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76 Philip A. Besler, et al. v. Board of Education of West Windsor-Plainsboro Regional School District, et al. -- rank: 770

... Dist. , 491 U.S. 701 , 737 (1989). (Pp. 16-20) 2. The Appellate Division misapprehended the Monell standard. The issue is ... Planning a question. At this point, Carr, the Principal, "jump[ed] up" and stated that Mr. Besler should not be allowed ... speak for three minutes "on any topic that they wish[ed]." C. At the conclusion of the trial, on Jennifer's ... S. 37 , 45-46, 103 S. Ct. 948 , 955, 74 L. Ed.2d 794 , 805 (1983)), and "leave[] open ample alternative channels ... U.S. 781 , 791, 109 S. Ct. 2746 , 2753, 105 L. Ed.2d 661 , 675 (1989)). The panel found the " ...

docket:	a-81-08
court:	supreme
decided:	2010-05-17
status:
citation:	201 N.J. 544 993 A.2d 805
Document Size:	263597

77 STATE OF NEW JERSEY V. STANLEY LEE TUCKER -- rank: 768

... Warner's body to the creek in Hopewell.     On December 2, 1987, Tucker was again given his Miranda rights. He was ... Tucker testified. To some extent, his testimony reflected his December 2, 1987, statement. He claimed that he did not intend to ... impact on the voluntariness of his statements. (pp. 9-16) 2. In Michigan v. Jackson , the United States Supreme Court held ... appearance on November 30, 1987. The admissibility of his December 2, 1987, confession is not barred by Michigan v. Jackson . (pp ... Deputy Public Defender II, argued the cause for appellant ( Susan L. Reisner , Acting Public Defender, attorney). Larry R. Etzweiler , Deputy Attorney ... the product of an illegal detention and that his December 2, 1987, confession to the homicide, admitted in evidence as ...

docket:	a-94-93
court:	njsupreme
decided:	1994-08-08
status:
citation:	135 N.J. 468
Document Size:	106253

78 Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission -- rank: 768

... Amended Proposed Rule contrary to Article VII, Section 1, Paragraph 2 of the New Jersey Constitution, and the legislative intent of ... would be deemed to violate Article VII, Section 1, Paragraph 2 and “the Civil Service Act, including the spirit, intent ... positions constituted final administrative determinations, subject to appeal. See R. 2:2-3(a)(2). The Communications Workers of America, AFL-CIO (CWA), the International ... the Speaker of the General Assembly challenged the adoption and 2 implementation of the job banding rule. The Appellate Division ...

docket:	a_47_16
court:	NJ Supreme Court
decided:	2018-08-08
status:
citation:
Document Size:	201566

79 GEORGE C. RILEY v. NEW JERSEY STATE PAROLE BOARD -- rank: 768

... and American Civil Liberties Union of New Jersey, attorneys; Edward L. Barocas, Jeanne Locicero, and Michael Z. Buncher, Deputy Public Defender ... for the continuous, satellite-based monitoring of certain sex offenders. L. 2007, c. 128. The Law was made effective immediately. On ... monitoring Parole Officer for installation of the GPS monitoring equipment. 2. You shall insure that the GPS tracking device is charged ... implement[] or interpret[] law," N.J.S.A. 52:14B-2(e), which should have been adopted in accordance with the ... 32 (1984). However, because appellant has not raised this argument, 2 we bypass it to address the primary question presented by ... an offense enumerated in N.J.S.A. 2C:7-2 fall within the purview of the Act, appellant's ...

docket:	a1004-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-22
status:	published
citation:	423 N.J. Super. 224 32 A.3d 190
Document Size:	113372

80 R.F. and R.F. v. Abbott Laboratories -- rank: 763

... federal regulations as well as federal statutes. (pp. 30-33) 2. Before the Appellate Division, the parties focused on whether the ... BCBC was defective under N.J.S.A. 2A:58C-2, See footnote 1 1 because its package insert failed to ... failure to warn under N.J.S.A. 2A:58C-2. I.     A. Facts     In 1981, five cases of a rare ... its antigen components, rather than the virus itself. See footnote 2 2 Dr. Gallo's prototype test used a bead coated with ... who could: (1) grow the virus “on a large scale;” (2) develop an ELISA test kit for distribution to blood ...

