Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. RODNEY ARMOUR -- rank: 1000

... new trial if the fingerprint retesting were favorable, pursuant to N.J.S.A. 2A:84A-32a(d)(5).  After reviewing the record evidence, we further conclude ... include fingerprints" in the DNA retesting protocol set forth in N.J.S.A. 2A:84A-32a. He also reasoned that evidence potentially linking "the fingerprint found ... motion defendant sought retesting of the latent fingerprint pursuant to N.J.S.A. 2A:84A-32a to -32d (the DNA retesting statute), which governs post-conviction ... Heisler , 422 N.J. Super. 399 , 416 (App. Div. 2011). N.J.S.A. 2A:84A-32a(a) states that "[a]ny eligible person may make a ... of DNA recorded and retained pursuant to the DNA Act. N.J.S.A. 2A:84A-32a(k); N.J.A.C. 13:81-1.1(a ... 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 ...

docket:	a2006-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-19
status:	published
citation:	446 N.J.Super. 295 141 A.3d 381
Document Size:	66294

2 STATE OF NEW JERSEY v. FRANCISCO VILLEGAS -- rank: 924

... denial of his post-conviction motion for DNA testing under N.J.S.A. 2A:84A-32a. In particular, defendant seeks to compel the State to conduct ... meet the procedural and substantive requirements of the applicable statute, N.J.S.A. 2A:84A-32a. After considering the parties' submissions and the oral arguments of ... verified petition attesting to all of the elements required under N.J.S.A. 2A:84A-32a(a)(1). Beyond that, the judge ruled that defendant had ... an entitlement to DNA testing under the substantive criteria of N.J.S.A. 2A:84A-32a(d), either as to the hat or the beer bottles ... THE APPELLANT IS ENTITLED TO FORENSIC DNA TESTING PURSUANT TO N.J.S.A. 2A:84A-32a AND N.J.A.C. 13:81-4.2 5 ... ORDER DENYING DNA MOTION SHOULD BE REVERSED. A. Requirements of N.J.S.A. 2A:84A-32a and N.J.A.C. 13:81-4.2. ...

docket:	a0359-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	38622

3 STATE OF NEW JERSEY v. CARLOS ALVES -- rank: 909

... file a motion for post-trial DNA testing, pursuant to N.J.S.A. 2A:84A-32a, if he met its requirements. See State v. Alves , Docket ... explaining that defendant failed to meet the procedural requirements of N.J.S.A. 2A:84A-32a. The court further stated that defendant had previously argued at ... raises the following issues on appeal: I. THE STANDARDS OF N.J.S.A. 2A:84A-32a HAVE BEEN MET BOTH PROCEDURALY [SIC] AND SUBSTANTIVELY IN MOTION ... NOT THE DEFENDANT'S WHO DOES MEET THE REQUIREMENTS OF N.J.S.A. 2A:84A-32a(a)(1)(b). We review the Law Division's findings ... s ruling on a petition for DNA testing pursuant to N.J.S.A 2A:84A-32a entails an exercise of the court's judgment and discretion ... s order and we remand for a hearing pursuant to N.J.S.A. 2A:84A-32a(b). A motion for DNA testing requires the moving ...

docket:	a4755-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-06
status:	unpublished
citation:
Document Size:	27412

4 STATE OF NEW JERSEY v. WILSON MORALES -- rank: 906

... cogent and well-reasoned written opinion. The judge carefully analyzed N.J.S.A. 2A:84A-32a and concluded that defendant failed to meet all the procedural ... Judge McBride determined that defendant thereby "satisfied his burdens under [ N.J.S.A. ] 2A:84A-32a(a)(1)(c), (d), and (e)." However, the judge found that defendant "failed to satisfactorily explain, as required under [ N.J.S.A. ] 2A:84A-32a(a)(1)(a), why his identity was a significant issue ... judge found that defendant "failed to explain, as required by [ N.J.S.A. ] 2A:84A-32a(a)(1)(b), . . . that if the results of such DNA ... s ruling, he "has met every requirement warranting relief" under N.J.S.A. 2A:84A-32a. 3 We disagree and affirm substantially for the reasons expressed ... McBride's written opinion. We add only the following comments. N.J.S.A. 2A:84A-32a allows one convicted of a crime who is serving ...

