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 Results for ("N.J.S.A. 2c:1-6")   1 to 15 of 44 results. Run time: 0.810 seconds | Search time: 0.803 seconds    
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1 STATE OF NEW JERSEY v. GARY TWIGGS -- rank: 1000
... beyond the time permitted by the criminal statute of limitations, N.J.S.A. 2C:1-6. Contrary to the State's argument, we hold that the statutory tolling provision in N.J.S.A. 2C:1-6, for situations in which "the actor" is identified by means ... issue on appeal is the trial court's interpretation of N.J.S.A. 2C:1-6(c), the criminal statute of limitations. When interpreting statutes, our ... anyone subjected to [that] criminal statute." Ibid. (citations omitted). III. N.J.S.A. 2C:1-6 provides the time limitations within which a prosecution for a ... date that each element of the crime has been completed. N.J.S.A. 2C:1-6(b)(1),(c). N.J.S.A. 2C:1-6(c), however, provides an exception to the categorical bar ...
docket: a4417-14
court: NJ Superior Court Appellate Division
decided: 2016-03-22
status: published
citation: 445 N.J.Super. 23 135 A.3d 981
Document Size: 80675
2 /usr/local/share/www/libweb/collections/courts/supreme/a_63_64_65_16.opn.html -- rank: 958
... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 83125
3 State v. James E. Jones & Likisha Jones -- rank: 958
... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...
docket: a-63-16
court: New Jersey Supreme Court
decided: 2018-06-19
status:
citation:
Document Size: 83391
4 State v. Gary Twiggs State v. James E. Jones & Likisha Jones -- rank: 958
... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...
docket: a_51_16
court: NJ Supreme Court
decided: 2018-06-19
status:
citation:
Document Size: 83209
5 /usr/local/share/www/libweb/collections/courts/supreme/a-41-20.opn.html -- rank: 928
... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA evidence, the time ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the statute of limitations ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances in which the ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations, in cases involving ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations to begin when ...
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court: New Jersey Supreme Court
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citation:
Document Size: 62841
6 /usr/local/share/www/libweb/collections/courts/appellate/a-41-20.opn.html -- rank: 928
... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA evidence, the time ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the statute of limitations ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances in which the ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations, in cases involving ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations to begin when ...
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court: NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size: 62948
7 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 894
... The State argued the crime is a continuing one under N.J.S.A. 2C:1-6(c), and the limitations period does not begin running until ...
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court: NJ Superior Court Law/Chancery Division
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Document Size: 151111
8 STATE OF NEW JERSEY v. RAQUEL GARAJAU -- rank: 835
... passed. N.J.S.A. 2C:35-10(a)(4); N.J.S.A. 2C:1- 6(b)(2). As for Yuhas, the evidence showed that he ...
docket: a2807-18
court: NJ Superior Court Appellate Division
decided: 2021-05-04
status: Unpublished
citation:
Document Size: 125030
9 JARWICK DEVELOPMENTS, INC v. JOSEPH WILF -- rank: 833
... 83 N.J. 540, 548 (1980)). 38 A-2053-13T3 N.J.S.A. 2C:1-6(g) states that, '[e]xcept as otherwise provided in [the ... by applying the limitations period under the federal RICO law. N.J.S.A. 2C:1-6(g) expressly applies in this instance and requires a RICO ...
docket: a2053-13
court: NJ Superior Court Appellate Division
decided: 2018-06-01
status: unpublished
citation:
Document Size: 210674
10 State v. Joseph Diorio -- rank: 825
... degree money laundering, were barred by the statute of limitations. N.J.S.A. 2C:1-6(c). Relying in part on the fact that N.J ... for an offense must commence within five years after commission. N.J.S.A. 2C:1-6(b)(1). An offense is committed once every element of ... period commences on the day after commission of the offense. N.J.S.A. 2C:1-6(c). (pp. 18-19) 2. Continuing offenses involve conduct spanning ...
