Search Rutgers Law Library N.J. Court Opinions

1 State of New Jersey v. James Grate -- rank: 1000

... Smith , we considered and rejected a defendant’s claim that N.J.S.A. 2C:39-2(d), which prohibits any person from “knowingly ha[ving ...

docket:	A-47-13
court:	NJ Supreme Court
decided:	2015-01-15
status:
citation:	220 N.J. 317 106 A.3d 466
Document Size:	95379

2 STATE OF NEW JERSEY v. ROBERT B. WIGGINS -- rank: 902

... Similarly, the court's instruction regarding the permissible inference under N.J.S.A. 2C:39-2(a) that could be drawn, based on the defendant's ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

3 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 831

... III The jury's instructions that the presumption contained in [ N.J.S.A. 2C:39-2(a)] that a weapon found in a vehicle with more ... conviction of the offense. Furthermore, the instruction was consistent with N.J.S.A. 2C:39-2(a), which sets forth presumptions that apply when a weapon is found in a vehicle. N.J.S.A. 2C:39-2(a) provides in pertinent part that, when a firearm is ...

docket:	a5996-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

4 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 831

... III The jury's instructions that the presumption contained in [ N.J.S.A. 2C:39-2(a)] that a weapon found in a vehicle with more ... conviction of the offense. Furthermore, the instruction was consistent with N.J.S.A. 2C:39-2(a), which sets forth presumptions that apply when a weapon is found in a vehicle. N.J.S.A. 2C:39-2(a) provides in pertinent part that, when a firearm is ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

5 /usr/local/share/www/libweb/collections/courts/appellate/a5935-17.opn.html -- rank: 736

... Firearms, Weapons, Destructive Devices, Silencers or Explosives in a Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 30, 1993). Defendant claims the instruction permitted the ... Firearms, Weapons, Destructive Devices, Silencers or Explosives in a Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 30, 1993). We disagree with defendant's claim ... probable than not.'' The model jury charge is derived from N.J.S.A. 2C:39-2, which states in relevant part, 'When a firearm . . . is found ... shall be presumed to be in the possession of all . . . .' N.J.S.A. 2C:39-2(a). In State v. Bolton, we considered N.J.S.A. 2C:39-2 and determined a jury could not be instructed that it ... was applicable based on the evidence presented and consistent with N.J.S.A. 2C:39-2 and case law concerning presumptions and inferences in jury ...

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Document Size:	67546

6 STATE OF NEW JERSEY v. FUQUAN WILLIAMS -- rank: 722

... permit. N.J.S.A. 2C:39-5(b); see N.J.S.A. 2C:39-2(b). Defendant argues the detectives could not have seen the ...

docket:	a0646-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	66529

7 STATE OF NEW JERSEY v. DONALD SCURRY -- rank: 715

... on the unlawful possession of a weapon charge. He argues N.J.S.A. 2C:39-2(b), which permits the jury to draw an inference that ... without first having obtained a permit to carry the same . . . .' N.J.S.A. 2C:39-2(b) states: When the legality of a person's conduct ... Supreme Court considered the constitutionality of the statutory presumption under N.J.S.A. 2C:39-2. 98 N.J. 489, 491 (1985). The Court held: (1 ... a permit, the State may employ the statutory presumption of N.J.S.A. 2C:39-2 to establish the absence of the required permit; and (3 ...

docket:	a5102-18
court:	NJ Superior Court Appellate Division
decided:	2023-12-28
status:	Unpublished
citation:
Document Size:	79970

8 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 703

... New Jersey permit to carry the handguns as required by N.J.S.A. 2C:39-2(b). 9 Moreover, possession of hollow-nose bullets in New ...

docket:	a3655-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	70444

9 State v. Jamire D. Williams -- rank: 696

... Firearms, Weapons, Destructive Devices, Silencers or Explosives in a Vehicle (N.J.S.A. 2C:39-2)” (approved Mar. 30, 1993). Defendants contend that the probability ...

