Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 1000

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5680-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	360 N.J. Super. 101
Document Size:	69985

2 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 1000

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5636-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	*CITE_PENDING*
Document Size:	69961

3 State v. Timothy A. Smith -- rank: 971

... to testify before a closed circuit television violated Timothy Smith's constitutional right to confront witnesses, and whether a videotaped statement ... sleeping on her stomach on the sofa in her aunt's apartment, someone pulled down her pajama bottoms and digitally penetrated ... a preliminary hearing to determine the admissibility of T.I.'s videotaped statement at trial.     During the videotaped interview, there was ... into evidence even though it was duplicative of T.I.'s court testimony.     Smith testified and denied the allegations against him ... The Appellate Division reversed the convictions, reasoning that T.I.'s fear of testifying in open court was not a sufficient ... out of the presence of the jury. The trial court's findings were supported by substantial credible evidence in the ...

docket:	a-213-97
court:	njsupreme
decided:	1999-06-04
status:
citation:	158 N.J. 376
Document Size:	50380

4 STATE OF NEW JERSEY v. DANIEL D. RIVERA, -- rank: 939

... Steven M. Gilson, Designated Counsel,         and on the brief).         Jeffrey S. Blitz, Atlantic County         Prosecutor, attorney for respondent              (James F. Smith ... inherently unreliable that its admission in this case violated defendant's right to confrontation; accordingly, we reverse his conviction.     Defendant, Daniel ... indictment charging the following offenses: possession of cocaine, N.J.S.A. 2C:35-6 (count four); conspiracy to distribute cocaine, N.J.S.A. 2C:35-5 and 5-2 (count five); use ... denied , 55 N.J. 78 (1969), cert. denied , 397 U.S. 1057 , 90 S. Ct. 1405 , 25 L. Ed.2d 675 (1970).     Here, ...

docket:	A3802-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-16
status:	published
citation:	351 N.J. Super. 93 797 A.2d 175
Document Size:	46683

5 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 913

... a girl, then nine years old (count one), N.J.S.A. 2C:24-4a. The judge merged counts two, three ... to trial, the judge conducted hearings on: (1) whether defendant's confession was knowing and voluntary pursuant to the Miranda rule ... trial in addition to her testimony. The judge denied defendant's motion to suppress his confession to the police and found ... mother were interviewed by investigators from the Burlington County Prosecutor's Office. Investigator Dawn Cooper conducted the interview and Investigator Michael ... At a pre-trial hearing on the admissibility of defendant's taped confession, the judge found that defendant's rights had not been violated because defendant was read ...

docket:	a5672-04
court:	njappellate
decided:	2007-09-06
status:	published
citation:	396 N.J. Super. 72
Document Size:	75133

6 State of New Jersey v. Timyan Cabbell -- rank: 910

... were provided the opportunity to cross-examine two key State’s witnesses, consistent with the confrontation-clause requirements of the Federal ... and causing its rear bumper to fall off. The State’s theory was that defendant Timyan Cabbell was driving the Honda ... the two handguns. One of the bullets penetrated the truck’s windshield, killing Paul almost immediately. A Union County Grand Jury ... trial was the identification of the shooters. Two key State’s witnesses were Karine Martin and Tyson Privott. Both witnesses gave ... presence of the jury to determine the admissibility of Martin’s out-of-court statement. To this point, defendants were not ... to cross-examine Martin before the jury. Outside the jury’s presence, the court expressed its belief that asking Martin ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312

7 STATE OF NEW JERSEY v. PHILIP J. SUBHAN -- rank: 899

... counts of second-degree theft by unlawful taking, N.J.S.A. 2C:2-6 (counts one and four); two counts of second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15 and N.J.S.A. 2C:2-6 (counts two and five); two counts ... of second-degree financial facilitation of criminal activity, N.J.S.A. 2C:2-6 (counts three and six); two counts of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3a (counts seven and ten); and two ... counts of third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15 (counts eight and nine). For ...

docket:	A1384-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-12
status:	unpublished
citation:
Document Size:	83289

