Search Rutgers Law Library N.J. Court Opinions

1816 A-0STATE OF NEW JERSEY v. TIMOTHY D. EUBANKS a/k/a TIMOTHY D. WUBANKS, DWIGHT EUBANKS 2013 – -- rank: 488

... and the court's erroneous reliance on aggravating factor five, N.J.S.A. 2C:44-1(a)(5), namely the substantial likelihood that defendant is involved ... supports the existence of aggravating circumstances three, six and nine, N.J.S.A. 2C:44-1(a)(3); (6) and (9), given defendant's extensive criminal ...

docket:	a0585-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	29083

1817 STATE OF NEW JERSEY v. JERMY B. PORTILLO -- rank: 488

... s first conviction, the court found that aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... violating the law'), was in equipoise with mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ...

docket:	a0679-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	unpublished
citation:
Document Size:	48022

1818 STATE OF NEW JERSEY v. DOUGLAS S. COOK -- rank: 488

... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). It gave 'partial credit' to mitigating factor twelve ... the willingness of defendant to cooperate with law enforcement officials, N.J.S.A. 2C:44-1(b)(12). The court found the aggravating factor slightly outweighed ...

docket:	a2542-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-13
status:	Unpublished
citation:
Document Size:	33070

1819 STATE OF NEW JERSEY v. EMMIT J. BOUIE -- rank: 488

... court is being asked to overcome the presumption pursuant to N.J.S.A. 2C:44-1(f)(2).'" Id. at 503 (quoting Rivera , supra , 351 N ...

docket:	a4938-06
court:
decided:	2009-06-22
status:	Unpublished
citation:
Document Size:	41292

1820 STATE OF NEW JERSEY v. JOSE L. WILLIAMS -- rank: 488

... Williams' lengthy prior record. The judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant would commit another offense, and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter. The judge did not ...

docket:	a3805-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-25
status:	unpublished
citation:
Document Size:	33713

1821 STATE OF NEW JERSEY v. JERMINA LEWIS -- rank: 488

... imprisonment impose a term of between three and five years); N.J.S.A. 2C:44-1(f)(2) (permitting a court to sentence a defendant convicted ...

docket:	a5276-16
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	42107

1822 /usr/local/share/www/libweb/collections/courts/appellate/a0683-18.opn.html -- rank: 488

... three, six and nine and accorded them great weight. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (the ... defendant's assertion of mitigating factors four and twelve. See N.J.S.A. 2C:44-1(b)(4) (substantial 3 In light of our conclusions, the ... it was error not to find mitigating factor eleven, see N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship on defendant or ...

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1823 /usr/local/share/www/libweb/collections/courts/appellate/a2433-19.opn.html -- rank: 488

... ineffective for not arguing in favor of mitigating factors three, N.J.S.A. 2C:44- 1(b)(3), and four, N.J.S.A. 2C:44-1(b)(4). The judge found defendant was 'not provoked by ... counsel should have argued in favor of mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12). Ordinarily, 'an appellate court will not consider issues ...

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1824 STATE OF NEW JERSEY v. CARLTON INGRAM -- rank: 488

... sentencing court must consider statutorily enumerated aggravating and mitigating circumstances, N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ...

docket:	a4646-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	39893

1825 STATE OF NEW JERSEY v. VERNON A. BLACKWELL -- rank: 486

... identify and balance the aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b), and A-4458-19 9 explain the ...

docket:	a4458-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	21681

1826 STATE OF NEW JERSEY v. JOHN F. TORNESE -- rank: 486

... 4193-14T2 defendant was sentenced in the third-degree range, N.J.S.A. 2C:44- 1(f)(2), to a three-year term of imprisonment on ...

docket:	a4193-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-20
status:	unpublished
citation:
Document Size:	64119

1827 /usr/local/share/www/libweb/collections/courts/appellate/a4148-10.opn.html -- rank: 486

... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(2). As a consequence, defendant argues that his sentence ...

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court:	NJ Superior Court Law/Chancery Division
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1828 /usr/local/share/www/libweb/collections/courts/supreme/a4148-10.opn.html -- rank: 486

... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(2). As a consequence, defendant argues that his sentence ...

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court:	NJ Superior Court Law/Chancery Division
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1829 STATE OF NEW JERSEY v. GUILIO MESADIEU -- rank: 486

... six, prior criminal record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge did not find any statutory mitigating factors. N.J.S.A. 2C:44-1(b). She stated: Now, I remember very clearly the testimony ...

docket:	a3524-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-13
status:	Unpublished
citation:
Document Size:	44429

1830 STATE OF NEW JERSEY v. HARRY WILKINS -- rank: 486

... defendant and found that aggravating factors three and nine applied. N.J.S.A. 2C:44-1(a)(3), (a)(9). In that regard, the court found ... justify' defendant's conduct, albeit failing to establish a defense. N.J.S.A. 2C:44-1 (b)(4). The court then sentenced defendant to five years ...

docket:	a5385-17
court:	NJ Superior Court Appellate Division
decided:	2020-11-13
status:	Unpublished
citation:
Document Size:	27762