Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. QUAHEEM JOHNSON -- rank: 1000

... improperly terminates a defendant's prosecution, within the meaning of N.J.S.A. 2C:1-9, by accepting a partial verdict where the jury is deadlocked ... double jeopardy, and 2) improper termination of the original prosecution, N.J.S.A. 2C:1-9(d), 1-10(a), 1-10(c). After considering the ... any of the charges upon which the jury was "deadlocked." N.J.S.A. 2C:1-9(d), 1-10(a), 1-10(c). Ordinarily "double jeopardy ... offense is barred if the former prosecution was improperly terminated, N.J.S.A. 2C:1-9(d), "and the subsequent prosecution is for an offense of ... it takes place after the jury was impaneled and sworn." N.J.S.A. 2C:1-9(d). 16 As we have previously explained, Under the New ... these circumstances, not only was defendant's prosecution "improperly terminated," N.J.S.A. 2C:1-9(d), but there was also a potential that defendant' ...

docket:	a3363-13
court:	NJ Superior Court Appellate Division
decided:	2014-07-10
status:	published
citation:	436 N.J.Super. 406 94 A.3d 337
Document Size:	62504

2 STATE OF NEW JERSEY v. ADRIENNE N. SMITH -- rank: 986

... 20T4 17 The State argues that retrial is permissible under N.J.S.A. 2C:1-9(d)(3) because the mistrial declaration was 'required by a ... addition, the State asserts alternatively that retrial is permissible under N.J.S.A. 2C:1-9(d)(1) because defendants' adamant refusal to resume trial 'could ... the State's alternative argument that retrial was permissible under N.J.S.A. 2C:1- 9(d)(1). We note briefly N.J.S.A. 2C:1-9(d)(1) provides that termination of a trial is not ... 170 N.J. at 279. The New Jersey Legislature enacted N.J.S.A. 2C:1-9, which effectively 'adopted the test enunciated in State v. Romeo[.]' Dunns, 266 N.J. Super. at 364. N.J.S.A. 2C:1-9(d)(3) provides that the prohibition of double jeopardy ...

docket:	a0838-20
court:	NJ Superior Court Appellate Division
decided:	2020-12-31
status:	Published
citation:
Document Size:	76934

3 STATE OF NEW JERSEY v. GERARD ASSELTA -- rank: 973

... of State v. Rechtschaffer , 70 N.J. 395 (1976), and N.J.S.A. 2C:1-9(d)(2), and scheduled the matter for a new trial ... to agree. Counsel's basis for the motion was that N.J.S.A. 2C:1-9(a) barred further prosecution because of the jury's conviction ... of (1) double jeopardy and (2) improper termination of prosecution, N.J.S.A. 2C:1-9(d), 1-10(a), 1-10(c). Johnson , supra , slip ... 2-3 n.2. We relied on the language contained N.J.S.A. 2C:1-9(d), which generally bars prosecution of a defendant if a ... acquittal" and was, therefore, improperly terminated within the meaning of N.J.S.A. 2C:1-9(d). See Johnson , supra , slip op. at 22-24. Additionally, the exception contained in N.J.S.A. 2C:1-9(d)(2), wherein a prosecution is not improperly terminated ...

docket:	a0362-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	27203

4 State v. John Loyal -- rank: 954

... the same offense.” N.J. Const. art. I, ¶ 11. Additionally, N.J.S.A. 2C:1-9 states:              A prosecution of a defendant for a         violation of ...

docket:	a-29-99
court:	njsupreme
decided:	2000-06-27
status:
citation:	164 N.J. 418
Document Size:	141180

5 State v. Stephen A. Zadroga -- rank: 928

... the Legislature chose to codify constitutional double jeopardy protections. See N.J.S.A. 2C:1-9(d). (pp. 19-24) 2. Here, the trial court did ... was “not objecting to termination of the trial” under N.J.S.A. 2C:1-9(d)(1), and there was also a “manifest necessity to declare a mistrial” under N.J.S.A. 2C:1-9(d)(3). Defense counsel responded that the “case needs ... our Legislature chose to codify constitutional double jeopardy protections. Under N.J.S.A. 2C:1-9(d), “[a] prosecution of a defendant for a violation ... legal reason and a manifest or absolute or overriding necessity. [N.J.S.A. 2C:1-9(d).] IV. A. We hold that the trial court did ...

docket:	a-22-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-09
status:
citation:
Document Size:	69232

6 STATE OF NEW JERSEY v. HASSAN A. REID -- rank: 915

... a)(2) (emphasis added).] The term 'conviction' is defined in N.J.S.A. 2C:1-9(c) as follows: 15 A-0985-17T3 There is a ... for a reason other than a motion of the defendant. [ N.J.S.A. 2C:1-9(c) (emphasis added).] Here, there is no dispute that defendant ...

