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3406 STATE OF NEW JERSEY v. PETER RUSCH -- rank: 329

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant presents the following arguments on appeal: POINT I The ... review for jury instructions issued in error. R. 1:7-2. Should we find plain error "clearly capable of producing an unjust result," the conviction will be reversed. R. 2:10-2. "In the context of a jury charge, plain error requires demonstration of '[l]egal impropriety . . . prejudicially affecting the substantial rights of the defendant ... State's case,'" State v. Walker , 203 N.J. 73 , 90 (2010) (quoting Chapland , supra , 187 N.J. at 289). " ...

docket:	a0795-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	54590

3407 STATE OF NEW JERSEY v. ALEXIS GONZALEZ -- rank: 329

... 1) first-degree carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:29-2b. The judge ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed sentences on counts three, four and five ... error is "clearly capable of producing an unjust result." R. 2:10-2. Not any possibility of an unjust result will suffice, but ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970).] The omitted instruction should have ...

docket:	a6861-02
court:	njappellate
decided:	2008-12-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	46921

3408 /usr/local/share/www/libweb/collections/courts/appellate/a5687-18.opn.html -- rank: 329

... without the categories of school aid proposed by the Governor. L. 2019, c. 150. It was signed by the Governor, effective ... included the categories of aid set forth A-5687-18 2 in the Governor's budget message. Pursuant to N.J ... required deadline did not create an emergency 'when it represent[ed] it [had] the funds to operate.' The ALJ found the ... other standards for emergent relief, citing to Crowe v. DeGoia, 90 N.J. 126 (1982). The Commissioner noted if the BOE ... Continue to Suffer Irreparable Harm if Relief is Not Granted. 2. The Underlying Legal Right is Well- Settled. 3. The Board ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the ...

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3409 STATE OF NEW JERSEY v. MARTIN R. TACCETTA, -- rank: 329

... Superior Court of New Jersey,         Law Division, Ocean County, SGJ272-90-1.         Steven B. Duke of the Connecticut bar, admitted         pro ... Object to Instructions That Omitted An Element of the Offense.         2. Trial Counsel Was Ineffective Between Verdict and Sentence.         3. Appellate ... Other Issues.         1. No Second Degree Racketeering Instruction Was Requested.                                                      2. No Unanimity Charge Was Requested on the Kind of Extortion ... Prejudicial.         1. Failure to Elicit Leonetti's Prior Incon- sistencies.         2. Failure to Call the Storinos as Witnesses.     The only one ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 , reh'g denied , 467 U.S. 1267 , ...

docket:	A3983-99
court:	NJ Superior Court Appellate Division
decided:	2002-05-29
status:	published
citation:	351 N.J. Super. 196 797 A.2d 884
Document Size:	18241

3410 STATE OF NEW JERSEY v. JASON SHELLEY -- rank: 329

... Education Administrative Code regulations, N.J.A.C. 6A:32-2.1, and "non-public" elementary school, under N.J.A.C. 6A:9-2.1. We disagree. The inclusion of "kindergarten" within the Education ... eight without departmental instruction." N.J.A.C. 6A:32-2.1. Similarly, under the Administrative Code, a private or "nonpublic ... Title VI of the Civil Rights Act of 1964 (P.L. 88-352). For purposes of this chapter, preschools licensed by ... be considered nonpublic schools. [ N.J.A.C. 6A:9-2.1 (emphasis supplied).] Although kindergarten is considered a "grade," N.J.A.C. 6A:9-2.1; N.J.A.C. 6A:32-2.1; ...

docket:	a0868-07
court:	superior court appellate division
decided:	2010-03-22
status:	unpublished
citation:
Document Size:	34853

3411 STATE OF NEW JERSEY v. J.L.G. -- rank: 329

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. J.L.G., a/k/a J.L.J., Defendant-Appellant. ——————â ... on the brief). PER CURIAM A jury convicted defendant J.L.G. of repeatedly sexually assaulting his stepdaughter, Bonnie, 1 over ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); third-degree aggravated criminal sexual contact, N ... imposed an aggregate sentence of twenty-three years of imprisonment, 2 with eighty-five percent parole ineligibility, pursuant to the No ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Along with other penalties and assessments, the court also ...

docket:	a3725-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-12
status:	published
citation:
Document Size:	42890

3412 STATE OF NEW JERSEY v. ZAKI JONES -- rank: 329

... 1); third-degree burglary, N.J.S.A. 2C:18-2; second-degree eluding, N.J.S.A. 2C:29-2b ... and first-degree carjacking, N.J.S.A. 2C:15-2. He was sentenced to an aggregate term of fourteen-years ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed an excessive sentence appeal and we affirmed the ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We nevertheless add these brief comments. To establish a deprivation ... functioning as the 'counsel' guaranteed . . . by the Sixth Amendment ," and (2) "there is a reasonable probability that, but for counsel' ...

docket:	a4354-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-29
status:	unpublished
citation:
Document Size:	14327

3413 STATE OF NEW JERSEY v. PIERRE BINOT -- rank: 329

... insufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following brief comments. In his PCR ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693.] This same two-prong test is applied ... criminal cases." McMann v. Richardson , 397 U.S. 759 , 771, 90 S. Ct. 1441 , 1449, 25 L. Ed.2d 763 , 773 (1970). The second prong requires ...

