Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. SERGEI CHEPILKO -- rank: 681

... to issue a special events permit. We conclude that defendant's business activity does not serve predominantly expressive purposes and therefore ... challenge the constitutionality of those ordinances. Accordingly, we reject defendant's constitutional arguments and affirm his convictions. I. Around 2 a ... civil rights." The officers charged defendant with violating Atlantic City's municipal ordinance 145-1, which provides: No person shall hawk ... of ordinance 145-1. The judge declined to consider defendant's constitutional argument on the ground that such a claim should ... Superior Court. The judge imposed a $206 fine for defendant's violation of the ordinance. Defendant appealed his conviction to the ... he was represented by counsel. Defense counsel expanded upon defendant's argument presented in municipal court that the application of ...

docket:	a0084-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-04
status:	published
citation:	405 N.J.Super. 446 965 A.2d 190
Document Size:	76127

17 STATE OF NEW JERSEY v. GEORGE KING, JR. -- rank: 675

... his confession, which is the principal evidence in the State's case to prove defendant committed murder. The judge found the ... to appeal on that issue. The appeal concerns whether defendant's forensic psychiatrist should be permitted to testify that defendant's narcissistic and antisocial personality disorders affected the confession's reliability. After conducting a hearing pursuant to N.J.R ... disorders on [the date of his confession]," and that "defendant's psychiatric disorders are consistent with the defendant's claim of false confession or are . . . associated with false ...

docket:	a5837-04
court:	njappellate
decided:	2006-08-18
status:	published
citation:	*CITE_PENDING*
Document Size:	110052

18 STATE OF NEW JERSEY v. DONALD HERTEL -- rank: 675

... old boy attended the event with a friend. The evening's activities lasted from 7:00 to 8:30 and consisted ... the end of the case, the prosecutor highlighted the boy's testimony that defendant only allowed lukewarm water to strike the ... The boy and his friend went outside to his mother's car while she returned to the building to retrieve a ... that defendant was alongside her car. According to the boy's testimony, defendant approached him in the car and asked him ... began talking about the incident with his mother. The boy's mother contacted the director of the organization that had hosted ... the program, and the director contacted the Morris County Prosecutor's Office. Three days after the incident, the boy gave ...

docket:	a3156-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	69354

19 STATE OF NEW JERSEY v. GEORGE KING, JR. -- rank: 675

... his confession, which is the principal evidence in the State's case to prove defendant committed murder. The judge found the ... to appeal on that issue. The appeal concerns whether defendant's forensic psychiatrist should be permitted to testify that defendant's narcissistic and antisocial personality disorders affected the confession's reliability. After conducting a hearing pursuant to N.J.R ... disorders on [the date of his confession]," and that "defendant's psychiatric disorders are consistent with the defendant's claim of false confession or are . . . associated with false ...

docket:	a5836-04
court:	njappellate
decided:	2006-08-18
status:	published
citation:	*CITE_PENDING*
Document Size:	110063

20 State v. Graciano Martinez Rosales -- rank: 672

... as an expert witness to testify that, based on defendant's background and the circumstances surrounding the interrogation, defendant's confession was not voluntary and he confessed to a crime ... p.m., police transported him to the Middlesex County Prosecutor's Office, where Sergeant Alvarez issued a second set of Miranda ... and went to visit Ventura; and when he left Ventura's apartment, he heard a woman scream and he ran home ... had five minutes to live. Dr. Latimer opined that defendant's anxiety under such threats caused him to give a false ... people deal with difficult situations. Dr. Parra disagreed that defendant's will was overborne when he confessed. Testifying on his ...

docket:	a-32-09
court:	supreme
decided:	2010-07-19
status:
citation:	202 N.J. 549 998 A.2d 459
Document Size:	95796

