Search Rutgers Law Library N.J. Court Opinions

1 State v. Donald Loftin -- rank: 1000

... a struggle. The office was not disturbed, and Mr. Marsh's body showed no signs of any other wounds. Missing were Mr. Marsh's wallet and approximately $90 from the evening's receipts, including a fifty-dollar bill used by a customer ... attempting to make a purchase with one of Mr. Marsh's credit cards. He had other credit cards belonging to Mr. Marsh in his possession, as well as Mr. Marsh's driver's license and social security card. He also had a ...

docket:	a-39-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 295
Document Size:	322202

2 State v. Anderson Garron -- rank: 749

... trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victim’s past relationship with defendant, Anderson Garron. A Cumberland County grand ... an encounter on September 28, 1998, between the victim, J.S., and Garron. The precise nature of that encounter was sharply contested by J.S. and Garron at trial. J.S. asserted that Garron raped her, whereas Garron claimed that the ... consensual sexual act. The history of the relationship between J.S. and Garron became the central focus of the pretrial ...

docket:	a-16-02
court:	njsupreme
decided:	2003-07-23
status:
citation:	177 N.J. 147
Document Size:	148455

3 EDMUND T. & BARBARA KARAM VS STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL -- rank: 749

... for respondents         (Levin & Hluchan, attorneys; Mr. Hluchan, of         counsel; Jeffrey S. Beenstock, on the brief).         The opinion of the court was ... the Waterfront and Harbor Facilities Act of 1914 ( N.J.S.A. 12:5-1 to -11), more commonly known as ... because it harbored high densities of shellfish. Following the DEP's denial of their application for a development permit, plaintiffs brought ... waterways to facilitate commerce and navigation. In the early 1970's, however, governmental focus shifted in favor of wildlife conservation and ... the Coastal Area Facility Review Act (CAFRA), see N.J.S.A. 13:19-1 to -21, which, among other things ... chemical and biological environment of the coastal area." N.J.S.A. 13:19-2. The DEP was empowered to ...

docket:	a1982-96
court:	njappellate
decided:	1998-02-13
status:	published
citation:	308 N.J.Super. 225
Document Size:	51769

4 STATE OF NEW JERSEY v. GIOVANNI SOTOMAYOR -- rank: 734

... sexual assault during the course of a burglary N.J.S.A. 2C:14-3a (Counts Four and Five); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (Count Six); third-degree possession of ... a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d (Count Seven); second-degree burglary, N.J.S.A. 2C:18-2 (Count Eight); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3a (Counts Nine and Ten); third degree criminal restraint N.J.S.A. 2C:13-2a (Count Eleven). Defendant was acquitted ...

docket:	a3400-03
court:	njappellate
decided:	2007-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60150

5 State v. P.H. -- rank: 719

... evidence of belated disclosure may be considered in the jury's evaluation of a child sexual assault victim's overall credibility and whether limiting instructions to the jury violated defendant's confrontation and due process rights. Susan (fictitious name) is the ... sexual abuse, in fact, occurred. The defense focused on Susan's delay in reporting the alleged abuse, and stressed that such ... that would instruct the jury to disregard evidence of Susan's delay in reporting the alleged crimes when determining Susan's credibility. Defendant objected. The court ultimately agreed and charged ...

docket:	a-36-02
court:
decided:	2004-02-05
status:
citation:	178 N.J. 378 840 A.2d 808
Document Size:	111359

6 STATE OF NEW JERSEY v. ROBERT COOK -- rank: 707

... an indictment charging him with first-degree murder, N.J.S.A. 2C:11-3 a(1)(2), third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b, and second-degree possession of a ... unlawfully against the person or property of another, N.J.S.A. 2C:39-4a. We affirm defendant's convictions, but because we find error in the sentencing judge's failure to merge count three (possession of a handgun with ... 177 N.J. 147, 168 (2003), cert. denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d ...

docket:	a0727-06
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	67634

7 STATE OF NEW JERSEY v. JULIO F. RIVERA -- rank: 699

... police officer and creating a risk of injury, N.J.S.A. 2C:29-2(b), and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(6), as well as the ... ineligibility pursuant the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. We discern ... from the record on appeal, including the transcript of Rivera's trial. Rivera and co-defendant Elvin Caballero were indicted in ... convicted. Caballero was charged with receiving stolen property, N.J.S.A. 2C:20-7(a), and resisting arrest, N.J.S.A. 2C:29-2(a)(2), -2(a)(3)( ...

docket:	a3087-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	62386

8 State v. Luis Garcia -- rank: 699

... burglary, and various weapons offenses. At his trial, the State’s witnesses gave the following account. On January 9, 2003, Sergeant ... Sergeant Byrnes saw a handgun on the floor by defendant’s feet. Defendant volunteered that it was his weapon. The car’s occupants were placed under arrest and transported to police headquarters ... had done everything in his power to arrange for Marquinez’s appearance and that the only question was whether the Hudson ... to the Hudson County authorities. Those authorities mistakenly told counsel’s secretary that Marquinez had been transported to Somerset County earlier ... counsel explained his powerlessness over the situation because Hudson County’s noncompliance with the transport order was not defendant’s ...

