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 Results for ("N.J.S.A. 2C:35-19")   1 to 15 of 38 results. Run time: 0.751 seconds | Search time: 0.744 seconds    
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1 State v. Timothy Miller -- rank: 1000
... General to participate as amicus curiae . HELD:     An objection under N.J.S.A. 2C:35-19 to the introduction of a lab certificate satisfies the statute ... s paramount concern - indicia of reliability. (Pp. 7-11) 2. N.J.S.A. 2C:35-19 provides that a certified laboratory certificate is admissible as evidence ... the admissibility of hearsay testimony always rests on the state. N.J.S.A. 2C:35-19 cannot be countenanced. (Pp. 18-25) 4. Defendant in this case filed a timely and adequate notice under N.J.S.A. 2C:35-19. The state cannot avoid its burden by claiming that it ... the Court was delivered by LONG, J.     This appeal concerns N.J.S.A. 2C:35-19, a “notice and demand” statute that provides that upon the ... App. Div. 1990)], the Appellate Division upheld the constitutionality of N.J.S.A. 2C:35-19 and held that “if defendant does object, he must ...
docket: a-94-00
court: njsupreme
decided: 2002-01-23
status:
citation: 170 N.J. 417
Document Size: 61211
2 State v. Ceesay Simbara -- rank: 973
... of a laboratory certificate proffered by the State pursuant to N.J.S.A. 2C:35-19 to establish the nature and quantity of an alleged controlled ... cross-examination unless the certificate is found to comply with N.J.S.A. 2C:35-19. The Supreme Court granted defendant=s motion for leave to ... who prepared the certificate proffered by the State pursuant to N.J.S.A. 2C:35-19 to establish the nature and quantity of an alleged controlled ... appears to reflect a reasonable interpretation of the requirements of N.J.S.A. 2C:35-19. (pp. 6-12) 2. The State=s compliance with N.J.S.A. 2C:35-19 does not by itself make the certificate admissible. The laboratory ... certificates are admissible so long as the State complies with N.J.S.A. 2C:35-19. Generally, that statute provides a procedural framework within which ...
docket: a-110-01
court: njsupreme
decided: 2002-12-16
status:
citation: 175 N.J. 37
Document Size: 40200
3 /usr/local/share/www/libweb/collections/courts/supreme/a1715-09.opn.html -- rank: 895
... notice of its intention to admit the reports as per N.J.S.A. 2C:35-19. Specifically, the State informed defendants: "Be advised that the State ... analyzing the controlled dangerous substances in this case, pursuant to N.J.S.A. 2C:35-19. [ 20 ] This letter constitutes formal notice of such intention." On ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 185857
4 DOCKET NO. A-1715-09T1 A-1856-09T1 STATE OF NEW JERSEY v. GARY R. MADDOX, a/k/a GARY FOSTER STATE OF NEW JERSEY v. JASON E. MCKINNON a/k/a JASON E. MORRIS -- rank: 895
... notice of its intention to admit the reports as per N.J.S.A. 2C:35-19. Specifically, the State informed defendants: "Be advised that the State ... analyzing the controlled dangerous substances in this case, pursuant to N.J.S.A. 2C:35-19. [ 20 ] This letter constitutes formal notice of such intention." On ...
docket: a1856-09
court: NJ Superior Court Appellate Division
decided: 2013-07-08
status: unpublished
citation:
Document Size: 184201
5 /usr/local/share/www/libweb/collections/courts/supreme/a1856-09.opn.html -- rank: 895
... notice of its intention to admit the reports as per N.J.S.A. 2C:35-19. Specifically, the State informed defendants: "Be advised that the State ... analyzing the controlled dangerous substances in this case, pursuant to N.J.S.A. 2C:35-19. [ 20 ] This letter constitutes formal notice of such intention." On ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 185857
6 DOCKET NO. A-1715-09T1 A-1856-09T1 STATE OF NEW JERSEY v. GARY R. MADDOX, a/k/a GARY FOSTER STATE OF NEW JERSEY v. JASON E. MCKINNON a/k/a JASON E. MORRIS -- rank: 895
... notice of its intention to admit the reports as per N.J.S.A. 2C:35-19. Specifically, the State informed defendants: "Be advised that the State ... analyzing the controlled dangerous substances in this case, pursuant to N.J.S.A. 2C:35-19. [ 20 ] This letter constitutes formal notice of such intention." On ...
