NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant appeals the denial of his post-conviction relief (PCR) petition. In a prior opinion in this appeal, we affirmed in all respects except we remanded in part, seeking the PCR judge's ruling on an issue omitted from his otherwise comprehensive oral decision, namely: whether defendant's trial attorney entered into an impermissible conflict of interest because he also allegedly represented the mother of...
NOT FOR PUBLICATION PER CURIAM. By leave granted, the State appeals the Law Division's April 27, 2012 order denying its application for a Dyal subpoena 1 seeking the results of a blood test performed during defendant William R. Billingham's hospitalization following an automobile accident. The test results are sought for use in prosecuting Billingham on charges of fourth-degree assault by auto, contrary to N.J.S.A. 2C:12-1(c)(2). We reverse. I. We discern the following facts and...
NOT FOR PUBLICATION PER CURIAM. Defendant Michael Daniels appeals from a January 17, 2012 judgment of conviction memorializing five crimes: second-degree conspiracy to possess heroin with the intent to distribute, N.J.S.A. 2C:5-2; 2C:35-10(a)(1); third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); third-degree possession of heroin with the intent to distribute, N.J.S.A. 2C:35-5(a)(1); 2C:35-5(b)(3); third-degree possession of heroin with the intent to distribute within 1000 feet...
NOT FOR PUBLICATION PER CURIAM. Defendant Gary W. Smith appeals from his conviction and sentence for driving while intoxicated (DWI), N.J.S.A. 39:4-50. He raises the following arguments: 1. THE STATE FAILED TO PROVE THAT DEFENDANT WAS IN VIOLATION OF N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT A. THE LAW DIVISION JUDGE ERRED BY MISINTERPRETING THE "20 MINUTE OBSERVATION RULE" AND REVERSED THE MUNICIPAL COURT JUDGE'S RULING THAT THE BAC READING SHOULD BE SUPPRESSED B. BECAUSE OF...
NOT FOR PUBLICATION PER CURIAM. We issue a single opinion disposing of these two appeals, which present the same legal issues and were calendared back-to-back. In A-2550-11, the Sheriff of Middlesex County (the Sheriff) appeals from the Law Division's order that, among other relief provided, converted the "amercement petition" of plaintiff Onyx Leasing Systems, Inc. (Onyx) into a complaint in lieu of prerogative writs seeking mandamus; "ordered and directed" the Sheriff to "levy upon ... the...
NOT FOR PUBLICATION PER CURIAM. In this criminal appeal, we consider again the appropriateness of juror substitution after the deliberating jury has announced a deadlock. See State v. Banks , 395 N.J.Super. 205 (App. Div.) (reversing conviction because alternate juror substituted after jury announced it was unable to reach a unanimous verdict), certif. denied , 192 N.J. 598 (2007). After hearing slightly over six days of testimony, the jury announced it was unable to reach a unanimous...
NOT FOR PUBLICATION PER CURIAM. Plaintiff DeVaughn Edwards appeals from orders entered on August 18, 2010, October 15, 2010, and April 15, 2011, granting summary judgment and dismissing his complaint against defendant Countrywide Home Loans, Inc. (Countrywide). On appeal, plaintiff claims that the motion judge erred in dismissing his claims under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, the federal Truth in Lending Act (TILA), 15 U.S.C.A. 1601-67f, the Home Ownership and...
NOT FOR PUBLICATION PER CURIAM. Defendant appeals from an order entered by the Law Division on April 21, 2011, which upheld the denial of his application for admission to Pre-Trial Intervention (PTI). We affirm. Defendant was charged with second-degree robbery, contrary to N.J.S.A. 2C:15-1 (count one); and third-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(7) (count two). On December 2, 2010, defendant pled guilty to count one, which was amended to charge third-degree theft...
NOT FOR PUBLICATION PER CURIAM. Following trial de novo on the record of the Municipal Court of Camden, the Law Division judge found defendant Nasir Finnemen guilty of disorderly conduct, N.J.S.A. 2C:33-2a, and of the disorderly persons offense of obstruction of administration of law, N.J.S.A. 2C:29-1a. The judge merged defendant's convictions and sentenced defendant to pay a $300 fine, $33 for court costs, a $50 VCCB penalty and a $75 SNSF assessment. Defendant raises three issues on...
NOT FOR PUBLICATION PER CURIAM. On July 30, 2009, plaintiffs Sarmasti PLLC, a law firm, and its principal, Vafa Sarmasti (collectively, Sarmasti), filed a complaint against defendant, Joshua Emanuel, alleging causes of action sounding in defamation, slander, libel and false light invasion of privacy (counts one, four, five, six, seven, eight and ten), tortious interference with prospective economic advantage (count two), and tortious interference with existing business relations (count three)....