docket:	a2515-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-25
status:	unpublished
citation:
Document Size:	31714

5 STATE OF NEW JERSEY v. SYHIM JACKSON -- rank: 867

... motion for the performance of forensic DNA testing pursuant to N.J.S.A. 2A:84A-32a. We affirm. I. We previously set forth the facts in ... 11. Defendant subsequently filed a pro se motion pursuant to N.J.S.A. 2A:84A-32a for the performance of forensic DNA testing of the baseball ... deficiencies and defendant's "failure to meet the requirements of N.J.S.A. 2A:84A-32a(d)(5)." This appeal followed. On appeal, defendant argues: POINT ... MOTION TO COMPEL DNA TESTING SHOULD BE REVERSED. II. Under N.J.S.A. 2A:84A-32a, "[a]ny person who was convicted of a crime and ... agency or laboratory holding the evidence sought to be tested." N.J.S.A. 2A:84A-32a(a)(2). In addition, a court "shall not grant" a motion under N.J.S.A. 2A:84A-32a unless "all of the following have been established:" the ...

docket:	a2468-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-30
status:	unpublished
citation:
Document Size:	24923

6 STATE OF NEW JERSEY v. JOHN W. BROWN -- rank: 833

... apply the threshold requirements for DNA testing set forth in N.J.S.A. 2A:84A-32a(a)(1). Particularly, defendant argues the court misconstrued the meaning of "identity as a significant issue," N.J.S.A. 2A:84A-32a(d)(3), and erred in concluding defendant failed to establish ... new trial based upon newly discovered evidence would be granted," N.J.S.A. 2A:84A-32a(d)(5). The statute relied upon by defendant was enacted in 2002, following his conviction. N.J.S.A. 2A:84A-32a allows one convicted of a crime who is serving a ... include consent to provide a biological sample for DNA testing. [ N.J.S.A. 2A:84A-32a(a)(1).] However, a motion for DNA testing shall not ... motion is not made solely for the purpose of delay. [ N.J.S.A. 2A:84A-32a(d).] Defendant argues the identity of the murderer was ...

docket:	a3058-05
court:	NJ Superior Court Appellate Division
decided:	2009-02-20
status:	unpublished
citation:
Document Size:	24780

7 STATE OF NEW JERSEY v. JOSE M. VEGA -- rank: 815

... of a hat found in defendant's minivan pursuant to N.J.S.A. 2A:84A-32a. Defendant appeals the July 10, 2015 order denying his DNA ... our standard of review. 'A trial court's decision regarding N.J.S.A. 2A:84A-32a is premised upon the court's judgment and discretion.' State ... App. Div.), certif. denied, 228 N.J. 239 (2016) (citing N.J.S.A. 2A:84A-32a(d)(5)). The court's ruling is reviewed for an ... a trial court's legal determinations . . . is de novo.' Ibid. N.J.S.A. 2A:84A-32a 'permits '[a]ny person who was convicted of a crime ... State v. Hogue, 175 N.J. 578, 584 (2003) (quoting N.J.S.A. 2A:84A-32a(a)). However, the court 'shall not grant the motion for DNA testing unless' the defendant has established eight requirements. N.J.S.A. 2A:84A-32a(d). 4 Defendant has not appealed the denial of ...

docket:	a0512-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-22
status:	unpublished
citation:
Document Size:	48174

