Search Rutgers Law Library N.J. Court Opinions

106 STATE OF NEW JERSEY v. L.H. -- rank: 579

... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (Count One), and second-degree sexual assault, N.J.S.A. 2C:14-2c(4) (Count Two). Following an unsuccessful ... and sentenced defendant to a three-year prison term. Defendant's conviction also subjected him to the statutorily mandated Megan's Law 3 requirements of registering as a sex offender, community ... INTRODUCTION OF AN EXPLICIT LANGUAGE CHAT LOG WRITTEN BY E.S. THAT SUPPORTED THE DEFENSE THAT E.S., AND NOT DEFENDANT, WAS THE ORIGINAL AUTHOR OF THE ...

docket:	a3512-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	unpublished
citation:
Document Size:	44690

107 STATE OF NEW JERSEY v. MIKE MC KANE -- rank: 579

... Grand Jury for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (counts one, two, and three); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (counts six, seven, and eight); first-degree robbery, N.J.S.A. 2C:15-1 (count four); and second-degree burglary, N.J.S.A. 2C:18-2 (count five). Defendant was tried before ... the lesser-included offense of second-degree robbery, N.J.S.A. 2C:15-1. At sentencing, the trial court granted the State's application to impose an extended term upon defendant as ...

docket:	a1300-09
court:	superior court appellate division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	42264

108 STATE OF NEW JERSEY v. KEVIN M. WHITTINGTON -- rank: 575

... second degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. He was sentenced to a term ... of ten years and subjected to the requirements of Megan's Law. We affirm. D.H. alleged that in the summer ... D.H. alleged that while he was sleeping in defendant's bed, defendant made sexual overtures to him and masturbated him ... that he had wet his pants. Defendant washed the child's underwear and told him that if he ever told anyone ... attorney and invoked his right to silence. At trial, defendant's testimony differed from the statement reported by Gittens. Defendant claimed ... incident because he did not want to damage the child's relationship with his mother. In this appeal, defendant argues: ...

docket:	a3495-05
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44958

109 STATE OF NEW JERSEY v. SCOT SCHNABEL -- rank: 569

... Jersey, Law Division, Warren County, 03-02-049-I. Richard S. Lehrich argued the cause for appellant. Carol M. Henderson, Assistant ... five counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (Counts Four, Five, Eight, Nine, and ... Sixteen); five counts of second-degree sexual assault, N.J.S.A. 2C:14-2b (Counts Two, Six, Ten, Thirteen, and ... counts of third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a (Counts Seven and Eleven); two counts ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (Counts Three and Fifteen); and two ... third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (Counts One and Twelve). After ...

docket:	A1075-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-28
status:	unpublished
citation:
Document Size:	67255

110 STATE OF NEW JERSEY v. RAHEEM BATTLES, a/k/a RAHEEM L BATTLES -- rank: 569

... B. 1 drove his white pick-up truck to McDonald's restaurant in West Orange. Defendant, wielding a gun, approached the passenger side of J.B.'s vehicle. Defendant was using a cap gun, but J.B ... appeared" to be a "black semiautomatic handgun on the driver's side floor area." Alston also recovered a black ski mask from defendant's pants' pocket. After defendant left J.B. at McDonald's, J.B. ran to police headquarters and informed an officer ... charged with first-degree carjacking, in violation of N.J.S.A. 2C:15-2 and third-degree theft, in ...

docket:	a1673-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	31173

111 STATE OF NEW JERSEY IN THE INTEREST OF S.R.W. A Juvenile -- rank: 569

... 2565-10T1 STATE OF NEW JERSEY, IN THE INTEREST OF S.R.W., A Juvenile. _________________________________ January 19, 2012 Submitted December 5 ... 10. Joseph E. Krakora, Public Defender, attorney for juvenile appellant S.R.W. (Dana A. Citron, Designated Counsel, on the brief ... Prosecutor, of counsel and on the brief). PER CURIAM Appellant S.R.W., a juvenile, appeals the Family Part's adjudication of delinquency for engaging in conduct that, if committed ... would constitute third-degree receipt of stolen property. N.J.S.A. 2C:20-7a. The Family Part judge imposed upon ... the juvenile who had been driving the stolen car. Appellant's version of events is markedly different. He contends that ...

