Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. MYKAL L. DERRY, -- rank: 1000

... S.A. 2C:1-3f A-1125-18 16 AND N.J.S.A. 2C:1-11 WAS WRONGFULLY DENIED. POINT TWO: SPECIAL AGENT KOPP OFFERED INADMISSIBLE ... namely, N.J.S.A. 2C:1-3(f) and N.J.S.A. 2C:1-11. N.J.S.A. 2C:13-(f) relates to dismissal ... has been prosecuted in 'another jurisdiction,' including another state, while N.J.S.A. 2C:1-11 requires dismissal where a defendant has been prosecuted for the ... J.S.A. 2C:1-3(f).] In relevant part, N.J.S.A. 2C:1-11 provides: When conduct constitutes an offense within the concurrent jurisdiction ... evil than the offense of which he was formerly convicted . . . . [N.J.S.A. 2C:1-11.] We review a trial court's application of a statute ... argues that the court should have dismissed the indictment under N.J.S.A. 2C:1-11 because the state prosecution was based on the same ...

docket:	a1125-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	61897

2 /usr/local/share/www/libweb/collections/courts/appellate/a-13-14-21.opn.html -- rank: 973

... N.J.S.A. 2C:1-3(f) applies here. N.J.S.A. 2C:1-11(a) is a mandatory bar to state prosecutions that follow ... in-prison. 4 Defendants originally also moved for dismissal under N.J.S.A. 2C:1-11(a), which, under certain circumstances, mandatorily bars the State from ... a federal prosecution. Before this Court, defendants have conceded that N.J.S.A. 2C:1-11(a) does not bar the State’s murder prosecution. 7 ... not apply to its prosecution of defendants for murder because N.J.S.A. 2C:1-11(a) controls in situations where the United States, rather than ... to its prosecution of defendants, the State first contends that N.J.S.A. 2C:1-11(a) controls this situation to the exclusion of N.J ... f). We find this assertion inconsistent with the statutes’ language. N.J.S.A. 2C:1-11(a) is a mandatory bar to state prosecutions that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67548

3 /usr/local/share/www/libweb/collections/courts/supreme/a-13-14-21.opn.html -- rank: 973

... N.J.S.A. 2C:1-3(f) applies here. N.J.S.A. 2C:1-11(a) is a mandatory bar to state prosecutions that follow ... in-prison. 4 Defendants originally also moved for dismissal under N.J.S.A. 2C:1-11(a), which, under certain circumstances, mandatorily bars the State from ... a federal prosecution. Before this Court, defendants have conceded that N.J.S.A. 2C:1-11(a) does not bar the State’s murder prosecution. 7 ... not apply to its prosecution of defendants for murder because N.J.S.A. 2C:1-11(a) controls in situations where the United States, rather than ... to its prosecution of defendants, the State first contends that N.J.S.A. 2C:1-11(a) controls this situation to the exclusion of N.J ... f). We find this assertion inconsistent with the statutes’ language. N.J.S.A. 2C:1-11(a) is a mandatory bar to state prosecutions that ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	67441

4 STATE OF NEW JERSEY v. DANIEL GRUBER, -- rank: 866

... As a final matter, we address Gruber's argument that N.J.S.A. 2C:1-11 bars his prosecution.      N.J.S.A. 2C:1-11 provides in relevant part as follows:         When conduct constitutes an ... a. and b., enumerating circumstances, omitted.] By its very terms, N.J.S.A. 2C:1-11 is limited to instances in which there is concurrent federal ... a prosecution in a District Court of the United States. N.J.S.A. 2C:1-11 (1994)). See also , DiVentura , supra , 187 N.J. Super. at 169 (citing draft of N.J.S.A. 2C:1-11 would violate the Legislature's intent in creating two separate ... 6.     In Ellis , we suggested that "in the appropriate case," N.J.S.A. 2C:1-11 might be persuasive as an approach to an interstate ...

docket:	A1425-02
court:	NJ Superior Court Appellate Division
decided:	2003-07-08
status:	published
citation:	362 N.J. Super. 519 829 A.2d 284
Document Size:	46223

5 STATE OF NEW JERSEY v. AURELIO RAY CAGNO -- rank: 863

... State v. Barone , 147 N.J. 599 (1997). See also N.J.S.A. 2C:1-11 (no bar to prosecution). Moreover, defendant's guilty plea allocution ... Supreme Court. State v. Taccetta , ___ N.J. ___ (2009). See also N.J.S.A. 2C:1-11 (relating to when a former prosecution in another jurisdiction bars ...

docket:	a7021-03
court:	superior court appellate division
decided:	2009-09-10
status:	published
citation:	409 N.J. Super. 552 978 A.2d 921
Document Size:	179182

6 STATE OF NEW JERSEY VS LOUIS JONES -- rank: 833

... cocaine with intent to distribute should have been barred under N.J.S.A. 2C:1-11 because of his previous federal conviction in North Carolina for ... indictment, third degree possession of cocaine (count one), contrary to N.J.S.A. 2C:1-11 because of his federal court convictions for conspiracy to distribute cocaine and violation of the Travel Act.      N.J.S.A. 2C:1-11 provides in pertinent part:         when conduct constitutes an offense within ... second offense was not consummated when the former trial began[.]         [ N.J.S.A. 2C:1-11.] New Jersey courts have strictly interpreted N.J.S.A. 2C:1-11, and in almost all of the cases that have dealt ... prosecution. Cannel , New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:1-11.     The initial inquiry to determine whether a bar exists ...

docket:	a6079-93
court:	njappellate
decided:	1996-02-16
status:	published
citation:	287 N.J.Super. 478
Document Size:	39033

7 STATE OF NEW JERSEY v. ADAM SUMMERS -- rank: 721

... at 462. The next argument defendant advances requires review of N.J.S.A. 2C:1-11, which, if applicable, would bar state prosecution for the same offense prosecuted in the federal indictment. N.J.S.A. 2C:1-11 provides: When conduct constitutes an offense within the concurrent jurisdiction ...

docket:	a0817-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-23
status:	unpublished
citation:
Document Size:	24469

8 STATE OF NEW JERSEY VS FREDERICK A. CARGILL -- rank: 649

... 1994, the New Jersey prosecution should have been barred under N.J.S.A. 2C:1-11 and under our State constitutional guarantee of fundamental fairness. We ... c) because not asserted prior to trial.     2. Subject to N.J.S.A. 2C:1-11, conviction of a federal offense does not bar State prosecution ... N.J. Super. 533 , 550 (App. Div. 1995). However, under N.J.S.A. 2C:1-11 (1997-98). The phrase "same conduct" has been uniformly held ... 1991). Overlapping conduct is not identical conduct for purposes of N.J.S.A. 2C:1-11. Jones , supra , 287 N.J. Super. at 487; Di Ventura ... section.                  Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:1-11 (1997-98). Moreover, the federal crime of conspiracy and the ... are entirely congruent (which they are not in this case). N.J.S.A. 2C:1-11 could furnish a basis for such expectation only in ...

docket:	a3368-96
court:	njappellate
decided:	1998-05-13
status:	published
citation:	312 N.J.Super. 13
Document Size:	12532

9 STATE OF NEW JERSEY v. F.C. -- rank: 382

... by his earlier prosecution in Puerto Rico is governed by N.J.S.A. 2C:1-11. We reject defendant's argument that his prosecution here is ...

docket:	a4822-04
court:	njappellate
decided:	2006-12-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27666