Search Rutgers Law Library N.J. Court Opinions

16 State of New Jersey v. RICHARD JEFFERSON -- rank: 731

... statutory standard governing a motion for DNA testing found in N.J.S.A. 2A:84A-32a(d), which provides: The court shall not grant the motion ... issue of the convicted person's identity as the offender. N.J.S.A. [2A:]84A-32a(d)(4). The defendant has not met this burden. The ... new trial based upon newly discovered evidence would be granted." N.J.S.A. [2A:]84A-32a(d)(5). . . . In this instance, the defendant cannot satisfy this ... granted. Because the defendant cannot satisfy a threshold requirement of N.J.S.A. [2A:]84A-32a, no DNA testing is warranted. Defendant essentially argues that Judge DeStefano incorrectly applied N.J.S.A. 2A:84A-32a to the facts of the case. We owe no special ... err because defendant did not adequately prove the elements of N.J.S.A. 2A:84A-32a. In focusing on subsection (d)(5), the State claims ...

docket:	a5125-06
court:	superior court appellate division
decided:	2009-12-07
status:	unpublished
citation:
Document Size:	31403

17 STATE OF NEW JERSEY v. JAMES BADGER -- rank: 697

... opinion denying the relief sought by defendant. The judge considered N.J.S.A. 2A:84A-32a governing motions to compel performance of DNA testing. He observed ... e) consent to provide a biological sample for DNA testing. N.J.S.A. 2A:84A-32a(a)(1). The judge also recited the eight conditions that ... conclusion: The defendant has not satisfied his statutory burden under [ N.J.S.A. ]2A:84A [-] 32a(d). The statute dictates that the defendant shoulder[] the burden ... has failed to satisfy his statutory burden with respect to [ N.J.S.A. ]2A:84A[-]32a(d)(2), (d)(4), and (d)(5)[;] (2) in arguing ... the defendant did not shoulder his burden with respect to [ N.J.S.A. ]2A:84A[-]32a(d)(1), (d)(2), (d)(5); and (3) in arguing ... the defendant did not shoulder his burden with respect to [ N.J.S.A. ]2A:84A[-]32a(d)(5). As a result, the defendant's motion ...

docket:	a1476-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-21
status:	unpublished
citation:
Document Size:	14650

18 STATE OF NEW JERSEY v. FREDERICK L. DALTON -- rank: 682

... defendant filed a motion on February 15, 2005, pursuant to N.J.S.A. 2A:84A-32a, to have DNA testing performed on various items seized during ... the request maintaining defendant had not adequately demonstrated, pursuant to N.J.S.A. 2A:84A-32a and controlling case law, why the twenty-eight items should ... decision, denying defendant's motion, relied on three subsections of N.J.S.A. 2A:84A-32a. The judge referred to 175 N.J. 578 , 582 (2003 ... Div.), certif. denied , 170 N.J. 108 (2001). In 2002, N.J.S.A. 2A:84A-32a was enacted specifically to provide that any person convicted of ... N.J. Super. 387 (App. Div. 2003), we concluded that N.J.S.A. 2A:84A-32a as being inapplicable to a case in which the identification ... was a significant issue." Id. at 396. We also interpreted N.J.S.A. 2A:84A-32a must be strictly applied and that the failure to ...

docket:	A0286-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-11
status:	unpublished
citation:
Document Size:	45868

19 STATE OF NEW JERSEY v. ISAAC LENIN -- rank: 667

... filed a motion requesting post-conviction DNA testing pursuant to N.J.S.A. 2A:84A-32a. Defendant alleged that a DNA test of blood found on ... Strickland test. Lastly, defendant does not meet the criteria of N.J.S.A. 2A:84A-32a. Defendant merely raises the inchoate "hope" that DNA testing of ... statutory right to DNA testing. The statute governing DNA testing, N.J.S.A. 2A:84A-32a, was approved on January 8, 2002, and was to take ... include consent to provide a biological sample for DNA testing. [ N.J.S.A. 2A:84A-32a(a)(1)]. N.J.S.A. 2A:84A-32a(a)(2) and (b) set forth notice requirements and address the hearing on a motion for DNA testing. N.J.S.A. 2A:84A-32a(d)(1) to (8) lists the substantive requirements a ...

docket:	a3788-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-11
status:	unpublished
citation:
Document Size:	35651