docket: A-110-11
court: NJ Supreme Court
decided: 2014-02-12
status:
citation:
Document Size: 111685
11 State v. Aurelio Ray Cagno -- rank: 808
... the general five-year statute of limitations governing criminal prosecutions, N.J.S.A. 2C:1-6. We consider whether certain evidence was improperly introduced during defendant ... defense to be asserted by a defendant.” Ibid. Under N.J.S.A. 2C:1-6(b)(1), a prosecution for a crime generally “must ... conduct or the defendant’s complicity therein is terminated.” N.J.S.A. 2C:1-6(c). Further, the statute defines the commencement of a prosecution ... as the date “when an indictment is found.” N.J.S.A. 2C:1-6(d). Also relevant to the issue is N.J.S.A. 2C:1-6(e), which provides in pertinent part that the limitation period ... posed that query in light of the tolling provision in N.J.S.A. 2C:1-6(e) because the superseding indictment alleged the same conduct ...
docket: A-60-09
court: NJ Supreme Court
decided: 2012-08-08
status:
citation: 211 N.J. 488 49 A.3d 388
Document Size: 163081
12 /usr/local/share/www/libweb/collections/courts/appellate/a0088-18.opn.html -- rank: 796
... of the offenses arising out of this incident pursuant to N.J.S.A. 2C:1-6(c). We disagree. A-0088-18T4 9 Generally, under N.J.S.A. 2C:1-6(b)(11), a defendant's prosecution must be 'commenced within five years after it [was] committed.' N.J.S.A. 2C:1-6(c) provides that time, for purposes of calculating when the ... the identifying physical evidence necessary to identify defendant contemplated by N.J.S.A. 2C:1-6(c) on August 17, 2016, the date when 'the State ... commenced 7 within five years after the crime is committed. N.J.S.A. 2C:1-6(b)(1). The Code states that a crime or offense ... of conduct or the defendant's complicity therein is terminated.' N.J.S.A. 2C:1-6(c). An exception to this general rule is made ...
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Document Size: 40149
13 STATE OF NEW JERSEY v. GREGORY P. COBBS -- rank: 776
... of statutory interpretation, we conclude that the limitations period under N.J.S.A. 2C:1-6 for failure to pay tax under N.J.S.A ... reconsideration motion. Defendant contended the five-year limitations period under N.J.S.A. 2C:1-6(b)(1) began to run on April 16, 2008, the ... crime is defined in Title 54, the State concedes that N.J.S.A. 2C:1-6 governs. 7 A-4479-14T2 6(b)(1). The limitations ... and the prosecution is 'commenced' when an indictment is found. N.J.S.A. 2C:1-6(d). The statute of limitations is an absolute bar to ... of conduct or the defendant's complicity therein is terminated.' N.J.S.A. 2C:1-6(c). We must first consider whether the Legislature expressed a ... decide when a crime under that provision is committed under N.J.S.A. 2C:1-6, and when the limitations period begins to run. The ...
docket: a4479-14
court: NJ Superior Court Appellate Division
decided: 2017-06-23
status: published
citation: 451 N.J.Super. 1 164 A.3d 1062
Document Size: 46141
14 STATE OF NEW JERSEY v. JAMES E. JONES -- rank: 747
... the five-year statute of limitations bars their prosecution. See N.J.S.A. 2C:1 6(b)(1). The matters are consolidated for decision as they ... of the DNA exception to the statute of limitations. See N.J.S.A. 2C:1 6(c). He denied their pre-plea motion to dismiss the ... 2002 and that therefore the indictment had to be dismissed. N.J.S.A. 2C:1-6(c), the DNA exception, provides that the applicable statute of ... THE DNA EXCEPTION TO THE STATUTE OF LIMITATIONS PURSUANT TO N.J.S.A. 2C:1-6[(c)] IS NOT APPLICABLE TO HER CASE. a. The plain and unambiguous meaning of N.J.S.A. 2C:1-6[(c)] is that DNA from a suspect must match DNA ... at the scene. b. Assuming that the DNA exception to N.J.S.A. 2C:1-6[(c)] is ambiguous or subject to multiple interpretations, the ...
docket: a3600-13
court: NJ Superior Court Appellate Division
decided: 2016-06-15
status: published
citation:
Document Size: 50633
15 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 742
... within the statute of limitations applicable to the greater offense. N.J.S.A. 2C:1-6(d). A trial judge has an obligation to instruct on ...
docket: a2897-13
court: New Jersey Superior Court Appellate Division
decided: 2016-02-02
status: Published
citation:
Document Size: 77185
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