docket:	a-120-06
court:
decided:	2008-06-18
status:
citation:	195 N.J. 210
Document Size:	69320

9 STATE OF NEW JERSEY v. JARRELL A. WILLIAMS -- rank: 699

... of a weapon, specifically a handgun, contrary to N.J.S.A. 2C:39-5b. The court sentenced defendant on that ... were not presented to the jury. According to the State's proofs at trial, the police found a handgun on the ... in plain view on the car floor by the driver's seat. He instead maintained that the gun had been found ... a fair trial by: (1) unduly restricting his trial counsel's cross-examination of the police officer who had searched the ... trial testimony. For the reasons that follow, we vacate defendant's conviction and sentence, and remand for a new trial. I ... The four men initially stood outside in front of defendant's house and talked. According to the State, at some ...

docket:	a2486-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	60945

10 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 693

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0401-09T4 S APPROVED FOR PUBLICATION August 4, 2011 APPELLATE DIVISION TATE OF ... acquittal on a theory of self-defense. In rejecting defendant's motion to be tried first on his self-defense claim ... so because Khan conflicts with several aspects of our State's Criminal Code; Khan relied upon District of Columbia case law ... Such an insanity trial, which might result in the defendant's indefinite commitment in a mental institution, should not have to ... by this case for prospective consideration by the Supreme Court's Committee on Criminal Practice. I. The procedural history of this ... of the fatal stabbing of Arthur Cooper, defendant Robert Handy's uncle, on January 13, 2004. They lived together in ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

11 STATE OF NEW JERSEY v. BRUCE D. BEACHAM, JR -- rank: 693

... his sentence is excessive. We agree with three of defendant's points regarding trial errors. The trial court was persuaded by the prosecution's mistaken legal arguments and erred in (1) barring the testimony of a defense witness offered to impeach the State's cooperating co-defendant, (2) threatening to give an adverse inference ... first of these errors by itself requires reversal of defendant's conviction. Cumulatively, the errors clearly cannot be deemed harmless beyond ... quoting State v. Orecchio , 16 N.J. 125 , 129 (1954)); s ee also Chapman v. California , 386 U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. ...

docket:	a1477-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-21
status:	unpublished
citation:
Document Size:	151244

12 State of New Jersey v. Demetrius C. Cope -- rank: 690

... testimony. he and five other police officers went to defendant’s apartment to execute a warrant for his arrest. Sergeant Brintzinghoffer ... kick in the door unless defendant answered. April Grant, defendant’s adult daughter, opened the door. Sergeant Brintzinghoffer and another officer ... The trial court found the sergeant credible and denied defendant’s motion to suppress on the basis that he conducted a ... guarding the rear of the apartment, recalled seeing the porch’s sliding glass door open, its screen door come crashing down ... placed the rifle on his porch without his knowledge. Defendant’s daughter testified that the balcony was cluttered and that defendant ... second Rule 104 hearing at the conclusion of the State’s case to determine the admissibility of Santiago’s notarized ...

docket:	A-13-14
court:	NJ Supreme Court
decided:	2016-04-25
status:
citation:	224 N.J. 530 135 A.3d 562
Document Size:	96129

13 STATE OF NEW JERSEY v. P.H. -- rank: 684

... the jury that "[y]ou . . . may not consider the child's failure to complain as evidence weighing against the credibility of ... the factors relevant to an evaluation of the alleged victim's credibility. Therefore, we reverse defendant's convictions.     Following a jury trial, defendant was found guilty of ... counts of aggravated sexual assault, in violation of N.J.S.A. 2C:24-4a. The trial court sentenced defendant to ... of a child, all to be served concurrently. Thus, defendant's aggregate term is twenty years imprisonment, with a ten-year ... The court also ordered defendant to comply with the Megan's Law registration, notification and lifetime community supervision requirements. See ...

docket:	a4912-99
court:	njappellate
decided:	2002-08-02
status:	published
citation:	353 N.J. Super. 527
Document Size:	72071

14 STATE OF NEW JERSEY v. DARRYL BOZEMAN -- rank: 681

... a No Early Release Act (NERA) ineligibility term, N.J.S.A. 2C:43-7.2, and to a consecutive five ... violated in the absence of a limiting instruction concerning defendant's drug dealings with co-defendant Terrell, and that the charge ... raises the following issues on appeal: POINT I THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE TRIAL ... FINDINGS AS TO THE RELIABILITY OF THE IDENTIFICATION PROCEDURE. DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE COURT REFUSED TO ... WAS DENIED DUE PROCESS OF LAW BY THE TRIAL COURT'S DECISION TO ALLOW OFF[ICER] SANTARPIA TO MAKE AN IN ... THAT SUCH AN IDENTIFICATION WOULD BE RELIABLE. B. THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONT THE WITNESSES AGAINST HIM ...

docket:	a0565-06
court:	superior court appellate division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	78151

15 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:	a5473-06
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:	66636