20 STATE OF NEW JERSEY v. RONALD LONG -- rank: 640

... make a motion . . . for the performance of forensic DNA testing." N.J.S.A. 2A:84A-32a. See also D ist. A ttorney 's Office for the ... motion for a new trial based on newly discovered evidence. N.J.S.A. 2A:84A-32a(a)(1)(a)-(b). The court may not grant the ... testing unless it conducts a hearing and makes certain findings. N.J.S.A. 2A:84A-32a(d)(1)-(8). Both sides implicitly posit, for purposes of ... State's custody was sufficient to prevent a material alteration. N.J.S.A. 2A:84A-32a(d)(1)-(2). The other findings that would be relevant ... or have a reasonable probability of contradicting prior test results[.] [ N.J.S.A. 2A:84A-32a(d)(2)-(6).] As for whether favorable DNA test results ...

docket:	a1413-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	120711

21 STATE OF NEW JERSEY v. JOSE SANTOS -- rank: 637

... 2013 order denying his motion seeking DNA testing pursuant to N.J.S.A. 2A:84A-32a. For the reasons that follow, we vacate the trial court ... se application with the trial court in 2009, pursuant to N.J.S.A. 2A:84A-32a, to have DNA testing performed on a hair found on ... efendant has failed to meet [the] standard set forth in N.J.S.A. 2A:84A-32a." The trial court evidently did not amplify its reasons beyond ... degree that such testing would be fruitless. The applicable statute, N.J.S.A. 2A:84A-32a, was enacted in 2001 in light of the emergence of ... motion is not made solely for the purpose of delay. [ N.J.S.A. 2A:84A-32a(d).] See also State v. DeMarco , 387 N.J. Super ... of reasons that addresses all of the discrete factors under N.J.S.A. 2A:84A-32a. Counsel shall furnish the trial court promptly with courtesy ...

docket:	a4554-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-22
status:	Published
citation:
Document Size:	16207

22 STATE OF NEW JERSEY v. MANUEL P. RODRIGUEZ, -- rank: 628

... 17T2 6 In support of his motion, defendant relied upon N.J.S.A. 2A:84A-32a, which permits ''any person who was convicted of a crime ... 175 N.J. 578, 584 (2003) (alteration in original) (quoting N.J.S.A. 2A:84A-32a). However, the trial court 'shall not grant the motion . . . unless ... filing his motion, he had not yet been sentenced. Therefore, N.J.S.A. 2A:84A-32a is not strictly applicable. However, because the State does not ... motion is not made solely for the purpose of delay. [N.J.S.A. 2A:84A-32a(d).] 'It is defendant's burden to establish that all ... 364 N.J. Super. 387, 392-93 (App. Div. 2003)). N.J.S.A. 2A:84A-32a(d)(5) 'does not require a defendant to 'prove the ...

docket:	a3820-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-30
status:	Unpublished
citation:
Document Size:	28049

23 State v. Harrison Hogue -- rank: 622

... goal. (p. 8) 3. On remand, the recently enacted statute, N.J.S.A. 2A:84A-32a will apply. That statute permits a person convicted of a ... We also reject the State's argument that recently enacted N.J.S.A. 2A:84A-32a, a statute that addresses access to DNA testing by convicted ... DNA testing. Finally, we note that on remand, recently enacted N.J.S.A. 2A:84A-32a, entitled "Post-conviction DNA testing; motion; determinations," will apply. That ... term of imprisonment" to make a motion for DNA testing. N.J.S.A. 2A:84A-32a supports its contention that DNA testing for convicted persons should ... a crime and is currently serving a term of imprisonment." N.J.S.A. 2A:84A-32a(a). The statute is not confined in its application to ...

docket:	a-111-01
court:	njsupreme
decided:	2003-03-25
status:
citation:	175 N.J. 578
Document Size:	27193

24 /usr/local/share/www/libweb/collections/courts/appellate/a2629-15a2643-15.opn.html -- rank: 613

... the outcome of the trial. In a written opinion, citing N.J.S.A. 2A:84A-32a, the motion judge emphasized the court should not grant a ... demonstrating a new trial should be granted. This appeal followed. [' N.J.S.A.] 2A:84A-32a(a) states that '[a]ny eligible person may make a ... motion for a new trial based on newly discovered evidence. N.J.S.A. 2A:84A- 32a(a)(1)(a)-(b). 7 A-2629-15T2 The court ... N.J. Super. 506, 514 (App. Div. 2006) (citation omitted). '[ N.J.S.A.] 2A:84A-32a(d)(5) . . . does not require a defendant to 'prove the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23820