docket:	a2565-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-19
status:	unpublished
citation:
Document Size:	25136

112 DONNA ALEXANDER v. CELGENE CORPORATION -- rank: 569

... four-week bereavement leave as a result of her mother's death, Mehalick, Director of Procurement, and Kenworthy, Human Resources Manager ... plaintiff with a "Separation Agreement and Release" (Agreement). The Agreement's provisions included that she would receive: (1) $7843.85, as ... would automatically expire on the twenty-second day following plaintiff's receipt of the Agreement. Finally the Agreement provided that it ... defendants alleging violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD), and negligent infliction ... of emotional distress. The January 6, 2012 order dismissing plaintiff's complaint pursuant to Rule 4:6-2(e) notes that ... granted pursuant to Rule 4:6-2(e). Judge Frederic S. Kessler conducted oral argument, during which defendants argued the ...

docket:	a3008-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-26
status:	unpublished
citation:
Document Size:	36731

113 STATE OF NEW JERSEY v. SHAWN LOYAL -- rank: 563

... the jury were: (count one) second-degree eluding, N.J.S.A. 2C:29-2(b); (counts two and three) second ... causing bodily injury during the course of eluding, N.J.S.A. 2C:12-1B(6); (count five) second-degree aggravated assault causing serious bodily injury, N.J.S.A. 2C:12-1b(1); (count six) fourth-degree assault by auto causing serious bodily injury, N.J.S.A. 2C:12-1(c)(1); (count seven) third-degree receiving stolen property, N.J.S.A. 2C:20-7; (count eight) third-degree aggravated assault of a police officer, N.J.S.A. 2C:12-1(b)(5); (count nine) fourth- ...

docket:	a1085-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-30
status:	unpublished
citation:
Document Size:	28418

114 ROSEANN LAMANNA v. PROFORMANCE INSURANCE COMPANY -- rank: 563

... The first indication on the record of the trial court's decision that eight jurors would deliberate, and that the votes ... the jury." The Legislature has followed that course. N.J.S.A. 2B:23-1b states that "[j]uries in civil ... of 12 persons for good cause shown." And N.J.S.A. 2B:23-17 states that "[i]n any civil ... J. 457 (1951), our dissenting colleague argues that N.J.S.A. 2B:23-17 is unconstitutional to the extent that ... is especially appropriate here and effectively disposes of the defendant's contention that the court below was without jurisdiction to enter ... J. at 460-61.] We are satisfied that the Court's comments on the waiver issue are equally applicable to ...

docket:	A1820-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-05
status:	published
citation:	364 N.J. Super. 473 837 A.2d 384
Document Size:	40436

115 State of New Jersey v. J.D. -- rank: 560

... applies the provisions of the Rape Shield Law, N.J.S.A. 2C:14-7, to determine whether the defendant was improperly barred from presenting evidence of the victim’s sexual activity with unidentified males. The victim, K.E., was ... when K.E. was fifteen years old, K.E.’s mother picked her up after she had spent the night ... home and noticed a red mark on K.E.’s neck. She asked K.E. about the mark. After initially ... told her best friend, L.M., about J.D.’s abuse. K.E. also said that her only sexual experience ... from J.D. for DNA comparison purposes. K.E.’s friend, L.M., gave a statement in which she ...

docket:	A-33-11
court:	NJ Supreme Court
decided:	2012-08-09
status:
citation:
Document Size:	74419