8 STATE IN THE INTEREST OF J.B., JR -- rank: 812

... because the other evidence as to identity was 'overwhelming.' See N.J.S.A. 2A:84A-32a(d)(4). The judge also found that the 'requested DNA ... reasonable probability that a new trial would be granted.' See N.J.S.A. 2A:84A-32a(d)(5). The judge reasoned that even if the testing ... JUVENILE'S MOTION FOR POST- CONVICTION DNA TESTING PURSUANT TO N.J.S.A. 2A:84A-32a SHOULD HAVE BEEN GRANTED. When the case was tried before ... Guida, and when he decided the motion for DNA testing, N.J.S.A. 2A:84A-32a (the Statute) 'permit[ted] '[a]ny A-4114-16T4 5 ... 175 N.J. 578, 584 (2003) (alteration in original) (quoting N.J.S.A. 2A:84A-32a(a) (2015)).3 The court 'shall not grant the motion ... judgment of conviction for the performance of forensic DNA testing.' N.J.S.A. 2A:84A-32a(a). The term 'eligible person' includes 'anyone who was ...

docket:	a4114-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-02
status:	Unpublished
citation:
Document Size:	20771

9 STATE OF NEW JERSEY v. LARRY L. PETERSON -- rank: 803

... evidence probative of guilt or innocence. L. 2001, c. 377; N.J.S.A. 2A:84A-32a. This appeal requires us to interpret two of the conditions ... all the conditions for post-conviction DNA testing prescribed by N.J.S.A. 2A:84A-32a, specifically the requirements that identity must have been a "significant ... 175 N.J. 578 , 585 (2003), the Court noted that N.J.S.A. 2A:84A-32a has "broad application" to any person convicted of a crime ... the conditions for post-conviction DNA testing set forth in N.J.S.A. 2A:84A-32a to confine post-conviction DNA testing to cases in which ... the crime scene. Indeed, it would be anomalous to construe N.J.S.A. 2A:84A-32a as being inapplicable to a case in which the identification ... new trial based upon newly discovered evidence would be granted." N.J.S.A. 2A:84A-32a(d)(5).     Accordingly, we reverse the order denying defendant' ...

docket:	a3437-02
court:	njappellate
decided:	2003-12-10
status:	published
citation:	364 N.J. Super. 387
Document Size:	17168

10 STATE OF NEW JERSEY v. DONALD PRATOLA -- rank: 794

... 2007, defendant filed his initial motion for DNA testing under N.J.S.A. 2A:84A-32a. On April 13, 2009, Judge Robert Gardner granted the motion ... met all the required elements to compel DNA testing under N.J.S.A. 2A:84A-32a and ordered A-1403-18T1 4 various items of physical ... motion. On November 9, 2015, the New Jersey legislature amended N.J.S.A. 2A:84A-32a, adding section subsection (l), which provides in part: If evidence ... 18T1 9 Ali noted that to compel DNA testing under N.J.S.A. 2A:84A-32a, a defendant must satisfy eight statutory prerequisite. The judge found ... new trial based upon newly discovered evidence would be granted.' N.J.S.A. 2A:84A-32a(d)(5). Judge Ali determined that even if the DNA ... AT THE SCENE OF THE CRIME ON JANUARY 11, 1979[.] N.J.S.A. 2A:84A-32a imposes certain requirements upon a defendant who seeks to ...

docket:	a1403-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-19
status:	Unpublished
citation:
Document Size:	26583

11 STATE OF NEW JERSEY v. D.L.M. -- rank: 782

... his motion for post-conviction DNA testing brought pursuant to N.J.S.A. 2A:84A-32a. We affirm. In 2004, a Burlington County grand jury charged ... 2016). In March 2017, defendant filed a motion pursuant to N.J.S.A. 2A:84A- 32a for post-conviction DNA testing. He claimed that the vaginal ... TO A FAIR HEARING. 'A trial court's decision regarding N.J.S.A. 2A:84A-32a is premised upon the court's judgment and discretion.' State ... and denied the motion. We disagree. A-3656-16T4 5 ' N.J.S.A. 2A:84A-32a permits a defendant serving a sentence of imprisonment to apply ... may not consider the motion unless it finds 'just cause.' N.J.S.A. 2A:84A-32a(m). The statute provides, in relevant part, that 'a determination ... of the defendant was a significant issue in the case.' N.J.S.A. 2A:84A-32a(a)(1)(a). The movant must 'make every reasonable ...

