Search Rutgers Law Library N.J. Court Opinions

901 CHRISTOPHER J. McKELVEY v. REV. WILLIAM C. PIERCE, et al -- rank: 516

... Superior Court of New Jersey, Law Division, Atlantic County, ATL-L- 1042-99.         Stephen C. Rubino argued the cause for appellant ... by defendants for judgment on the pleadings, R. 4:6-2(e), effectively became a motion for summary judgment. R. 4:46-2; see Pressler, Current N.J. Court Rules , comment 4.1 on R. 4:6-2(e)(2001). II     In January 1985 plaintiff made inquiry of ... includes a defaulted student loan balance statement of $37,998.90, inclusive of interest, owed to Payco General American Credits, as ... U.S. 1 , 15, 67 S. Ct. 504 , 511, 91 L. Ed. 711 , 723 (1947) (establishment clause); Cantwell v. Connecticut , ...

docket:	a6660-99
court:	njappellate
decided:	2001-07-05
status:	published
citation:	342 N.J. Super. 399
Document Size:	45773

902 JAMES CONSTRUCTION COMPANY VS BOARD OF PUBLIC UTILITIES, STATE OF NEW JERSEY & JOSEPH L. MUSCARELLE -- rank: 516

... PUBLIC UTILITIES, STATE OF NEW JERSEY,     Defendant-Respondent, and JOSEPH L. MUSCARELLE, INC., J.L.M. PHOENIX CONSTRUCTION CORPORATION and LINDE GRIFFITH CONSTRUCTION COMPANY,     Defendants ... brief).         Charles F. Kenny argued the cause for         appellants Joseph L. Muscarelle, Inc. and J.L.M.         Phoenix Construction Corporation (Peckar &         Abramson, attorneys; Mr. Kenny and ... Protection Act (UFPA or Act), N.J.S.A. 48:2-74, -76. UFPA requires excavators to notify the One-Call ... excavation nearby to a facility. N.J.S.A. 48:2-80 to -82.     The BPU thus commenced an investigation ...

docket:	a3623-95
court:	njappellate
decided:	1997-03-06
status:	published
citation:	298 N.J.Super. 355
Document Size:	24060

903 IN THE MATTER OF COUNTY OF MORRIS v. MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO -- rank: 516

... the respective "collective bargaining" or "collective negotiation" units. See footnote 2 In both cases the County was ordered to "[c]ease ... s constitutional authority to reasonably regulate access to its property," (2) "PERC committed legal error in its decision below in that ... 788 , 804-808, 105 S. Ct. 3439 , 3450-52, 87 L. Ed.2d 567 , 581-84 (1985) (upholding presidential executive order prohibiting ... 37 , 46-48, 103 S. Ct. 948 , 955-56, 74 L. Ed.2d 794 , 805-07 (1983) (school district's internal ...

docket:	A1575-02
court:	NJ Superior Court Appellate Division
decided:	2004-07-21
status:	published
citation:
Document Size:	48703

904 STATE OF NEW JERSEY v. VICTOR GONZALEZ -- rank: 516

... Arnold, however, grabbed the gun and as the two "wrestl[ed]" with it, a shot was fired. According to Zayas, he ... conspiracy to commit robbery, N.J.S.A. 2C:5-2; N.J.S.A. 2C:15-1; second-degree aggravated ... aggravated assault, N.J.S.A. 2C:12-1(b)(2); fourth-degree aggravated assault, N.J.S.A. 2C:12 ... an injured victim, N.J.S.A. 2C:12-1.2; and third-degree hindering apprehension or prosecution, N.J.S ... HAVE BEEN SUPPRESSED BECAUSE GONZALEZ NEITHER VALIDLY WAIVED HIS MIRANDA [ 2 ] RIGHTS NOR PROVIDED THE STATEMENT VOLUNTARILY (Partially Raised Below). IV ... Point III to require discussion in a written opinion, R. 2:11-3(e)(2). We turn first to the ...

docket:	a0768-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-25
status:	published
citation:	444 N.J.Super. 62 130 A.3d 1250
Document Size:	62738