docket:	a0985-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-15
status:
citation:	456 N.J.Super. 44 191 A.3d 713
Document Size:	67264

7 STATE OF NEW JERSEY v. VALENTINO IANETTI -- rank: 863

... with Prejudice Barring Any Future Prosecution of Defendant Pursuant to N.J.S.A. 2C:1-9(b). B. The Prosecution Failed to Come Forward With Any ... barred by the doctrine of collateral estoppel set forth in N.J.S.A. 2C:1-9(b) and, therefore, the indictment should have been dismissed with prejudice. We disagree. N.J.S.A. 2C:1-9(b) provides: A prosecution of a defendant for a violation ... established for conviction of the offense" within the intendment of N.J.S.A. 2C:1-9(b). Therefore, defendant contends the indictment should have been dismissed ... Therefore, the doctrine of collateral estoppel as set forth in N.J.S.A. 2C:1-9(b) is inapplicable to the circumstances of this case. 3 ... homicide as the cause of her death. 3 In addition, N.J.S.A. 2C:1-9(b) specifically states that it does "not apply to ...

docket:	a2919-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-03
status:	unpublished
citation:
Document Size:	35859

8 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 JERSEY STATE OF NEW JERSEY -- rank: 833

... App. Div. 2014). We concluded that the improper termination statute, N.J.S.A. 2C:1-9(d), barred defendant's retrial on those charges because the ...

docket:	a1368-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-18
status:	unpublished
citation:
Document Size:	46685

9 /usr/local/share/www/libweb/collections/courts/appellate/a5045-16.opn.html -- rank: 791

... in jeopardy for the same offense is also codified in N.J.S.A. 2C:1-9. The defense of double jeopardy does not require that a ... at 363. One of these scenarios has been codified under N.J.S.A. 2C:1-9(d)(3). Once a jury has been impaneled and sworn ... legal reason and a manifest or absolute or overriding necessity.' N.J.S.A. 2C:1-9(d)(3). Thus, defendant's double jeopardy argument depends on ...

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10 STATE OF NEW JERSEY v. ASHLEY GEORGES AND GATSBY DESTIN, -- rank: 788

... Constitutions, the New Jersey Criminal Code provides additional protection in N.J.S.A. 2C:1-9:         A prosecution of a defendant for a violation of the ... mistrial. Cannel, New Jersey Criminal Code Annotated , comment 6 on N.J.S.A. 2C:1-9 at 74 (2001-2002). There is no categorical listing of ...

docket:	A3726-00
court:	NJ Superior Court Appellate Division
decided:	2001-11-13
status:	published
citation:	345 N.J. Super. 538 786 A.2d 107
Document Size:	32867

11 STATE OF NEW JERSEY v. BRYANT T. GEDDES, JR -- rank: 771

... for a reason other than a motion of the defendant. [N.J.S.A. 2C:1-9(c).] A-2350-20 6 Const. amend. V; N.J ... in an acquittal or in a conviction as defined in [ N.J.S.A.] 2C:1-9 and the subsequent prosecution is for: .... (3) The same conduct ...

docket:	a2350-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	26172

12 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 771

... appeal.' Cannel, N.J. Criminal Code Annotated, cmt. 7 on N.J.S.A. 2C:1-9 (2019) (citing North Carolina v. Pearce, 395 U.S. 711 ...

docket:	a0485-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-20
status:	Unpublished
citation:
Document Size:	55459

13 STATE OF NEW JERSEY v. HUMPHREY COHEN -- rank: 749

... MURDER AND MURDER REPRESENTS AND INCONSISTENT VERDICT IN VIOLATION OF N.J.S.A. 2C:1-9(a)(3) THAT A-0832-19T3 6 CANNOT STAND, NOTWITHSTANDING ...

docket:	a0832-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-04
status:	Unpublished
citation:
Document Size:	35015

14 STATE OF NEW JERSEY v. T.H. -- rank: 742

... a manifest or absolute overriding necessity.'' Id. at 547 (quoting N.J.S.A. 2C:1- 9(d)(3)). The court concluded 'if a seven-month delay ...

docket:	a3727-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-13
status:	Unpublished
citation:
Document Size:	18087

15 STATE OF NEW JERSEY v. HERBERT BEHLIN -- rank: 739

... in a dismissal because double jeopardy would have attached. See N.J.S.A. 2C:1-9. At the time defendant was approached with a plea offer ... mistrial was granted, double jeopardy would not have attached. See N.J.S.A. 2C:1-9(d)(1); United States v. Dinit z , 424 U.S ...

docket:	a6443-05
court:	njappellate
decided:	2008-02-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47919