Search Rutgers Law Library N.J. Court Opinions

4396 STATE OF NEW JERSEY v. WESLEY CLAY -- rank: 216

... s breath, and the breathalyzer results above the legal limit. 2 A week after the reconsideration motion was denied, defendant entered ... is a factual basis for the plea." R. 7:6-2(a)(1). Indeed, constitutional law requires that a guilty plea ... voluntarily. Brady v. United States , 397 U.S. 742, 748, 90 S. Ct. 1463, 1468-69, 25 L. Ed. 2d 747, 756 (1970). After a careful review of the ... sobriety test training prior to administering the test to defendant. 2 According to the record, defendant had a blood alcohol ...

docket:	a2790-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	24974

4397 STATE OF NEW JERSEY v. LAWRENCE W. LAPCZYNSKI -- rank: 216

... maintain the internet system and troubleshoot any A-1671-19 2 problems. Defendant acknowledged leaving his desktop computer screen open, and ... it's a fantasy.' Stilwell responded that if defendant 'need[ed] some type of help, I mean, that is -- that's ... law subject to plenary review on appeal.' Id. at 389-90 (quoting State v. Cleveland, 371 N.J. Super. 286, 295 ... 1) that consent was made by an individual already arrested; (2) that consent was obtained despite a denial of guilt; (3 ... reason to believe that the police would find no contraband; (2) that the defendant admitted his guilt before consent; [and] (3 ... suspect's will' may also indicate coerced consent. State v. L.H., 239 N.J. 22, 44 (2019). The promise ...

docket:	a1671-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-09
status:	Unpublished
citation:
Document Size:	27206

4398 DIVISION OF CHILD PROTECTION AND PERMANENCY v. Z.J.C. -- rank: 216

... 16. Joseph E. Krakora, Public Defender, attorney for appellant (Sarah L. Monaghan, Designated Counsel, on the briefs). Christopher S. Porrino, Attorney ... found that the evidence was clear and convincing and "reveal[ed] that the children [were] not a priority for their biological ... caregiver, and the aunt was willing to adopt the children. 2 Defendant filed his motion to vacate. In Judge Pullen's ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We address only defendant's ... though she failed to appear for trial. Id. at 388-90. The mother, who suffered from various mental health conditions that ... appeal from the guardianship judgment and order terminating her rights. 2 Pursuant to N.J.S.A. 3B:12A-6( ...

docket:	a4702-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	25805

4399 CARMELA NATIVO VS THE GRAND UNION COMPANY -- rank: 216

... statute of limitations expired. N.J.S.A. 2A:14-2.     On September 6, 1996, seven days after the statute of ... occurring on or after the commencement of the case, or (2) 30 days after notice of the termination or expiration of ... denied , 515 U.S. 1160 , 115 S. Ct. 2614 , 132 L. Ed.2d 857 (1995) (Section 108(c) "does not create a ... the delay in filing. In Ochs v. Federal Ins. Co. , 90 N.J. 108 (1982), the Court found no equitable grounds ... file this complaint under N.J.S.A. 2A:14-2 after receipt of the July 3, 1996 Stipulation and ...

docket:	a0924-97
court:	njappellate
decided:	1998-10-01
status:	published
citation:	<a href=
Document Size:	13157

4400 STATE OF NEW JERSEY v. CATHERINE POUCH-MENDOLA -- rank: 216

... s witnesses credible and defendant's version of events "lack[ed] credibility." The judge concluded the State's evidence proved beyond ... of drugs and alcohol. The officers' observations showed defendant "exhibit[ed] all of the classic indicia . . . of being under the influence ... dismissed , 484 U.S. 1038 , 108 S. Ct. 768 , 98 L. Ed.2d 855 (1988); State v. Mulcahy , 107 N.J. 467 ... as to other persons on the highway." Id. at 589-90 (citation and internal quotation marks omitted). Observational evidence may also ... after raising each leg for only a few seconds; and (2) using her arms for balance and not walking heel- ...

docket:	a5284-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	26361

4401 CARLOS PEREZ v. NEW JERSEY STATE PAROLE BOARD -- rank: 216

... N. J. 113 (1969), cert. denied , 398 U.S. 938 , 90 S. Ct. 1841 , 26 L. Ed 2 d 270 (1970). On this appeal, Perez presents the following ... TO N.J.A.C. 10A:71-4(a)(1), (2)(1); AND Sixth Amendment Right to Confront My Accuser. B ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for ...

docket:	a4793-08
court:	superior court appellate division
decided:	2010-06-28
status:	unpublished
citation:
Document Size:	25353

4402 /usr/local/share/www/libweb/collections/courts/appellate/a3637-20.opn.html -- rank: 216

... Rothstein, Mandell, Strohm, Halm & Cipriani, PA, attorneys for appellant (Jean L. Cipriani and Robin La Bue, on the briefs). Matthew J ... a hearing to discuss the redevelopment of A-3637-20 2 various properties in the municipality, including the Travel Inn. At ... units of dwelling space.' N.J.S.A. 55:13A-2. In enacting the HMDL, the Legislature intended to provide 'stronger ... goals, the HMDL empowers the Department to promulgate regulations 'deem[ed] necessary to assure that any hotel or multiple dwelling will ... App. Div. 1988) (citing N.J.S.A. 55:13A-2). The HMDL expressly grants to the Department's Commissioner 'all ... enabling statute.' Id. at 302; see also In re Polk, 90 N.J. 550, 574 (1982) (rejecting a license holder' ...