21 State of New Jersey v. Carl Williams -- rank: 672

... may testify in a subsequent criminal proceeding regarding a participant's statements made during mediation. Carl Williams and his brother-in ... a face-to-face argument at the brother-in-law's house in Paterson, which quickly escalated into a physical fight ... machete from the trunk of his car and cut Bocoum's wrist.     Police had apprehended Williams in his apartment, where they ... on the sidewalk in front of the brother-in-law's house. Williams was arrested. After the arrest, Williams filed a ... of Williams. Questioned by the court outside of the jury's presence, the mediator indicated that the brother-in-law stated ... conviction and sentence. The Appellate Division upheld the trial court's exclusion of the mediator's testimony and otherwise affirmed ...

docket:	a-61-04
court:	njsupreme
decided:	2005-07-28
status:
citation:	184 N.J. 432
Document Size:	71551

22 VIVIAN SHNAIDMAN v. STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 672

... of New Jersey, Law Division, Mercer County, Docket No. L-2142-07. David H. Kaplan argued the cause for appellant. Jacqueline ... Augustine, Deputy Attorney General, argued the cause for respondents (Jeffrey S. Chiesa, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. She appeals the grant ... 2004, she left the ADTC to work at the Center's Special Treatment Unit (STU) in Avenel, where M.M. and ... October 2006, plaintiff filed a series of complaints to DHS's Office of Equal Employment Opportunity (EEO). Plaintiff claims she was ... complaints. On February 28, 2007, DHS informed plaintiff that EEO's investigation had found that her complaints were uncorroborated and ...

docket:	a4120-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-26
status:	unpublished
citation:
Document Size:	77463

23 STATE OF NEW JERSEY v. DAVID GRANSKIE, JR -- rank: 672

... present expert psychiatric testimony concerning the potential impact of defendant's opiate addiction and withdrawal symptoms on the reliability of his ... he concluded that the testimony was admissible to explain defendant's mental disorder to the jury and to explain why someone ... the expert could not testify as to whether this defendant's statement was reliable or unreliable. After reviewing the record and ... be at a state of the art that an expert's testimony could be sufficiently reliable; and (3) the witness must ... N.J. 440 , 454 (2008). We review a trial judge's evidentiary rulings -- including a decision to permit an expert to ... 455. On this appeal, the State characterizes the trial judge's decision as a departure from established case law. We ...

docket:	a2990-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-16
status:	published
citation:	433 N.J.Super. 44 77 A.3d 505
Document Size:	48455

24 STATE OF NEW JERSEY v. AMALIA MIRASOLA -- rank: 660

... for the weapon offense. Before trial, the court denied defendant's motion to suppress certain statements she made to police, and ... husband sexually abused their daughter, V.M., during the State's case-in-chief. Before V.M. testified for the State ... the court also warned defendant that statements from V.M.'s journal would be admissible to confront V.M. only if ... V.M. with statements from her journal, and the court's sentence. Defendant specifically argues: POINT I THE COURT ERRED IN ... APPELLANT THE OPPORTUNITY TO CORROBORATE HER CLAIMS REGARDING THE VICTIM'S ALLEGED SEXUAL MISCONDUCT WITH THEIR 13 YEAR OLD DAUGHTER POINT ... THE COURT ERRED IN PRECLUDING COUNSEL FROM CONFRONTING DEFENDANT-APPELLANT'S DAUGHTER WITH PREVIOUSLY RECORDED STATEMENTS ENTERED INTO A JOURNAL ...

docket:	a3639-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	unpublished
citation:
Document Size:	71664

25 STATE OF NEW JERSEY v. AZIZ GILLIARD -- rank: 651

... from his conviction for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a, second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, fourth-degree aggravated assault by pointing a weapon at another, N.J.S.A. 2C:12-1b(4), and second-degree possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7. He also appeals from his sentence ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for aggravated manslaughter and his ... five-year period of parole ineligibility pursuant to N.J.S.A. 2C:39-7b, for possession of a weapon ...

docket:	a2279-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-05
status:	unpublished
citation:
Document Size:	80329