docket:	a-4-5-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-30
status:
citation:
Document Size:	98991

10 STATE OF NEW JERSEY v. JOSE M. ARIAS-MADE -- rank: 682

... CONSTITUTIONAL RIGHTS. (Not Raised Below) A. THE STATUTORY INFERENCES OF N.J.S.A. 2C:39-2 UNCONSTITUTIONALLY ABRIDGE THE STATE'S BURDEN OF PROOF AND THE ... OF A JURY FACTFINDER. B. REGARDLESS OF THE CONSTITUTIONALITY OF N.J.S.A. 2C:39-2, THE JUDGE'S INSTRUCTIONS UNCONSTITUTIONALLY DILUTED THE STATE'S BURDEN ... novel arguments that: (1) the statutory permissive inferences established in N.J.S.A. 2C:39-2 are unconstitutional; and (2) the crime of possessing a handgun ...

docket:	a0875-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-12
status:	Unpublished
citation:
Document Size:	45306

11 STATE OF NEW JERSEY v. RHUDELL C. CRUZ-SNELLING -- rank: 680

... that she did not initially tell police that. When 2 N.J.S.A. 2C:39-2(b). A-5242-17T4 6 Echevarria heard Pereira screaming, she ... crime, but rather relied solely on the inference allowed by N.J.S.A. 2C:39-2(b), presuming that defendant did not have a permit until ... Supreme Court considered the constitutionality of the statutory presumption of N.J.S.A. 2C:39-2 that a defendant accused of weapons possession shall be presumed ... a permit, the State may employ the statutory presumption of N.J.S.A. 2C:39-2 to establish the absence of the required permit; and (3 ... a permit, but rather relied on the presumption permitted by N.J.S.A. 2C:39- 2(b). As mandated by Ingram when relying on the presumption ...

docket:	a5242-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	38768

12 STATE OF NEW JERSEY v. JAMIRE D. WILLIAMS -- rank: 677

... instruction on the possession of a firearm in a vehicle, N.J.S.A. 2C:39-2, 'is constitutionally infirm' because it lessens the State's burden ... Firearms, Weapons, Destructive Devices, Silencers or Explosives in a Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 30, 1993). As defendants acknowledge, the trial judge ...

docket:	a5229-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	73202

13 State v. Jose Carrion -- rank: 670

... without that later statement, this error was not harmless. Although N.J.S.A. 2C:39-2(b) creates a statutory presumption in favor of the State ...

docket:	a-14-20
court:	NJ Supreme Court
decided:	2021-12-27
status:
citation:
Document Size:	80498

14 STATE OF NEW JERSEY v. RAHIM WASHINGTON -- rank: 665

... a permit, the State may employ the statutory presumption of N.J.S.A. 2C:39-2 [ 2 ] to establish the absence of the required permit; and ... case relates to jail credits, which we address below. 2 N.J.S.A. 2C:39-2(b) provides: When the legality of a person's conduct ...

docket:	a2827-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-17
status:	unpublished
citation:
Document Size:	39889

15 STATE OF NEW JERSEY v. DAANDRE J. WADE -- rank: 658

... juror asked the prosecutor to read the constructive possession statute, N.J.S.A. 2C:39-2(a), which provides in pertinent part: When a firearm . . . is ... clarification about the exceptions to the presumption of possession under N.J.S.A. 2C:39-2(a) when more than one occupant was in the vehicle ... that.' In response, the prosecutor reread the pertinent provision of N.J.S.A. 2C:39-2(a) and then defined 'customary depository' as referring to 'somewhere ... Well that's what our theory is under. .... . . . Not under [N.J.S.A. 2C:]39-2. Understand? [GRAND JUROR]: Now we understand. Shortly thereafter, the grand ... application of the exceptions to the presumption of possession under N.J.S.A. 2C:39-2(a) when more than one occupant was in the vehicle ...

docket:	a2855-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-25
status:	Unpublished
citation:
Document Size:	29826