docket:
court:
decided:
status:
citation:
Document Size:	21568

4403 IN THE MATTER OF THE CIVIL COMMITMENT OF T.J.T. -- rank: 216

... N.J. 563 , 570 (quoting 130 S. Ct. 509 , 175 L. Ed.2d 361 (2009). The primary purpose of the SVPA is ... of J.M.B. , 395 N.J. Super. 69 , 89-90 (App. Div. 2007), aff'd , 197 N.J. at 563 ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the ... Freedman in his oral opinion of January 20, 2010. R. 2:11-3(e)(1)(A). Nevertheless, we add the following ... specified. (continued) (continued) 10 A-2623-09T2 RECORD IMPOUNDED August 2, 2010 This archive is a service of Rutgers School ...

docket:	a2623-09
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	35283

4404 STATE OF NEW JERSEY v. EDDIE NIXON -- rank: 216

... Court of New Jersey, Law Division, Middlesex County, Indictment No. 90-03-00161. Eddie Nixon, appellant pro se. Bruce J. Kaplan ... the record and conclude defendant's argument lacks merit. R. 2:3-11(e)(2). Defendant's additional claim that PCR counsel was ineffective for ... is, it fell below an objective standard of reasonableness; and 2) counsel's deficient performance prejudiced the defense, that is, there ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Allah , 170 N. ...

docket:	a4820-07
court:	superior court appellate division
decided:	2009-08-26
status:	unpublished
citation:
Document Size:	28554

4405 STATE OF NEW JERSEY v. DANIEL P. ALEX -- rank: 214

... 2007 Decided September 12, 2007 Before Judges Yannotti and C.L. Miniman On appeal from the Superior Court of New Jersey ... 073. John Vincent Saykanic argued the cause for appellant. Julian L. Hill, Assistant Morris County Prosecutor, argued the cause for respondent ... U.S. 106 , 114, 106 S. Ct. 960 , 966, 89 L. Ed.2d 81 , 90 (1986)). To protect drivers' privacy interests in the information contained in the DMV database, N.J.S.A. 39:2-3.3 and -3.4 were enacted to bring ...

docket:	a6192-05
court:	njappellate
decided:	2007-09-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	28326

4406 JOSEPH BURKE v. SEA POINT REALTORS -- rank: 214

... 2008 - Decided Before Judges Collester, C.S. Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. L-928-06. Joseph Burke and Timothy Burke, appellants pro se ... in the earlier case." Allen v. McCurry , 449 U.S. 90 , 95, 101 S. Ct. 411 , 415, 66 L. Ed.2d 308 , 313 (1980) (citation omitted); see also Biddle v ... advantage over their competition for this property. Rule 4:94-2, which indicates the circumstances that would permit a guardian ...

docket:	a5652-06
court:	njappellate
decided:	2008-05-30
status:	published
citation:	400 N.J.Super. 398
Document Size:	57166

4407 AILEEN R. SCHWARTZ v. ALAN SUSSMAN -- rank: 214

... one point, after an interruption, the judge instructed defendant to "[l]et me finish before you keep cutting me off." As ... interrupted plaintiff again and ignored the court's direction to "[l]et her finish," the court threatened sanctions: Mr. Sussman. Mr ... discussion in a written decision beyond these brief comments. R. 2:11-3(e)(1)(e). "[D]ignity, order, and decorum ... our country." Illinois v. Allen , 397 U.S. 337, 343, 90 S.Ct. 1057 , 1061, 25 L. Ed.2d 353 , 359 (1970). The flagrant disregard in the ...

docket:	a5833-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	17808

4408 STEEPLECHASE VILLAGE, INC. v. TOWNSHIP OF EGG HARBOR et al. -- rank: 214

... Decided July 19, 2006 Before Judges Coburn, Lisa and S.L. Reisner. On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, L-3101-05. Lori C. Greenberg, attorney for appellant. Marc Friedman ... all residential units in the community. In particular, Section 118-2 of the Township Code provides that the Township or its ... boundaries. Pleasure Bay Ap artments , supra , 66 N.J. at 90. However, a municipality that chooses to provide trash collection service ... denied , 430 U.S. 977 , 97 S. Ct. 1672 , 52 L. Ed.2d 373 (1977). The analysis in this case, as ...

docket:	A0831-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-19
status:	unpublished
citation:
Document Size:	46247

4409 JOHN P. TWINING BLASTING et al. v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 214

... issed , 449 U.S. 944 , 101 S. Ct. 342 , 66 L. Ed.2d 208 (1980); In re Polk License Revocation , 90 N.J. 550 , 578 (1982); and Henry v. Rahway State ... to decide contested cases." In re Uniform Admin . Procedure Rules , 90 N.J. 85 , 90 (1982). The most important goal of the APA provisions governing ... with the provision of the Act by the alleged violator; 2. The degree of cooperation afforded to the Commissioner's ...

docket:	A1428-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-17
status:	unpublished
citation:
Document Size:	53995

4410 RHODA ANDERSON v. V. AT&T, LUCENT TECHNOLOGIES, INC., et al. -- rank: 214

... 30, 2006 - Decided December 7, 2006 Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of New Jersey, Law Division, Union County, L-4281-01. Kevin M. Kiernan argued the cause for appellant ... U.S. 242 , 252, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)). Having thoroughly read the record, including ... either (1) disbelieve the employer's articulated legitimate reasons; or (2) believe that an invidious discriminatory reason was more likely than ... her secure position at AT&T. See id. at 289-90. And since Craven testified at her deposition that plaintiff' ...

docket:	a7132-03
court:	njappellate
decided:	2006-12-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48587