docket:	a1527-07
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	30760

3414 A-0TOBI TANGO v. WILLIAM F. CHRISTEN -- rank: 329

... years old, was working as a salesperson and earned approximately $90,000 in 2012. He stated that plaintiff earned approximately $37 ... he actually earned. At oral argument on his motion, defendant 2 provided the judge with his last three pay stubs, dated August 2, August 16, and August 30, 2013. 3 The August 30 ... in 2012, 2011, 2010." As noted above, that figure was $90,000. Plaintiff filed a cross-motion, also asking for a ... Plaintiff submitted a certification in which she agreed defendant earned $90,000 in 2012 and that she earned $37,000 that ... she relied upon defendant's admission that he still earned $90,000 per year, his weekly income would have been $ ...

docket:	a1998-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	24375

3415 PHILOMENA LINQUITO v. ANDREW L. SIEGEL, M.D. -- rank: 329

... AND PHILOMENA LINQUITO, INDIVIDUALLY,     Plaintiff-Appellant/     Cross-Respondent, v. ANDREW L. SIEGEL, M.D.,     Defendant-Respondent/     Cross-Appellant. ________________________________________________________________         Argued May 18 ... of New         Jersey, Law Division, Bergen County,         Docket No. BER-L-2725-99.         Bruce H. Nagel argued the cause for appellant ... the amount of $7,285, based on an assessment that 90% of decedent's "ultimate injuries or damages" were attributable to ... recurrence of decedent's bladder cancer in April 1997; and (2) an informed consent theory--that in April 1997 defendant failed ... 31, 1997. The radiologist reported a "thickening measuring just over 2 cm," of the right lateral wall of the bladder (the ... pelvis," but "recommended" that the CT scan results be "correlat[ed] with [a] cystoscopy."     Shortly after the CT scan, on ...

docket:	a4860-02
court:	njappellate
decided:	2004-06-16
status:	published
citation:	370 N.J. Super. 21
Document Size:	45194

3416 JAMES T. BRADY V. DEPARTMENT OF PERSONNEL -- rank: 329

... to 60 N.J. 356, 363 (1972); see also R. 2:2-3(a)(2).     Meaningful appellate review of an agency's decision and due ... of Insurance's Order Nos. A-89-119 and A-90-125 , 129 N.J. 365 (1992): One of the core ... denied 338 U.S. 900 , 70 S. Ct. 250 , 94 L. Ed. 554 (1949), and In re Carter , 192 F.2d ...

docket:	a5888-94
court:	njappellate
decided:	1996-04-19
status:	published
citation:	289 N.J.Super. 557
Document Size:	17272

3417 FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION -- rank: 329

... Court of New Jersey, Law Division, Union County, Docket Nos. L-0619-09 and L-1004-09. Mark M. Tallmadge argued the cause for appellant ... asbestos product "triggered" liability under comprehensive general liability (CGL) policies 2 in effect during the entire period of exposure. Id. at ... J. Property-Liability Ins. Guar. Ass'n v. Hill Int'l, Inc. , 395 N.J. Super. 196 , 204 (App. Div. 2007 ... such protection among insurers[.] [ N.J.S.A. 17:30A-2(a).] As defined by the statute, "covered claim" means an ... was located at the time of the insured event; or (2) the claim is a first party claim made by ...

docket:	a0016-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	42628

3418 STATE OF NEW JERSEY v. LOUIS LUIBIL -- rank: 329

... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add a brief explanation for that conclusion with respect ... v. Perez , 22 U.S. (9 Wheat.) 579, 580, 6 L. Ed. 165 , 165 (1824). Where the error is curable by a ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958)). Defendant claims, for the first ...

docket:	a6762-03
court:	njappellate
decided:	2005-11-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47918

3419 STATE OF NEW JERSEY v. HERIBERTO SOTO -- rank: 329

... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004). In Blakely , the trial judge had "imposed an exceptional sentence of 90 months, [which was] 37 months beyond the standard maximum." Id. at 300, 124 S. Ct. at 2535, 159 L. Ed. 2d at 411. The imposition of such an extreme sentence ... jury." Id. at 303, 124 S. Ct. at 2537, 159 L. Ed. 2d at 413. Thus, the Court held defendant' ...

docket:	A2638-03
court:	NJ Superior Court Appellate Division
decided:	2006-05-04
status:	published
citation:
Document Size:	22882

3420 FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION -- rank: 329

... Court of New Jersey, Law Division, Union County, Docket Nos. L-0619-09 and L-1004-09. Mark M. Tallmadge argued the cause for appellant ... asbestos product "triggered" liability under comprehensive general liability (CGL) policies 2 in effect during the entire period of exposure. Id. at ... J. Property-Liability Ins. Guar. Ass'n v. Hill Int'l, Inc. , 395 N.J. Super. 196 , 204 (App. Div. 2007 ... such protection among insurers[.] [ N.J.S.A. 17:30A-2(a).] As defined by the statute, "covered claim" means an ... was located at the time of the insured event; or (2) the claim is a first party claim made by ...

docket:	a0015-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	42628