26 STATE OF NEW JERSEY v. ANTHONY ARDIS and PAUL BAZELA - -- rank: 637

... PVSC employees during work hours at the homes of Ardis's mother and his girlfriend under the supervision of Bazela. Following ... vacated. On leave granted, the State now appeals the court's decision mandating a new trial for each defendant. For the reasons that follow, we affirm the trial court's grant of a new trial to defendant Ardis but reverse ... him from those against Bazela. The record supports the court's finding that Ardis was manifestly prejudiced by the cumulative impact ... of the trial: (1) the dramatic opening statement of Bazela's attorney, in which he told the jurors that Ardis had ... at the trial; and (2) undue restrictions imposed upon Ardis's counsel in cross-examining key PVSC employees who testified ...

docket:	a0670-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	88817

27 STATE OF NEW JERSEY v. FRED NEULANDER -- rank: 631

... of capital murder of his wife, Carol Neulander, N.J.S.A. 2C:5-2. On November 22, 2002, the jury ... MURDER, OFFERED TO IMPEACH HIS TESTIMONY AGAINST DEFENDANT, INFRINGED DEFENDANT'S RIGHT TO CONFRONT WITNESSES AND PRESENT A DEFENSE AND HIS ... TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST . AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 1, 9, 10. POINT II THE TRIAL COURT'S DECISION TO ALLOW A CRITICAL DEFENSE WITNESS TO TESTIFY IN ... TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST. AMEND. XIV; N.J. CONST. (1947) ART. I, PARS ... TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST. AMEND. XIV; N.J. CONST. (1947) ART. I, ...

docket:	a3616-02
court:	njappellate
decided:	2006-12-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	170683

28 STATE OF NEW JERSEY v. PATRICK J. FREE, -- rank: 631

... false confessions, on the subject of the credibility of defendant's confessions. We reverse. I     The issue arose after a N.J.R.E. 104 hearing, resulting from defendant's motion to suppress his confessions as involuntary, Jackson v. Denno , 378 U.S. 368 , 84 S. Ct. 1774 , 12 L. Ed.2d 908 (1964), and as having ... been obtained in violation of Miranda v. Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d ...

docket:	a5275-00
court:	njappellate
decided:	2002-05-24
status:	published
citation:	351 N.J. Super. 203
Document Size:	55120

29 STATE OF NEW JERSEY v. DORELLE RASHAN WALLACE -- rank: 625

... charged in separate indictments, of first-degree robbery, N.J.S.A. 2C:15-1(a)(1). Pursuant to a negotiated ... imposed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and on the conviction under ... argues: POINT I THE TRIAL COURT SHOULD HAVE SUPPRESSED DEFENDANT'S INCULPATORY EXTRAJUDICIAL STATEMENTS, BECAUSE THE DETECTIVES DID NOT QUESTION DEFENDANT ... HIS DEFENSE. POINT III THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S APPLICATION TO WITHDRAW HIS GUILTY PLEA. POINT IV DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE. Following our review of the arguments ... applicable law, we affirm. I. The charges arise from defendant's participation in two robberies. The first occurred on June ...

docket:	a0767-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-07
status:	unpublished
citation:
Document Size:	46999

30 State v. Robert Handy -- rank: 616

... on it. The same words were tattooed on his uncle’s body. Defendant offered several more statements to the police, most of which described his uncle’s assault on him with the pipe and all of which included defendant’s assertion that the stabbing was in self defense. Prior to ... there were approximately forty names on the list, his uncle’s name was first. Five months prior to the stabbing death ... his uncle, defendant was admitted for treatment to St. Luke’s-Roosevelt Hospital after physicians determined that he was suffering from paranoid schizophrenia. Defendant’s competency was evaluated on several occasions, with different professionals ...

docket:	A-68-11
court:	NJ Supreme Court
decided:	2013-09-09
status:
citation:	215 N.J. 334 73 A.3d 421
Document Size:	107898