Search Rutgers Law Library N.J. Court Opinions

3976 IN THE MATTER OF THE CIVIL COMMITMENT OF F.X.V. -- rank: 284

... offenses related in that opinion. Id. , (slip op. at 1-2). We note that, although an admitted child molester of many ... to re-offend and, therefore, not eligible for release, and (2) beyond our authority. The STU is not recommending conditional discharge ... following witnesses: 1) a psychologist, Jeffrey B. Allen, Ph.D., 2) the clinical director of STU, Merrill Main, Ph.D., 3 ... an STU social worker, Samantha Ames, and 4) Ann Portas, L.C.S.W., Deputy Director of the Division of Mental ... Jersey , 558 U.S. 999 , 130 S. Ct. 509 , 175 L.Ed.2d 361 (2009). Thus, the SVPA provides for the ...

docket:	a6081-09
court:	NJ Superior Court Appellate Division
decided:	2013-11-06
status:	unpublished
citation:
Document Size:	18915

3977 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 284

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on his conviction for first- degree aggravated manslaughter, N.J ... State v. Perez, 238 N.J. 379 (2019). At approximately 2:00 a.m. on July 29, 2011, patrol units of ... over, takes his wallet, and runs off. A-5620-18 2 [Ibid. (slip op. at 3-5).] The victim died at ... three days later. Id. at 6. The autopsy report 'list[ed] the cause of death as blunt head trauma and the ... degree murder, N.J.S.A. 2C:11-3(a)(2); first-degree felony murder, N.J.S.A. 2C:11 ... referee. The prosecutor found defendant's 'escalating criminal activity weigh[ed] heavily in favor of waiver.' A-5620-18 8 ...

docket:	a5620-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-07
status:	Unpublished
citation:
Document Size:	53236

3978 STATE OF NEW JERSEY v. EDDIE MARTIN -- rank: 284

... trial, our review is under the plain error standard. R. 2:10-2. We reverse only if the error was "clearly capable of ... v. Miller , 205 N.J. 109 , 126 (2011) (quoting R. 2:10-2; State v. Walker , 203 N.J. 73 , 89-90 (2010)). Whittaker was presented as a lay witness. Therefore, his ... Miss. , 410 U.S. 284 , 93 S. Ct. 1038 , 35 L. Ed.2d 297 (1973); State v. Koedatich , 112 N. ...

docket:	a4919-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-09
status:	unpublished
citation:
Document Size:	34223

3979 LESLIE SMITH v. BETTE R. GRAYSON -- rank: 284

... Court of New Jersey, Law Division, Essex County, Docket No. L-2444-08. Kenneth S. Thyne argued the cause for appellant ... one-half share of the equity in the home; a $90,000 lump sum payment representing plaintiff's interest in her ... historical earning capacity of between $225,000 and $250,000, 2 the expert opined that plaintiff would have been awarded permanent ... question of law that we review de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140. N.J. 366 ... her attorney's negligence, the plaintiff in Guido "specifically contend[ed] that he was not aware of the effect the restrictions ... would have received permanent alimony had she gone to trial; (2) the basis for her projection as to the quantum ...

docket:	a1072-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	64944

3980 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 OF CHILD PROTECTION AND PE -- rank: 284

... Chancery Division, Family Part, Cumberland County, Docket No. FN-06-90-14. Joseph E. Krakora, Public Defender, attorney for appellant (Durrell ... but he was not involved in the proceedings. On January 2, 2014, Barbara and James were involved in a one-car ... and to have the children ride unrestrained in the car. 2 Thereafter, Barbara entered into a stipulation under which she consented ... thereof[.] [ N.J.S.A. 9:6-8.21(c)(2) and (c)(4)(b).] The statute does not require that ... Children and Families, Div. of Youth & Family Servs. v. A.L. , 213 N.J. 1 , 28 (2013). This requires demonstrating "the ... error was "clearly capable of producing an unjust result[.]" R. 2:10-2; see also State v. Robinson , 200 N. ...

