... opinion, or whether additional proofs are required. (Pp. 13-14) 2. N.J.R.E. 701 sets forth the prerequisites for ... the pipe, defendant was arrested and advised of his Miranda 2 rights. He was then transported to the State Police Barracks ... intoxication. Searles v. Pub. Serv. Ry. Co. , 100 N.J.L. 222 , 223 (Sup. Ct. 1924). Founded on that premise, lay ... was in a drug-induced state that “so affect[ed his] judgment or control . . . as to make it improper for ... under the effect of a drug that “so alter[ed] his . . . normal physical coordination and mental faculties as to ...

docket:	a-31-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	81273

3054 STATE OF NEW JERSEY v. QUADIR GRAHAM -- rank: 352

... intent to distribute heroin, N.J.S.A. 2C:5-2; third-degree possession of heroin with intent to distribute, N ... NO EVIDENCE THAT THE DEFENDANT WAS CONNECTED WITH ANY GANGS. 2. The State improperly relied on evidence that the defendant was ... error because defense counsel did not object at trial, R. 2:10-2, and the prosecutor's comment did not produce an unjust ... Div. 2005); State v. Goode , 278 N.J. Super. 85, 90 (App. Div. 1994). "We review the challenged portions of a ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	a3582-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-10
status:	unpublished
citation:
Document Size:	39693

3055 IN THE MATTER OF THE COMMITMENT OF F.S. -- rank: 352

... again after a second Krol hearing on July 22, 2011. 2 On January 12, 2012, F.S. appeared for her third ... AS DEFINED BY N.J.S.A. 30:4-27.2. A. The [S]tate failed to prove F.S. is ... In re Commitment of W.K. , 159 N.J. 1 , 2 (1999)), aff'd , 186 N.J. 430 (2006). "The rationale ... In re J.M.B. , 395 N.J. Super. 69 , 90 (App. Div.) (citation omitted), aff'd , 197 N.J. 563 ... 2009), cert. denied , ­­­ _____ U.S _____, 130 S. Ct. 509 , 175 L. Ed.2d 361 (2009). We will modify a commitment order " ...

docket:	a3321-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	unpublished
citation:
Document Size:	33791

3056 JOSEPH BAILES, et al. v. TOWNSHIP OF EAST BRUNSWICK -- rank: 352

... OF THE TOWNSHIP OF EAST BRUNSWICK,         Defendant. _____________________________________ IARIA FAMILY TRUST, L.L.C., OLGA CLARK, ROMAN CLARK, JR., WILLIAM CLARK, KATHERINE HIMICH ... Court of New Jersey, Law Division, Middlesex County, Docket Nos. L-10864-99 and L-12068-99. David J. Frizell argued the cause for appellants ... section to the east of the Turnpike encompasses 1639 acres (2.5 square miles). In this section, 1110 acres are publicly ... to the west of the Turnpike encompasses 2680 acres (4.2 square miles). Farrington Lake, a source of potable water ...

docket:	A2132-03
court:	NJ Superior Court Appellate Division
decided:	2005-09-22
status:	published
citation:	380 N.J. Super. 336 882 A.2d 395
Document Size:	56732

3057 180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 352

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4807-09 and Ocean County, Docket No. L-4532-10. Gregory W. Vella argued the cause for appellant ... approximately 85,000 square feet and located in a B-2 general business zone, having a 267 foot frontage on Magnolia ... there are undeveloped lots zoned for business use (a B-2 zone), to the east is the rear of a Sears ... The development proposed is a nonconforming use in a B-2 zone. However, as proposed, the structure conformed to all bulk ... and suggested the designation of the property in the B-2 zone was "unusual" because "you can't see it ...

docket:	a6057-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-13
status:	unpublished
citation:
Document Size:	46627

3058 Robert A. Verry v. Franklin Fire District No. 1 -- rank: 352

... J.S.A. 47:1A-1.1. (pp. 10-15) 2. The Legislature granted to municipalities lacking a paid or partially ... Debra A. Allen, Deputy Attorney General, on the brief). Edward L. Barocas argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Edward L. Barocas, Legal Director, attorney; Edward L. Barocas, Iris Bromberg and Jeanne LoCicero, on the brief). JUSTICE ... s Ass’n , supra , 431 N.J. Super. at 289-90). The Appellate Division did not reach whether the MVFD should ... distinguished. The MVFD joins in the arguments of the District. 2. Verry first emphasizes OPRA’s language generally mandating broad ...

docket:	A-77-15
court:	NJ Supreme Court
decided:	2017-08-07
status:
citation:	230 N.J. 285 166 A.3d 1140
Document Size:	100788

3059 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF L. BARRY HELFMANN, PSY.D -- rank: 352

... MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF L. BARRY HELFMANN, PSY.D. _______________________________ Argued September 12, 2019 – Decided ... Consumer Affairs. Scott B. Piekarsky argued the cause for appellant L. Barry Helfmann (Piekarsky & Associates, LLC, attorneys; Scott B. Piekarsky, of ... 14 to -27, seeking to have the license of appellant L. Barry Helfmann, Psy.D. suspended and have him pay a ... the Board's decision in its entirety. A-4975-17T3 2 I. A. When the events chronicled in the record occurred ... s findings of fact and conclusions of law. It 'consider[ed] the violations that Dr. Helfmann was found to have committed ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) ...

docket:	a4975-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-29
status:	Unpublished
citation:
Document Size:	75758

3060 STATE OF NEW JERSEY v. HIPOLITO RUIZ -- rank: 352

... denied , 540 U.S. 903 , 124 S. Ct. 259 , 157 L. Ed.2d 187 (2003). "A defendant may be convicted of an ... forth in N.J.S.A. 2C:1-8d, and (2) . . . there [is] a rational basis in the evidence to support ... here. Rule 3:19-1(a) says: If there are 2 or more counts of an indictment or 2 or more defendants tried together, the jury may return a ... same offense." State v. Widmaier , 157 N.J. 475 , 489-90 (1999); see U.S. Const. amend. V ("nor shall ...

docket:	a5529-06
court:	njappellate
decided:	2008-03-12
status:	published
citation:	399 N.J.Super. 86
Document Size:	61636