Search Rutgers Law Library N.J. Court Opinions

3646 STATE OF NEW JERSEY v. EMMIT WORTHY -- rank: 312

... York , 392 U.S. 40 , 88 S. Ct. 1889 , 20 L. Ed.2d 917 (1968) and Hewett v. North Carolina , 415 F ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add, however, the following comments. Defendant's ineffective assistance ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, reh'g denied , 467 U.S. ...

docket:	A0138-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-17
status:	unpublished
citation:
Document Size:	54677

3647 STATE OF NEW JERSEY v. S.G. -- rank: 312

... 1) and N.J.S.A. 2C:13-1(b)(2); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3); second-degree endangering the welfare of a child ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). "To meet prong one, a defendant ...

docket:	a1281-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	unpublished
citation:
Document Size:	14312

3648 STATE OF NEW JERSEY v. ANTHONY PETER FAVOROSO -- rank: 312

... sex offender pursuant to N.J.S.A. 2C:7-2. Appropriate fines and penalties were imposed. On appeal, defendant presents ... predicate. State v. Olivera , 344 N.J. Super. 583 , 589-90 (App. Div. 2001). The State argues, and we agree, that ... a child, 177 N.J. 540 , 555 (2003) (quoting R. 2:10-1). When we review the trial court's denial ... Murphy , 465 U.S. 420 , 104 S. Ct. 1136 , 79 L. Ed.2d 409 (1984), for the proposition that he "was compelled ... at 436-38, 104 S. Ct. at 1147-48, 70 L. Ed. 2d at 425-26. Neither the holding of ...

docket:	A0357-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-26
status:	unpublished
citation:
Document Size:	58718

3649 STATE OF NEW JERSEY v. AFRIM TAIRI -- rank: 312

... Law Division, Bergen County, Indictment No. 01-06-1503. John L. Molinelli, Bergen County Prosecutor, attorney for appellant (Catherine A. Foddai ... 1995, that began on Staten Island and "culminated in Paterson"; 2) a "home invasion" on November 1, 1995, in Englewood; and ... Amendment right to effective assistance of counsel." State ex re l . S.G. , 175 N.J. 132 , 139 (2003). RPC 1 ... one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one ... to each affected client[.]" RPC 1.7(b)(1) and (2). RPC 1.9(a), entitled "Duties to former clients," provides ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989)); see also Holmes v. South ...

docket:	A3762-07
court:	NJ Superior Court Appellate Division
decided:	2008-06-17
status:	unpublished
citation:
Document Size:	47636

3650 CHEMICAL BANK VS LEROY BAILEY, ET ALS -- rank: 312

... Superior Court of New         Jersey, Law Division, Essex County.         Richard L. Marcickiewicz argued the cause for         appellant Stewart Title Guaranty Company ... Stewart Title] for the entire amount of such loss." Clause 2(E), in turn, provided: "[Stewart Title] shall furnish it's ... and incorrectly held that Section 5(c) was not enforceable; (2) Newman is liable to the extent that her legal malpractice ... 1) by an agreement between an insurer and the insured, (2) by statute, or (3) by a judicial "`device of equity ... the Chemical note and mortgage and settled the case and (2) Stewart Title impaired Newman's subrogation right when it settled ... 52 Am. Jur., Torts § 131, p.467; Annotations, 166 A.L.R. 1099 (1947); 65 A.L.R. 1087 (1930); ...

docket:	a921-95
court:	njappellate
decided:	1997-01-21
status:	published
citation:	296 N.J.Super. 515
Document Size:	34493

3651 GAYATRI SHAH v. MAYANK K. SHAH -- rank: 312

... 245-46, 253, 78 S. Ct. 1228 , 1235, 1240 1235, 2 L.Ed.2d 1283 , 1293, 1297-98 (1958); International Shoe Co. v ... 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L.Ed. 95 , 101-02 (1945); Pennoyer v. Neff , 95 U. ...

docket:	A0899-03
court:	NJ Superior Court Appellate Division
decided:	2004-11-09
status:	published
citation:	373 N.J. Super. 47 860 A.2d 940
Document Size:	18995

3652 STATE OF NEW JERSEY v. MARTELL J. LAND -- rank: 312

... proper advocacy and prejudiced their right to a fair trial; (2) the judge erred in denying their motions for a new ... defendants and, therefore, we do not reach their other arguments. 2 II The thrust of defendants' appeal is their argument that ... only shot Burgess but also shot himself or his cousin. 2. Martell's Statements The State also relied on statements given ... her house "ha[d] been shot up" and "somebody . . . chas[ed] [her] on December the 18th in a car and pulled ... ruling, the judge asked Martell's attorney whether he "want[ed] to espouse that position" as well. Martell's attorney responded ... 113 N.J. 393 , 447 (1988), ultimately prosecutors are "obligat[ed] . . . to seek a fair trial," West , supra , 29 N. ...

docket:	a1906-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-18
status:	published
citation:
Document Size:	74662

3653 DIVISION OF DEVELOPMENTAL DISABILITIES v. SHIRLEY MINNIX -- rank: 312

... to her care. See N.J.A.C. 10:44B-2.1(f)1. By letter dated November 1, 2004, she ... of appellant's license, N.J.A.C. 10:44B-2.1(f)1. This appeal ensued. A strong presumption of ... dismissed , 459 U.S. 962 , 103 S. Ct. 256 , 74 L. Ed.2d 272 (1982); Newark v. Natural Res. Council, Dep't of Envt'l Protection , 82 N.J. 530 , 539, cert. denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). This presumption is even stronger ...