docket:	a2298-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	30468

3981 STATE OF NEW JERSEY v. HEE S. BAE -- rank: 284

... 009-06-09. Greggory M. Marootian, attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior ... defendant brought this PCR petition pursuant to R. 7:10-2(g), to seek relief from the enhanced custodial term appropriate ... the term of imprisonment may be lowered by up to 90 days of community service. For those reasons, I'm going ... was due to defendant's excusable neglect. Rule 7:10-2(g), which was added to specifically address Laurick PCR petitions ... be provided for them if they could not afford one. 2. Non-indigent defendants must establish that they were not advised ... denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). This archive is a service ...

docket:	a3777-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-07
status:	unpublished
citation:
Document Size:	15253

3982 ARIEL SCHOCHET v. SHARONA SCHOCHET -- rank: 284

... February 6, 2014 order in the interest of justice, R. 2:2-4, and now affirm the trial court's order. In ... Fourteenth Amendment Due Process Clause of the United States Constitution 2 and the New Jersey Constitution, Article I, Paragraph 1. Id ... obligor is indigent for representation purposes." 2014 Directive, supra , at 2. Then, the trial court must "make a second finding as ... court's justification for ordering it. 2014 Directive, supra , at 2-3; see also id. at 5-7 (Revised Form promulgated ... but willfully refused to do so." Id. at 141 n.2; see also Milne v. Goldenberg , 428 N.J. Super. ...

docket:	a3601-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	published
citation:	435 N.J.Super. 542 89 A.3d 1264
Document Size:	31452

3983 KENNETH SIMMONS, v. TOWNSHIP OF MAPLEWOOD -- rank: 284

... from Superior Court of New Jersey, Law Division, Essex County, L-10345-04. Scarpone, Staiano & Savage, attorneys for appellant Simmons (James ... attorney for appellant Singleton. Bendit Weinstock, attorneys for respondent (William L. Gold, of counsel and on the brief). PER CURIAM These ... them the benefit of all favorable inferences. R. 4:46-2; P ie rce v. Ortho Pharmaceutical , 84 N.J. 58 ... Armstrong v. M orri ll , 14 Wall 120 , 145, 20 L. Ed.2d 765 , 772 (1872); Strong v. Whibco , supra , 314 N ... 348 (1960); Powell on Real Property , supra , §91-11(2); Annotation: Racking-Prescriptive Easements , 57 ALR 3 d 648, ...

docket:	A3141-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-05
status:	unpublished
citation:
Document Size:	42680

3984 STATE OF NEW JERSEY v. NIREIL A. LOGAN -- rank: 284

... k/a NIRELL ANDREW LOGAN, TERRELL WILSON, TERREL WILSON, KENNETH L. LOGAN, Defendant-Appellant. __________________________________ April 8, 2014 Submitted March 18, 2014 ... five, first-degree carjacking, N.J.S.A. 2C:15-2, and the merged count seventeen, second-degree conspiracy to commit robbery and burglary, N.J.S.A. 2C:5-2. For carjacking, defendant was sentenced to twenty years imprisonment, subject ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On the conspiracy count, defendant received a concurrent seven-year ... the sufficiency of the jury instruction regarding the carjacking count. 2 At trial, defendant did not request the court to charge ... error was "clearly capable of producing an unjust result." R. 2:10-2. Not any possibility is sufficient, but it ...

docket:	a5181-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-08
status:	unpublished
citation:
Document Size:	27212

3985 State v. Breane Starr Blakney -- rank: 284

... based on the dissent in the Appellate Division, see R. 2:2-1(a)(2), involves the tragic death of a six-month old child ... Weissbard who would have reversed defendant’s murder conviction. R. 2:2-1(a)(2). In Judge Weissbard’s view, the trial court’s ...

docket:	a-117-05
court:	njsupreme
decided:	2006-12-20
status:
citation:	189 N.J. 88
Document Size:	29911

