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16 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.W. -- rank: 695

... procedures Family Part judges must follow to protect a defendant's due process rights when a child's testimony is sought in a protective services action. We hold that in any proceeding filed pursuant to N.J.S.A. 9:6-8.21, when a defendant objects to utilizing an alternative to the child's in-court testimony, the judge must adhere to the statutory procedures outlined in N.J.S.A. 2A:84A-32.4, prior to allowing in camera ... on April 20, 2012, following trial, and included the judge's findings that C.W.'s daughter, I.N.W., ...

docket:	a0542-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 130 87 A.3d 245
Document Size:	43507

17 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.D. -- rank: 691

... D., Defendant-Appellant/ Cross-Respondent. IN THE MATTER OF T.S., K.D. and M.D., Minors. _________________________________ June 1, 2009 Submitted ... Smith Segars, Public Defender, Law Guardian, attorney for minors T.S., K.D. and M.D. (Noel C. Devlin, Assistant Deputy ... committed a sexual abuse act upon" his step-daughter, T.S., and "pose[d] a risk of sexual harm" to his ... court ordered D.D. to have no contact with T.S. and continued the previously ordered custody and visitation provisions that ... required the children to remain with R.C., D.D.'s former wife and the children's mother. Plaintiff, the New Jersey Division of Youth and ...

docket:	a4642-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-01
status:	unpublished
citation:
Document Size:	56523

18 STATE OF NEW JERSEY v. ISAAC D. CANDELARIO -- rank: 655

... of two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2), (b)(7) (counts one ... of a weapon for an unlawful purpose (knife), N.J.S.A. 2C:39-5(d) (count two); and two counts ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts four and seven). The ... sentence, and assessed applicable fines and penalties. On appeal, defendant's challenges focus on the expert evidence. First, after conducting a pre-trial Rule 104 hearing, the judge denied defendant's request to admit deposition testimony from his expert witness, who ... unable to travel cross-country. Second, defendant asserts the State's expert was erroneously permitted to utilize prejudicial demonstrative evidence ...

docket:	a2491-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	51726

19 STATE OF NEW JERSEY v. MARCUS HOLLEN -- rank: 620

... conviction based on the mistaken admission of a material witness's videotaped deposition. The deposed witness was only absent from the ... a weapon by a person not so permitted, N.J.S.A. 2C:39-7. At trial, the State offered the ... store with other suspects, was arrested. A search of defendant's person uncovered four nine millimeter bullets. In searching the area ... permitted to be in possession of a handgun, N.J.S.A. 2C:39-7, at the conclusion of a five ... 3:13-2. C. The trial court violated Mr. Hollen's right to confrontation. D. Mr. Hollen did not voluntarily, knowingly ... HAD BEGUN TO RESOLVE FACTUAL ISSUES BEARING ON MR. HOLLEN'S GUILT OR INNOCENCE DURING THE COURSE OF DELIBERATIONS. III. ...

docket:	a5053-06
court:	superior court appellate division
decided:	2009-10-13
status:	unpublished
citation:
Document Size:	52844

20 DAYMON JONES v. DEPARTMENT OF CORRECTIONS -- rank: 612

... the charge was investigated, Jones denied the allegations, stating: "It's all a fabrication. I never threatened him."     The required disciplinary ... but was postponed again, pending compliance with the hearing officer's requirement that Jones submit written confrontation questions for Panichelli. When ... November 16, it was postponed further, pending receipt of Panichelli's written responses to the questions submitted by Jones.     The merits ... The specifications alleged that, during a routine search of Jones's locker, Panichelli had found a tape dispenser and pink highlighter ... feet away from Panichelli, raised his fists toward the officer's face. In addition to the written charge, the hearing officer ... filed a false report. The record and the hearing officer's "adjudication of disciplinary charge" disclose that the evidence Jones ...

docket:	A3061-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-24
status:	published
citation:	359 N.J. Super. 70 819 A.2d 1
Document Size:	19685

21 STATE OF NEW JERSEY v. DIARA BARDEN -- rank: 580

... Defendant was found guilty of first-degree robbery, N.J.S.A. 2C:20-3a and N.J.S.A. 2C:39-4a. After merger of the convictions, defendant ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and, on the second- degree ... POINT II. THE OUT-OF-COURT STATEMENT BY THE VICTIM'S NEIGHBOR SHOULD HAVE BEEN EXCLUDED UNDER CRAWFORD V. WASHINGTON AND THE JUDGE'S IMPROPER SHIFTING OF THE ADMISSION DECISION TO DEFENDANT INSTEAD OF ... NEGATED ANY POSSIBLE INVITED ERROR. POINT III. THE TRIAL JUDGE'S FAILURE TO INSTRUCT ON THE LESSER INCLUDED OFFENSE OF ...

docket:	a5051-04
court:	njappellate
decided:	2007-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42707

22 STATE OF NEW JERSEY v. JESUS DELGADO, -- rank: 541

... two counts of sexual assault in violation of N.J.S.A. 2C:14-2b, two counts of child abuse in violation of N.J.S.A. 9:6-1 and N.J.S.A. 9:6-3 and two counts of endangering the ... appropriate statutory fines and penalties were assessed.         In 1996, T.S. and C.P. spent occasional time at the home of defendant and his live-in girlfriend, S.H. During this time, both girls slept overnight and were entrusted to the care and protection of defendant and S.H. Neither, however, was directly related to either defendant ...

docket:	a1284-98
court:	njappellate
decided:	2000-01-03
status:	published
citation:	<a href=
Document Size:	26136

23 STATE OF NEW JERSEY V. DERRICK UNDERWOOD -- rank: 512

... by A.M. STEIN, J.A.D.     We reverse defendant's conviction for receiving stolen property and remand for a new ... trial judge failed to instruct the jury of the State's burden to prove defendant purposely deprived Gelletly of her property, failed to instruct the jury concerning defendant's intent to return the vehicle and failed to adequately define ... property.     Because defendant did not object to the trial judge's instructions, the standard of review is plain error. R. 2 ... v. Vick , 117 N.J. 288 , 289 (1989).      N.J.S.A. 2C:20-7a defines the crime of receiving stolen ... with purpose to restore it to the owner.     [ N.J.S.A. 2C:20-7a.] Defendant submits that the intent ...

docket:	a6758-93
court:	njappellate
decided:	1995-12-26
status:	published
citation:	286 N.J.Super. 129
Document Size:	27314