905 IN THE MATTER OF COUNTY OF MORRIS v. MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO -- rank: 516

... the respective "collective bargaining" or "collective negotiation" units. See footnote 2 In both cases the County was ordered to "[c]ease ... s constitutional authority to reasonably regulate access to its property," (2) "PERC committed legal error in its decision below in that ... 788 , 804-808, 105 S. Ct. 3439 , 3450-52, 87 L. Ed.2d 567 , 581-84 (1985) (upholding presidential executive order prohibiting ... 37 , 46-48, 103 S. Ct. 948 , 955-56, 74 L. Ed.2d 794 , 805-07 (1983) (school district's internal ...

docket:	A0837-02
court:	NJ Superior Court Appellate Division
decided:	2004-07-21
status:	published
citation:	371 N.J. Super. 246 852 A.2d 112
Document Size:	48735

906 SHARON KELLY O'BRIEN v. TELCORDIA TECHNOLOGIES INC -- rank: 516

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5516-03. Christopher W. Hager argued the cause for appellant ... Duffy argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., attorneys; Francis X. Dee, of counsel; Mr. Dee and ... from a peak of 8,000 employees to less than 2,600 in 2007. In 2002, Telcordia reduced its workforce by ... U.S. 792 , 802, 93 S. Ct. 1817 , 1824, 36 L. Ed.2d 668 , 677 (1973). See also Grigoletti v. Ortho ...

docket:	a4021-07
court:	New Jersey Superior Court Appellate Division
decided:	2011-03-01
status:	published
citation:	420 N.J. Super. 256 20 A.3d 1154
Document Size:	48018

907 STATE OF NEW JERSEY v. ANGEL MARTINEZ -- rank: 516

... one); second-degree burglary, N.J.S.A. 2C:18-2 (count two); two counts of second-degree aggravated assault, inflicting ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant was ordered to serve this sentence consecutively to a ... 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). Second, a defendant must prove he ...

docket:	a1004-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-07
status:	unpublished
citation:
Document Size:	33038

908 STATE OF NEW JERSEY v. MARC ORIVAL -- rank: 516

... with second-degree eluding, N.J.S.A. 2C:29-2(b). Defendant moved to suppress his statement to Detective Dugan ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968)). To assess reliability, the court considered ... to view the criminal at the time of the crime; (2) the witness's degree of attention; (3) the accuracy of ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). In Henderson , the Court relied ...

docket:	a3410-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-17
status:	unpublished
citation:
Document Size:	36247

909 STATE OF NEW JERSEY v. FRANK L. MARSH -- rank: 516

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FRANK L. MARSH, a/k/a FRANK LEWIS MARSH, JR., Defendant-Appellant ... N.J.S.A. 2C:11-3(a)(1) or (2), N.J.S.A. 2C:11-3(b)(4), and ... N.J.S.A. 2C:11-3(a)(1) or (2), N.J.S.A. 2C:11-3(b)(4), and ... Release Act (NERA), N.J.S.A. 2C:43-7.2, to run concurrent to the sentence on count one. Defendant ... defendant had previously shown him a loaded "two-shot Derringer" 2 he owned. Defendant left one of the Derringer's "very ... kept in his house. On December 15, he worked from 2:00 p.m. until approximately 11:00 p.m. ...

docket:	a6279-10
court:	NJ Superior Court Appellate Division
decided:	2014-10-16
status:	unpublished
citation:
Document Size:	93722

910 Robert Maglies v. Estate of Bertha Guy, et al. -- rank: 516

... monthly rent directly to Maglies, and Guy paid the remainder. 2 In 2001 , Guy’s adult daughter, Sherri Jennings, moved into ... tenant and Jennings under the heading of “Household.” 2 Guy died on March 30 , 2005. Jennings sought and received ... issue about a continued right to possession. (Pp. 8-14) 2. Under New Jersey’s common law, upon a tenant’s ... which the government paid $441 and the household paid $233. 2 After the initial one-year term of the lease expired ... denied , 544 U.S. 963 , 125 S. Ct. 1727 , 161 L. Ed.2d 606 (2005), as support for distinguishing between right ...