NOT FOR PUBLICATION PER CURIAM. Plaintiff, Mark Allen Auto Repair, Inc., appeals from a December 9, 2011 order of the Law Division dismissing its action in lieu of prerogative writs against defendant Medford Township as time-barred. We affirm. Plaintiff operates a towing business, including the storage of towed vehicles, out of its premises in Lumberton, just outside of Medford Township. Plaintiff has performed towing services on behalf of Medford Township in the past. Although previously...
NOT FOR PUBLICATION PER CURIAM. Plaintiff Katharine Lai appeals the Law Division's orders dismissing her complaint for insufficiency of service of process, R. 4:6-2(d), and for failure to state a claim upon which relief can be granted, R. 4:6-2(e). Having reviewed the arguments raised on appeal with respect to the adequacy of service of process, we find them to be without merit and not warranting discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm as to that issue. Our...
NOT FOR PUBLICATION PER CURIAM. Defendant Olivia Howard appeals from an October 21, 2011 order denying reconsideration of an April 21, 2011 order, which in turn denied her petition for expungement of her 1991 conviction for third-degree death by auto, N.J.S.A. 2C:11-5. For the reasons that follow, we affirm. I So that the factual record is clear, we quote the decision of our Supreme Court, which in deciding to suspend Howard's law license for three months, accepted the following facts...
NOT FOR PUBLICATION PER CURIAM. These back-to-back appeals, which we hereby consolidate for purposes of this opinion, involve substantially similar circumstances. In both cases, the surety company posted bail for the defendant and the defendant was thereafter deported by federal authorities. The trial judge required the surety in each case to forfeit seventy percent of the posted bond, even though neither defendant had violated the terms of his bail and there was no evidence that the surety...
NOT FOR PUBLICATION PER CURIAM. Patricia DeNora appeals from a judgment entered by the Chancery Division, General Equity Part, on January 20, 2012, which approved accountings for the Estate of Domenick F. DeNora (Estate) and the Domenick F. DeNora Family Trust (Family Trust), and struck and dismissed certain exceptions that appellant had taken to the accountings. For the reasons that follow, we affirm. I. In August 2006, Domenick F. DeNora's will was admitted to probate in Middlesex County....
NOT FOR PUBLICATION PER CURIAM. This case involves what is termed the "judicial dissociation" of two shareholders in a New Jersey limited liability company, ASUMA, LLC ("ASUMA" or "the LLC"), through a final order expelling them from further involvement in the LLC's business. The LLC was formed in connection with the operations of a fledgling medical school in Aruba. After the medical school developed a host of financial and other problems, litigation over the entity's operations ensued in...
NOT FOR PUBLICATION PER CURIAM. Defendant R.E.C. appeals from the Family Part order terminating parental rights to his daughter, B.M.C. (Belle). 1 Defendant contends that the Division of Child Protection and Permanency (the Division) 2 failed to prove by clear and convincing evidence that: 1) Belle's "safety, health or development has been or will continue to be endangered by the parental relationship"; and 2) the Division "made reasonable efforts to provide services to help ... correct the...
NOT FOR PUBLICATION PER CURIAM. These back-to-back appeals, which we consolidate for purposes of this opinion, arise from defendants' convictions (at a joint trial) for burglary and aggravated assault. We affirm. I. The following facts are derived from the trial record. On February 2, 2008, at approximately 1:20 p.m., Stanley Cagle 1 left his apartment to go to an insurance agency in Linden. According to Mr. Cagle, as he walked down the street, he observed a group of individuals having a...
NOT FOR PUBLICATION PER CURIAM. After defendant Mark Bowers pled guilty to two counts of armed robbery, two counts of possession of a weapon for an unlawful purpose, and one count of obstructing the administration of law, the court sentenced him to an aggregate prison term of eighteen years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In this appeal from the denial of his petition for post-conviction relief (PCR), defendant asserts his trial counsel did not pursue a...
NOT FOR PUBLICATION PER CURIAM. Found guilty by a jury in 2003 of felony murder and other offenses, defendant Brandon Still appeals the trial court's August 30, 2010 order dismissing his petition seeking post-conviction relief ("PCR"). We affirm. The State's proofs at trial established that defendant participated in the fatal shooting of Charles Martin on March 7, 2001 in Pleasantville. Martin had an argument that night with defendant's friend, Brian Cross, in a young woman's residence....