docket: a1715-09
court: New Jersey Superior Court Appellate Division
decided: 2013-07-08
status: Published
citation:
Document Size: 186871
7 STATE OF NEW JERSEY v. JOSE M. ROSARIO -- rank: 839
... Clause Demanded the Presence of the Analyst at Trial. B. N.J.S.A. 2C:35-19 Constitutes an Unconstitutional Infringement on the Exercise of the Confrontation ... without testimony of the analyst who performed the forensic tests. N.J.S.A. 2C:35-19(a) provides, in pertinent part, that the State's forensic ... violation of chapters 35 and 36 of the Criminal Code. N.J.S.A. 2C:35-19(b) additionally provides that the laboratory employee who performs the ... the fact that he is that person. [ Ibid. ] In addition, N.J.S.A. 2C:35-19(c) states that, when a party intends to proffer a ... overruled the objection, finding that the State had complied with N.J.S.A. 2C:35-19, and counsel's failure to object to the admission of ... Sixth Amendment to the United States Constitution. He argues that N.J.S.A. 2C:35-19 constitutes an unconstitutional infringement upon the exercise of his ...
docket: a5161-09
court: NJ Superior Court Appellate Division
decided: 2012-12-05
status: unpublished
citation:
Document Size: 36351
8 STATE OF NEW JERSEY v. JULIO HEISLER -- rank: 827
... the Law Division requires us to construe two provisions of N.J.S.A. 2C:35-19, the notice and demand statute in the Comprehensive Drug Reform ... We hold that the trial court failed to comply with N.J.S.A. 2C:35-19 by admitting the lab certificate into evidence without testimony from ... produce its lab scientist. Defendant also challenged the constitutionality of N.J.S.A. 2C:35-19. The municipal court denied the motions on October 21, 2008 ... undermine the dual goals of the notice and demand statute, N.J.S.A. 2C:35-19: (1) to enable defendants to make informed decisions regarding whether ... reprinted in Cannel, New Jersey Criminal Code Annotated , Comment on N.J.S.A. 2C:35-19 (2001-02)) [hereinafter Committee Commentary]) (emphasis added).] As the Miller ... to proffer a sworn laboratory certificate at trial pursuant to N.J.S.A. 2C:35-19, the prosecutor must, pursuant to the literal requirements of ...
docket: a6281-08
court: NJ Superior Court Appellate Division
decided: 2011-05-17
status: published
citation: 422 N.J. Super. 399 29 A.3d 320
Document Size: 69569
9 /usr/local/share/www/libweb/collections/courts/appellate/a4710-16.opn.html -- rank: 763
... was not objected to at trial and was submitted under N.J.S.A. 2C:35-19(c), which provides: Whenever a party intends to proffer in ... lay testimony purporting to interpret the report as an expert. N.J.S.A. 2C:35-19(b) provides: [The] certificate shall be sworn to before a ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 51398
10 STATE OF NEW JERSEY v. -- rank: 752
... reporting the result of testing for a controlled dangerous substance. N.J.S.A. 2C:35-19. In State v. Simbara , 175 N.J. 37 , 48 (2002 ... to use a laboratory certificate as trial evidence pursuant to N.J.S.A. 2C:35-19, the laboratory must compile and transmit to the prosecutor a ... Ibid. The Court also held that even strict compliance with N.J.S.A. 2C:35-19 and the Attorney General's directive does not automatically establish ... that, must justify its admission at a hearing. Matulewicz , supra . N.J.S.A. 2C:35-19 does not and cannot affect the State's burden and ... certificate offered to prove a DWI charge. We recognize that N.J.S.A. 2C:35-19, as well as Simbara and Miller , literally address only a ... Widmaier , 157 N.J. 475 , 494-96 (1999). Footnote: 5 N.J.S.A. 2C:35-19 provides, in pertinent part: b. Upon the request of ...