docket:	a-66-98
court:	njsupreme
decided:	2000-02-29
status:
citation:	162 N.J. 596
Document Size:	179977

81 NEW JERSEY COALITION AGAINST WAR IN THE MIDDLE EAST V. J.M.B. REALTY CORPORATION -- rank: 763

... the centers of commercial and social activity. (Pp. 21-26) 2.     The United States Supreme Court has held that the Federal ... purposes, and primary use of such property (its "normal" use); (2) the extent and nature of the public's invitation to ... attorneys; Mr. Aviv , Jo Ann Burk , Peter Petrou , and Bruce L. Segal , a member of the Michigan bar, on the brief ... and Development Co., Inc., d/b/a Monmouth Mall. Curtis L. Michael submitted a letter brief on behalf of respondent Hartz ... 8, 1990). Plaintiff -- a coalition of numerous groups See footnote 2 - opposed military intervention and sought public support for its views ... the malls including: 1) content-based regulations prohibiting offensive speech, 2) requirements that the group seeking access to the mall ...

docket:	a-124-93
court:	njsupreme
decided:	1994-12-20
status:
citation:	138 N.J. 326
Document Size:	182512

82 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 763

... in the development of our decisional law. (pp. 21-23) 2. Defendant was "in custody" for Miranda purposes. At the very ... made by     defendant before being informed of his Miranda rights;     2. The proximity in time and place between the pre- and ... Attorney General of New Jersey, attorney; Ms. Bartolomey and Karen L. Fiorelli , Deputy Attorney General, on the briefs). JUSTICE ALBIN delivered ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), no rule of law is better understood ... Bava of the Hudson County Prosecutor’s Office. See footnote 2 Detective Luster was the only witness to testify at ...

docket:	a-79-06
court:	njsupreme
decided:	2007-12-20
status:
citation:	193 N.J. 148 936 A.2d 438
Document Size:	108848

83 State v. Daron Josephs -- rank: 760

... that another shooter was involved, namely defendant. (Pp. 24-35) 2. Defendant contends that the trial court erred in the sequential ... Josephs, in violation of N.J.S.A. 2C:5-2 (Counts Six, Seven, Eight, and Nine, respectively); second-degree possession ... denied , 532 U.S. 996 , 121 S. Ct. 1657 , 149 L. Ed.2d 640 (2001); Commonwealth v. Hawkins , 701 A.2d 492 ... Virginia , 443 U.S. 307, 99 S. Ct. 2781 , 61 L. Ed.2d 560 (1979). Under that appellate standard of review, ...

docket:	a-113-99
court:	njsupreme
decided:	2002-07-15
status:
citation:	174 N.J. 44
Document Size:	215536

84 WASTE MANAGEMENT, INC., ET AL. V. THE ADMIRAL INSURANCE COMPANY, ET AL. -- rank: 760

... the right to contest the resulting judgment in Canadian court; 2) Canada is the appropriate forum because the insuring transaction and ... brought into court in the forum state. (pp. 10-13) 2.    Once a court finds that a defendant has purposefully established ... that they will suffer irreparable injury, as contemplated by Rule 2:2-2(b) governing interlocutory appeals to this Court, if the decision ... n.9, 104 S. Ct. 1868 , 1872 n.9, 80 L. Ed.2d 404, 411 n.9 (1984) (discussing general ...

docket:	a-9-93
court:	njsupreme
decided:	1994-10-13
status:
citation:	138 N.J. 106
Document Size:	80933

85 E&J EQUITIES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 758

... Court of New Jersey, Law Division, Somerset County, Docket No. L-1526-10. DeCotiis, FitzPatrick & Cole, LLP, attorneys for appellant (Louis ... Besler v. Bd. of Educ. of W. Windsor-Plainsboro Reg'l Sch. Dist. , 201 N.J. 544 , 570-71 (2010). In ... Diego , 453 U.S. 490 , 101 S. Ct. 2882 , 69 L. Ed.2d 800 (1981), the Supreme Court acknowledged the challenge of ... Id. at 500-01, 101 S. Ct. at 2889, 69 L. Ed. 2d at 810-11 (quoting Kovacs v. Cooper , 336 ...

docket:	a2432-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-17
status:	published
citation:	437 N.J.Super. 490 100 A.3d 539
Document Size:	85041