3986 DAVID LEMMON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 284

... respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Justin L. Conforti, Deputy Attorney General, on the brief). PER CURIAM Appellant ... Department of Health and Senior Services for testing. On March 2, Lemmon was transferred to the Central Reception and Assignment Facility ... use of opiates. Lemmon was charged with disciplinary infraction .204A, 2 use by an inmate, who is assigned to a Residential ... on February 26. The test results, which were dated March 2, indicated use of opiates. On April 18, Disciplinary Hearing Officer ... policy as defined in N.J.A.C. 10A:1-2.2. [Lemmon's] plea of guilt to the Hearing Officer ...

docket:	a4532-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	16987

3987 806 6TH ST. HCPVI, LLC v. NELSON NUNEZ -- rank: 284

... was the primary sponsor of the legislation. A-0753-21 2 ability to trace and replace money orders allegedly sent for ... scheduled a hearing. In his submission, defendant claimed he 'lack[ed] the ability to read and understand legal A-0753-21 ... filed an application for a warrant of removal for March 2, 2020. On March 3, 2020, defendant filed a third order ... temporarily placing a moratorium on A-0753-21 4 evictions,2 the parties did not submit the requested briefing. During the ... It specifically argued '[t]his warrant was not requested or 2 '[O]n March 19, 2020, the Governor issued Executive Order ... application against the factors set forth in Crowe v. DeGioia, 90 N.J. 126 (1982), 'we conclude[d] defendant ha[ ...

docket:	a0753-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-23
status:	Unpublished
citation:
Document Size:	34609

3988 ORAZIO FALCONE, et al. v. PIZZERIA AND ITALIAN RESTAURANT -- rank: 284

... February 26, 2007 - Decided March 13, 2007 Before Judges S.L. Reisner and Seltzer. On appeal from the Superior Court of ... Ramsey Berman, attorneys for appellant (Thomas C. Jardim and Katherine L. Mikalainis, of counsel and on the brief). Price Meese Shulman ... brief). PER CURIAM Defendant, Sherry Kellner, appeals from a June 2, 2006, order permitting plaintiffs, Orazio Falcone and Stacie K. Falcone ... preliminary injunctive relief set out in Crowe v. De Gioia , 90 N.J. 126 , 132-34 (1982) , her order notes that ... U.S. 59 , 63, 77 S. Ct. 161 , 165, 1 L. Ed.2d 126 , 132 (1956)). Although plaintiffs might have sought ...

docket:	a5567-05
court:	njappellate
decided:	2007-03-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30050

3989 STATE OF NEW JERSEY v. FAHEEM K. COOK -- rank: 284

... conspiracy to commit robbery, N.J.S.A. 2C:5-2, as charged in a February 2010 Essex County indictment. After ... merging the conspiracy count into the robbery count, Judge Michael L. Ravin imposed a sentence of seven years, with an eighty ... Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. Cook and his cousin James Bush were ... were captured in a surveillance photo near the station at 2:02 p.m. The two walked around, "lookin' for somebody ... station. Bush was depicted in a photo, time-stamped at 2:00 p.m., in front of the McDonalds. Bush and ... depicting Cook and Bush inside the train station shortly after 2:00 p.m. Salazar's version of the crime ...

docket:	a2761-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-31
status:	unpublished
citation:
Document Size:	32667

3990 THE BAR ON THE PIER, INC. v. DAVID BASSINDER, et al. -- rank: 284

... Court of New Jersey, Law Division, Monmouth County, Docket Number L-5966-99.         William J. Wolf argued the cause for appellant ... at the close of plaintiff's case. R. 4:37-2(b).      The central issue on appeal is whether the condemnation ... it agreed to sell the license to Bassinder See footnote 2 2 for $242,000, payable by two $17,500 payments, and ... in favor of the rights bestowed upon it by subparagraph 2.d." The agreement does not have a time limit for ... instead of "in favor of the rights bestowed . . . by paragraph 2.d." He admitted that he should have drafted the ...

docket:	A1743-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-12
status:	published
citation:	358 N.J. Super. 473 818 A.2d 424
Document Size:	25539