25 STATE OF NEW JERSEY v. ROBERT RELDAN -- rank: 598

... based on evidence not admitted at the trial and that N.J.S.A. 2A:84A-32a, which the judge looked to for guidance, See footnote 1 ... samples for the purpose of seeking a new trial.     Under N.J.S.A. 2A:84A-32a, any person convicted of a crime who is currently serving ... motion is not made solely for the purpose of delay. [ N.J.S.A. 2A:84A-32a.d.] The statute applies broadly to any individual who was ... Reldan's commission of the two murders.     Affirmed. Footnote: 1      N.J.S.A. 2A:84A-32a was approved on January 8, 2002, but was to take ...

docket:	a3394-02
court:	njappellate
decided:	2004-12-07
status:	published
citation:	373 N.J. Super. 396
Document Size:	30167

26 DION HARRELL v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY -- rank: 583

... 15 Legislature intended it to be read in conjunction with N.J.S.A. 2A:84A-32A,2 and certainly not in a manner that contravenes the ... Legislature. 2 Amended in 2015 and effective March 1, 2016, N.J.S.A. 2A:84A-32A provides procedures for obtaining DNA evidence. As currently enacted, it ... seeking DNA testing to prove his innocence until 2016, when [ N.J.S.A.] 2A:84A-32A was amended.' 'Equitable tolling is traditionally reserved for limited occasions ... to accept Harrell's argument that the 2002 version of N.J.S.A. 2A:84A-32A acted as a bar for him to obtain DNA evidence ...

docket:	a3628-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	39093

27 STATE OF NEW JERSEY v. FRANCIS RICHARD BENNETT -- rank: 540

... Ibid. Defendant's post-conviction motion sought forensic DNA testing, N.J.S.A. 2A:84A-32a(a), of the Marlboro Light cigarette butt and the strand ... Perri's opinion detailed the eight statutory predicates outlined in N.J.S.A. 2A:84A-32a(d), which must be demonstrated by a defendant seeking a ... SATISFY SECTION[S] 4 AND 5 OF THE REQUIREMENTS OF N.J.S.A. 2A:84A-32a FOR POST-CONVICTION DNA TESTING. POINT II: THE DEFENDANT SATISFIED ALL EIGHT REQUIREMENTS OF N.J.S.A. 2A:84A-32a. POINT III: THE COURT SHOULD PERMIT DNA TESTING OF THE ...

docket:	a2570-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	17412

28 STATE OF NEW JERSEY v. CARLOS ALVES -- rank: 528

... testing of biological evidence if he meets the criteria of N.J.S.A. 2A:84A-32a. The statute was approved on January 8, 2002, and took ... Defendant's motion does not address the criteria established by N.J.S.A. 2A:84A-32a to compel DNA testing, and we cannot determine from this ... motion that defendant may pursue in the trial court under N.J.S.A. 2A:84A-32a. Affirmed. 1 Miranda v. Arizona , 384 U.S. 436 , 86 ...

docket:	a5979-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	17906

29 STATE OF NEW JERSEY v. ERIC KELLEY -- rank: 528

... unsuccessful.7 III. After a motion by defendants pursuant to N.J.S.A. 2A:84A-32a, the trial court ordered that certain evidence from the 1996 ... tried two decades earlier. Indeed, the DNA testing statute itself, N.J.S.A. 2A:84A- 32a, contains no time bar. The newly-discovered DNA retesting results ... any evidence whether or not it was introduced at trial . . . .' N.J.S.A. 2A:84A-32a(d)(5). 55 A-1266-17T3 findings made by the ...

docket:	a1266-17
court:	NJ Superior Court Appellate Division
decided:	2018-03-12
status:	published
citation:
Document Size:	173826

30 STATE OF NEW JERSEY v. FIDEL CIFUENTES -- rank: 480

... d]iscovered [e]vidence which has no time restriction[,]" citing N.J.S.A. 2A:84A-32a. Defendant further asserted that "the passage of time should be ... pursue a PCR petition asserting newly-discovered evidence which, under N.J.S.A. 2A:84A-32a "has no time restrictions[,]" is without merit. The statute upon ... explain how identification is a significant issue in his case. N.J.S.A. 2A:84A-32a(a)(1)(a). Defendant does not assert, and the record ...

docket:	a2652-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-18
status:	unpublished
citation:
Document Size:	15917