docket:	a-50-06
court:
decided:	2007-12-12
status:
citation:	193 N.J. 108
Document Size:	133739

911 STATE OF NEW JERSEY v. ANTHONY ARDIS and PAUL BAZELA - -- rank: 516

... never supported by any evidence produced at the trial; and (2) undue restrictions imposed upon Ardis's counsel in cross-examining ... Background The PVSC was established by statute in 1902. See L. 1902, c. 49, p. 195 (now codified at N.J.S.A. 58:14-2). It maintains as a wastewater treatment plant for forty-eight ... second-degree official misconduct, N.J.S.A. 2C:30-2 (Count Two); second-degree pattern of official misconduct, N.J ... commit those charged acts, N.J.S.A. 2C:5-2 (Count One). In April 2012, Ardis filed a motion â ... of improper personal services charged in the Ardis/Bazela indictments. 2 Bazela's Attorney's Opening Statement and The Court' ...

docket:	a0670-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	88817

912 State v. Danyell Fuqua -- rank: 513

... harm. 1. N.J.S.A. 2C:24-4(a)(2) provides, in pertinent part: “[a]ny person having a ... aid of the court.” (emphases added). (pp. 8-9) 2. N.J.S.A. 2C:24-4(a)(2) is clearly and readily capable of comprehension. The Court sees ... offense.” N.J.S.A. 2C:24-4(a)(2) defines “harm” by expressly incorporating N.J.S.A ... convict under N.J.S.A. 2C:24-4(a)(2). Instead, they have concluded that proof of a child’s ... Super. 143, 150–51 (App. Div. 2002); State v. M.L., 253 N.J. Super. 13, 31 (App. Div. 1991) ( ...

docket:	a_4_17
court:	NJ Supreme Court
decided:	2018-08-09
status:
citation:
Document Size:	73525

913 STATE OF NEW JERSEY v. TAYSIR SHEIKA, -- rank: 513

... from Superior Court of New Jersey,         Law Division, Passaic County, L-92-12-1421.         Miles Feinstein argued the cause for the ... denied , 446 U.S. 938 , 100 S. Ct. 2157 , 64 L.Ed.2d 791 (1980); Gammel & Spann v. State , 259 Ark. 96 ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L.Ed.2d 674 , 693 (1984). Second, it must be established that ... at 687-88, 104 S. Ct. at 2064-65, 80 L.Ed. 2d at 693. "Because of the difficulties inherent ...

docket:	a7000-97
court:	njappellate
decided:	2001-02-09
status:	published
citation:	337 N.J.Super. 228
Document Size:	39456

914 STATE OF NEW JERSEY v. JARRELL A. WILLIAMS -- rank: 513

... who had searched the car and recovered the gun, and (2) improperly discouraging the jury from obtaining playbacks or readbacks of ... with the other three individuals. Defendant's mother, America Williams, 2 then came out of the residence and asked the officers ... 476 U.S. 683 , 690, 106 S. Ct. 2142 , 2146, 90 L. Ed.2d 636 , 645 (1986)). "Among the primary interests protected by ... U.S. 39 , 52, 107 S. Ct. 989 , 999, 94 L. Ed.2d 40 , 54 (1987)). Nevertheless, the right of ...

docket:	a2486-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	60945

915 STATE OF NEW JERSEY V. ALEX FLOREZ -- rank: 513

... Copola's efforts, he earned over $130,000.     On January 2, 1990, Orizon De LaRoche also became an informer after having ... defenses of statutory and due process entrapment. (pp. 4-12) 2.    Even if the safety of the informant would be put ... appellant Harold Garcia ( Zulima V. Farber , Public Defender, attorney).         Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for respondent ... to distribute, contrary to N.J.S.A. 2C:5-2, and conspiracy to commit the crime of distribution of a ... dangerous substance, contrary to N.J.S.A. 2C:5-2. Garcia was also charged with resisting arrest, contrary to 248 ... to distribute, contrary to N.J.S.A. 2C:5-2. Defendants then renewed earlier motions for judgments of acquittal ...

docket:	a-27-93
court:	njsupreme
decided:	1994-01-27
status:
citation:	134 N.J. 570
Document Size:	65347