116 HOWARD FORSTROM, individually et al. v. ROBERT BYRNE, et al. -- rank: 556

... 4, 1997, until services are made available to him. Plaintiff's complaint alleged federal and state statutory and constitutional violations.     Gregory ... provide speech therapy to Gregory in accordance with the evaluator's recommendation. Plaintiff was willing to bring Gregory to a public ... of the New Jersey Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, when it defined "nonpublic ... school," and that both the Department and defendants violated Gregory's equal protection right to receive special education services under the ... claims. They maintain that they acted according to the Department's directive and should not be held to answer for that ... under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. §§1400 -87. In both appeals, the Department ...

docket:	A2731-99
court:	NJ Superior Court Appellate Division
decided:	2001-05-21
status:	published
citation:	341 N.J. Super. 45
Document Size:	54322

117 STATE OF NEW JERSEY v. TERRENCE BREWER -- rank: 553

... other two men, one of whom was Powell, that defendant's gun was a fake. Defendant then pulled the gun from ... money or jewelry from Harris. The jury credited the State's version of events and convicted defendant of murder, felony murder ... thirty-five years parole ineligibility. The court granted the State's motion to dismiss the murder charge. The amended sentence was ... to cross-examine certain prosecution witnesses in violation of defendant’s Sixth Amendment right to confrontation. Because of such alleged errors ... called as a defense witness, Carter would have corroborated defendant's version of the incident and confirmed that defendant acted in self-defense. Additionally, defendant asserted that Carter's testimony would have contradicted the statement he gave to ...

docket:	a6280-10
court:	NJ Superior Court Appellate Division
decided:	2013-12-13
status:	unpublished
citation:
Document Size:	29322

118 HOWARD FORSTROM, individually et al. v. ROBERT BYRNE, et al. -- rank: 553

... 4, 1997, until services are made available to him. Plaintiff's complaint alleged federal and state statutory and constitutional violations.     Gregory ... provide speech therapy to Gregory in accordance with the evaluator's recommendation. Plaintiff was willing to bring Gregory to a public ... of the New Jersey Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, when it defined "nonpublic ... school," and that both the Department and defendants violated Gregory's equal protection right to receive special education services under the ... claims. They maintain that they acted according to the Department's directive and should not be held to answer for that ... under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. §§1400 -87. In both appeals, the Department ...

docket:	A2886-99
court:	NJ Superior Court Appellate Division
decided:	2001-05-21
status:	published
citation:
Document Size:	53907

119 ARUNA CHAKRALA v. SUDHA BANSAL ARUNA CHAKRALA v. SUDHA BANSAL -- rank: 550

... arbitration clause in the Agreement was governed by New Jersey's version of the Uniform Arbitration Act (NJUAA), N.J.S.A. 2A:23B-1 to -32, specifically N.J.S.A. 2A:23B-3(c); that the NJUAA authorized the ... of contract, fraudulent inducement, and bad faith. In the complaint's second count, Bansal acknowledged the arbitration clause, but also cited the Agreement's remedy clause, which states: In the event of a breach ... August 26, 2008, the Law Division entered judgment on Chakrala's verified complaint, appointed the AAA as the arbitrator "for ...

docket:	a0078-11 a0078-11
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2013-09-24 2013-09-24
status:	unpublished unpublished
citation:
Document Size:	32997

120 STATE OF NEW JERSEY v. LEONARDO VARGAS-RODRIGUEZ -- rank: 547

... Law Division finding him guilty of simple assault, N.J.S.A. 2C:12-1(a). Having reviewed the record in light of applicable law, we affirm defendant's conviction, but remand to the Law Division for imposition of ... were sustained when defendant attacked her. Herrera photographed the victim's injuries at the scene and then sought out defendant. Herrera ... When defendant entered the hallway, Herrera pointed to the victim's injuries and asked him, "did [you] do this to her ... charged defendant with one count of simple assault, N.J.S.A. 2C:12-1(a). Defendant pleaded not guilty. Following ... counsel moved to exclude any hearsay testimony regarding the victim's statements to Herrera. The court held the victim's ...

docket:	a4475-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-20
status:	unpublished
citation:
Document Size:	29493