docket: a4283-04
court: njappellate
decided: 2006-06-07
status: published
citation: *CITE_PENDING*
Document Size: 45354
11 STATE OF NEW JERSEY v. CEESAY SIMBARA, -- rank: 740
... reliability; and (2) a "notice and demand" procedure is satisfied. N.J.S.A. 2C:35-19.             The certificate must meet certain formal requirements, including the signature ... explained in Miller :             The effect of the procedure established by N.J.S.A. 2C:35-19 is rather straight- forward: to cull out the cases that ... be admitted.     We note first that, consistent with the statute, N.J.S.A. 2C:35-19 is established. The document is not filled with unintelligible scientific ... this case was predicated on an erroneous legal conclusion: that N.J.S.A. 2C:35-19 requires a greater degree of specificity than it actually does ... lab certificate which the State proposed to use pursuant to N.J.S.A. 2C:35-19. On that issue, Justice Long stated:             We agree with the ...
docket: A0546-01
court: NJ Superior Court Appellate Division
decided: 2002-02-27
status: published
citation: 348 N.J. Super. 213 791 A.2d 105
Document Size: 23405
12 State v. Julie L. Michaels -- rank: 685
... also argues that the “notice and demand” procedure of N.J.S.A. 2C:35-19 does not justify introduction of Dr. Barbieri’s report because ... by the New Jersey State Laboratory could be regarded under N.J.S.A. 2C:35 19 as self-admitting documents that obviated any confrontation right concerns ... Simbara , 175 N.J. 37 , 49 (2002). Instead, we interpreted N.J.S.A. 2C:35 19 as creating a notice-and-demand procedure for the assertion ... NMS report at issue here is outside the purview of N.J.S.A. 2C:35-19 because the report was the product of a private laboratory ...
docket: A-69-12
court: NJ Supreme Court
decided: 2014-08-06
status:
citation:
Document Size: 221266
13 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 606
... 40 (2002), our Court considered the Confrontation Clause implications of N.J.S.A. 2C:35-19(b), which permits the admission in evidence of a laboratory ...
docket: a2097-12
court: NJ Superior Court Appellate Division
decided: 2015-09-10
status: unpublished
citation:
Document Size: 92039
14 STATE OF NEW JERSEY v. ROBERT C. RENSHAW -- rank: 591
... statute that authorized the admission of that certificate, which was N.J.S.A. 2C:35-19. The Court held that the certificate could not be admitted ... that the certificate was reliable because the laboratory complied with N.J.S.A. 2C:35-19. I d. at 46. The Court held that the defendant ... argument that a technician's compliance with the procedures of N.J.S.A. 2C:35-19 was a justification for dispensing with the right of confrontation ... on appeal. After argument, we invited and received supplemental briefs. N.J.S.A. 2C:35-19 provides, in pertinent part: b. Upon the request of any ...
docket: A0712-05
court: NJ Superior Court Appellate Division
decided: 2007-02-09
status: published
citation: 390 N.J. Super. 456 915 A.2d 1081
Document Size: 68996
15 /usr/local/share/www/libweb/collections/courts/appellate/a2097-12redacted.opn.html -- rank: 585
... 40 (2002), our Court considered the Confrontation Clause implications of N.J.S.A. 2C:35-19(b), which permits the admission in evidence of a laboratory ...
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court: NJ Superior Court Law/Chancery Division
decided:
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Document Size: 71848
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