docket:	a3656-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-23
status:	Unpublished
citation:
Document Size:	14391

12 STATE OF NEW JERSEY v. SHAWN MILNE -- rank: 776

... order denying his post-conviction motion for DNA testing under N.J.S.A. 2A:84A-32a. Defendant was convicted in 1987 of murder, N.J.S ... address defendant's appeal. II. 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 defendant ... on that basis. Consequently, we turn to an examination of N.J.S.A. 2A:84A-32a(d)(3), (4) and (5). In Peterson , supra , defendant ...

docket:	a3816-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-06
status:	unpublished
citation:
Document Size:	41235

13 STATE OF NEW JERSEY v. ROLAND E. AMOS -- rank: 776

... be ordered as defendant satisfied the requirements set forth in N.J.S.A. 2A: 84A-32a.6 The State opposed both motions. 6 The statute permits ... 175 N.J. 578, 585 (2003) (alteration in original) (quoting N.J.S.A. 2A:84A-32a). A court 'shall not grant the motion . . . unless' defendant satisfies the eight-prong test detailed in N.J.S.A. 2A:84A-32a(d): (1) the evidence to be tested is available and ... motion is not made solely for the purpose of delay. [N.J.S.A. 2A:84A-32a(d).] A-1546-21 15 meet all the statutory requirements of N.J.S.A. 2A:84A-32a, and explained its decision, as noted, in a written decision ... limited its substantive analysis to prongs four and five of N.J.S.A. 2A:84A- 32a(d) as the State conceded defendant satisfied the remaining ...

docket:	a1546-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-25
status:	Unpublished
citation:
Document Size:	49727

14 STATE OF NEW JERSEY v. DARNELL STEWART -- rank: 764

... defendant's motion for post-conviction DNA testing pursuant to N.J.S.A. 2A:84A-32a, Judge Schuck carefully analyzed the statute's requirements and the ... to satisfy two of the eight requirements set forth in N.J.S.A. 2A:84A-32a(d)(1) - (8). Specifically, defendant failed to demonstrate the additional ... were material to the issue of his identity pursuant to N.J.S.A. 2A:84A-32a(d)(4). Nor could defendant show that if the results ... based upon newly- discovered evidence would be granted pursuant to N.J.S.A. 2A:84A- 32a(d)(5). Judge Schuck's rationale was similar to that ... INCLUDING SUBSECTIONS (d)(4) AND (d)(5) A. [ ]Defendant Satisfied N.J.S.A. 2A:84A- 32a(d)(4) Because the Presence of Another Man's DNA ... as to the Identity of the Perpetrator B. [ ]Defendant Satisfied N.J.S.A. 2A:84A- 32a(d)(5) Because There is a Reasonable Probability That ...

docket:	a5142-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-05
status:	unpublished
citation:
Document Size:	65884

15 STATE OF NEW JERSEY v. PETER PAPASAVVAS -- rank: 752

... is the subject of this appeal. Defendant sought relief under N.J.S.A. 2A:84A-32a, which provides in pertinent part: d. The court shall not ... motion is not made solely for the purpose of delay. [ N.J.S.A. 2A:84A-32a(d).] Following briefing and oral argument, Judge Diane Pincus issued ... defendant's identity was not a significant issue at trial, N.J.S.A. 2A:84A-32a(d)(3); defendant had failed to establish a prima facie ... have tested were material to his identity as the perpetrator, N.J.S.A. 2A:84A-32a(d)(4); and the requested DNA testing would not raise ... new trial based upon newly discovered evidence would be granted, N.J.S.A. 2A:84A-32a(d)(5). This appeal followed. On appeal, defendant argues: POINT ... DNA TESTING OF THE BELT LIGATURES AS SET FORTH IN N.J.S.A. 2A:84A-32A ET SEQ. , AND THEREFORE, IS ENTITLED TO SUCH TESTING ...

docket:	a5146-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-27
status:	unpublished
citation:
Document Size:	24877