86 State of New Jersey v. Duane Kelly -- rank: 758

... first trial. That he cannot do here. (Pp. 15-22) 2. Given the trial record, the judge's charge, and the ... is reported at 406 N.J. Super. 332 (2009). Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ... time possessing with intent to distribute a controlled dangerous substance, 2 Anderson's .38 caliber handgun was missing from the apartment ... U.S. 117 , 129, 101 S. Ct. 426 , 433, 66 L. Ed.2d 328 , 340 (1980) (quoting North Carolina v. Pearce , 395 ... U.S. 711 , 717, 89 S. Ct. 2072 , 2076, 23 L. Ed.2d 656 , 664-65 (1969)). Implicated in this ...

docket:	a-24-09
court:	supreme
decided:	2010-05-04
status:
citation:	201 N.J. 471 992 A.2d 776
Document Size:	124386

87 STATE OF NEW JERSEY v. DAVID BASS -- rank: 758

... N.J.S.A. 2C:11-3a(1) and/or (2) (count one); unlawful possession of a handgun, N.J.S ... Cruiser, and she and Bradley left the motel at about 2:00 a.m. Johnson claimed that she was worried that ... involved than he was admitting, defendant was read his Miranda 2 rights, and after waiving them, gave two videotaped statements, which ... STATEMENTS TO POLICE ON MIRANDA AND FIFTH AMENDMENT GROUNDS. POINT 2 THE SELF-DEFENSE CHARGE WAS DEFICIENT AND PREJUDICED DEFENDANT. POINT ... J. CONST. 1947, ART. I, PARAS., 1, 10. SUPPLEMENTAL POINT 2 THE PROSECUTOR'S SUMMATION AND COURT'S FAILURE TO PROVIDE ... his statements to Officer Kelesidis by the Coca-Cola plant, (2) his statements to Officer Blaydes after he was driven ...

docket:	a5633-09
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	131883

88 Alloway v. General Marine Industries, L.P. -- rank: 755

... III, and New Hampshire Insurance Company v. General Marine Industries, L.P. and Mullica River Boat Basin (A-48-96) Argued ... over $40,000 to repair the boat. Alloway paid approximately $2,500 towards the repairs pursuant to his deductible under the ... caused by damage to the product itself. (pp. 6-8) 2. The relative bargaining power of the parties and the allocation ... NEW HAMPSHIRE INSURANCE CO.,     Plaintiffs-Respondents,         v. GENERAL MARINE INDUSTRIES, L.P.,     Defendant-Appellant,         and MULLICA RIVER BOAT BASIN,     Defendant.         Argued ... went bankrupt, and GMI, formerly known as GAC Partners, P.L. ("GAC"), purchased Glasstream's assets.     Allegedly because of a defective ... 106.63 to repair the boat. Alloway, who had a $2,500 deductible under the policy, paid $2,490 towards ...

docket:	a-48-96
court:
decided:	1997-06-30
status:
citation:	145 N.J. 372
Document Size:	79191

89 State of New Jersey v. Timyan Cabbell -- rank: 755

... Cabbell/State of New Jersey v. John Calhoun (A-89/90-09) (065129) Argued December 1, 2010 -- Decided July 26, 2011 ... constitutional substitute when the witness is available. (pp. 17-21) 2. The trial court was clearly mistaken when it responded that ... had the clear capacity to cause an unjust result. R. 2:10-2. The Court is therefore compelled to overturn defendants’ convictions and ... dissenting in part. SUPREME COURT OF NEW JERSEY A-89/ 90 September Term 2009 STATE OF NEW JERSEY, Plaintiff-Respondent, v ... and William P. Welaj , Designated Counsel, on the briefs). Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312

90 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S. -- rank: 753

... interests or positions divergent from that of the other parent; (2) any such conflicts may be waived by the clients, and ... criminal cases under the principles expressed in State v. Bell , 90 N.J. 163 (1982) and the possibly analogous procedures set forth in Rule 3:8-2. I. Background of the Parties and This Litigation Defendants are ... S.'s arrest for simple assault of K.S.; and (2) a report that G.S. had been arrested in October ... OPR offices that cover the State's twenty-one counties. 2 The OPR-Central regional office handles cases arising in Middlesex ... in accordance with N.J.S.A. 30:4C-61.2(a)(2). The Division requested that the permanency goal ...

docket:	a5222-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	published
citation:	447 N.J.Super. 539 149 A.3d 816
Document Size:	143656