docket:	a2965-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	unpublished
citation:
Document Size:	20456

3654 STATE OF NEW JERSEY v. KENNETH D. GLASCO -- rank: 312

... an injured victim, N.J.S.A. 2C:12-1.2 (count three). Following a jury trial, defendant was acquitted of ... the victim, N.J.S.A. 2C:44-1(a)(2); the risk defendant will commit another offense, N.J.S ... sufficient merit to warrant discussion in a written opinion, Rule 2:11-3(e)(2), we confine our discussion to Points I, II, and V ... an injured victim. N.J.S.A. 2C:12-1.2(a), as applied to this case, has three elements: (1) that defendant knowingly caused bodily injury to any person; (2) that the injured person was physically helpless, mentally incapacitated, ...

docket:	a0897-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-29
status:	unpublished
citation:
Document Size:	40847

3655 CHEMICAL BANK VS LEROY BAILEY, ET ALS -- rank: 312

... Superior Court of New         Jersey, Law Division, Essex County.         Richard L. Marcickiewicz argued the cause for         appellant Stewart Title Guaranty Company ... Stewart Title] for the entire amount of such loss." Clause 2(E), in turn, provided: "[Stewart Title] shall furnish it's ... and incorrectly held that Section 5(c) was not enforceable; (2) Newman is liable to the extent that her legal malpractice ... 1) by an agreement between an insurer and the insured, (2) by statute, or (3) by a judicial "`device of equity ... the Chemical note and mortgage and settled the case and (2) Stewart Title impaired Newman's subrogation right when it settled ... 52 Am. Jur., Torts § 131, p.467; Annotations, 166 A.L.R. 1099 (1947); 65 A.L.R. 1087 (1930); ...

docket:	a1466-95
court:	njappellate
decided:	1997-01-21
status:	published
citation:	296 N.J.Super. 515
Document Size:	35978

3656 STATE OF NEW JERSEY v. WILLIAM PURNELL -- rank: 312

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Prior to trial, because of concerns about defendant's competency ... 562, 568 (App. Div. 1986), certif. denied , 107 N.J. 90 (1987). I On June 3, 2002, at about 3:30 ... U.S. 375 , 378, 86 S. Ct. 836 , 838, 15 L. Ed.2d 815 , 818 (1966). Where evidence raises a bona fide ... i d. at 385, 85 S. Ct. at 842, 15 L. Ed. 2d at 822. Once the issue is raised, the ...

docket:	a5641-04
court:	njappellate
decided:	2007-06-18
status:	published
citation:	394 N.J. Super. 28
Document Size:	101607

3657 STATE OF NEW JERSEY v. NEDLEY A. ANDERSON -- rank: 312

... five years and 3 months in State Prison." See footnote 2     On defendant's appeal we concluded "that the sentence is ... Blakely v. Washington , 524 U.S. ___, 124 S. Ct. 2531 , ___ L. Ed.2d ___ (2004), the matter is postponed until a later date ... See also United States v. Booker , ___ U.S. ___, ___, ___ S. Ct. ___, ___, ___ L. Ed.2d ___, ___, ___, (2005) (opinion of the Court by Stevens, J., slip ... sentencing judge in Blakely "could not have imposed the exceptional 90-month sentence solely on the basis of the facts ...

docket:	A3932-03
court:	NJ Superior Court Appellate Division
decided:	2005-01-27
status:	published
citation:	374 N.J. Super. 419 864 A.2d 117
Document Size:	12468

3658 STATE OF NEW JERSEY v. RIYAD A. HASAN -- rank: 312

... to verify his identity, N.J.S.A. 2C:21-2.1c; and fourth-degree knowingly possessing the document, N.J.S.A. 2C:21-2.1d. A bench trial was then held on the disorderly ... days. On the shoplifting charge, defendant was sentenced to a 90-day custodial term to run concurrent to the exhibiting charge ... trial judge did not give the expert testimony model charge. 2 II. On appeal, defendant raises the following arguments: POINT I ... We therefore review the issues raised for plain error, R. 2:10-2, and briefly set forth the standards we must apply ...

docket:	a1909-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	unpublished
citation:
Document Size:	25966

3659 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 312

... For Hazel's first year in college, Syracuse offered her $2,600 in aid and $2,000 through a work-study project. Hazel agreed to work ... sought to compel Walker to: (1) extend child support payments; (2) contribute to Hazel's college expenses; (3) procure life insurance ... July 7, 1994 (directing Walker to pay college costs), August 2, 1994 (granting Black leave to apply for attorneys fees), and ... of the death of Joseph Walker, any orders previously entered, (2) consider an application for substitution of an appropriate representative party ... Joseph Walker as defendant and directed the Estate to pay: 90" of Hazel's college expenses (Black to pay 10"); $ ...

docket:	a356-94
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	45669

3660 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 312

... For Hazel's first year in college, Syracuse offered her $2,600 in aid and $2,000 through a work-study project. Hazel agreed to work ... sought to compel Walker to: (1) extend child support payments; (2) contribute to Hazel's college expenses; (3) procure life insurance ... July 7, 1994 (directing Walker to pay college costs), August 2, 1994 (granting Black leave to apply for attorneys fees), and ... of the death of Joseph Walker, any orders previously entered, (2) consider an application for substitution of an appropriate representative party ... Joseph Walker as defendant and directed the Estate to pay: 90" of Hazel's college expenses (Black to pay 10"); $ ...

docket:	a1239-95
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	49471