8 STATE OF NEW JERSEY IN THE INTEREST OF A.R., a minor -- rank: 896

... for amicus curiae State of New Jersey Attorney General (Christopher S. Porrino, Attorney General, attorney; Ian C. Kennedy, Special Deputy Attorney ... Bergen County Prosecutor, of counsel and on the brief). Lawrence S. Lustberg argued the cause for amicus curiae John J. Gibbons ... was enacted in 1989 in accordance with the Supreme Court's proposal in  State v. D.R. , 109  N.J.  348 ... getting off the bus, J.C. allegedly told his mother's cousin that appellant touched his "pee-pee" during the bus ride. The child's mother reported this to the police. A detective with the county prosecutor's office conducted a videotaped interview of J.C. eighteen ...

docket:	a2238-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	published
citation:	447 N.J.Super. 485 149 A.3d 297
Document Size:	121747

9 State v.Josephine Castagna, et al. -- rank: 853

... counsel an opportunity to cross-examine one of the State’s crucial witnesses concerning the reason the witness changed her statement ... to second-degree reckless manslaughter and became a key State’s witness. During the police investigation of the incident, Arias gave ... moved to use the polygraph test results to impeach Arias’s testimony. They also sought to call the polygrapher as a ... On appeal, defendants asserted reversible error in the trial court’s refusal to allow defense counsel an opportunity to cross-examine ... ineffective assistance of counsel. The Supreme Court granted the State’s petition for certification in State v. Castagna , 185 N.J ... in denying defendants the right to cross-examine the State’s witness concerning the polygraph test results, but the error ...

docket:	a-13-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	104274

10 STATE OF NEW JERSEY IN THE INTEREST OF S.R Juvenile- -- rank: 838

... 5745-07T4 STATE OF NEW JERSEY IN THE INTEREST OF S.R., Juvenile-Appellant. ____________________________ Submitted March 9, 2010 - Decided Before Judges ... 761-08. Yvonne Smith Segars, Public Defender, attorney for appellant S.R. (Robert Brigliadoro, Designated Counsel, on the brief). Sean F ... Enos, Jr., Assistant Prosecutor, on the brief). PER CURIAM Appellant S.R. appeals from the order of disposition entered by the ... period of eighteen months subject to certain conditions. We affirm S.R.'s delinquency adjudication but vacate the order of disposition and remand ... for a new dispositional hearing. I. On November 20, 2007, S.R. was charged with committing acts which, if committed ...

docket:	a5745-07
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	68824

11 STATE OF NEW JERSEY v. C.D. -- rank: 774

... C.D., with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1), second degree sexual assault, N.J.S.A. 2C:14-2b, and second degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. The indictment alleges that between October ... jury, the court heard argument and ultimately granted the State's motion to admit as evidence at trial, under the standards ... was temporarily reassigned to a different judge who heard defendant's motion to suppress the videotaped statement Robin gave to a detective from the Union County Prosecutor's Office pursuant to State v. Michaels, 136 N.J. ...

docket:	a0055-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-12
status:	unpublished
citation:
Document Size:	81977

12 State v. Timothy Miller -- rank: 759

... the trial court denied defendant his rights under N.J.S.A. 2C:35-19c. Defense counsel replied in writing, objecting ... the trial court.     The state never responded to defense counsel's letter. Instead, it provided defense counsel with the name and ... counsel objected. The state claimed it never received defense counsel's letter and that, consequently, the alleged letter was not on file. Defense counsel's secretary testified that the letter was sent to both the ... no way for the state to know of defense counsel's objection or the need for a preliminary hearing. The trial court further held that defense counsel's objections did not satisfy the specificity requirement of State ...

docket:	a-94-00
court:	njsupreme
decided:	2002-01-23
status:
citation:	170 N.J. 417
Document Size:	61211

13 STATE OF NEW JERSEY V. TIMOTHY SMITH -- rank: 752

... Smith was found guilty of aggravated sexual assault, N.J.S.A. 2C:14-2a. See footnote 2 He was sentenced ... The conviction arose from an aggravated sexual assault on defendant's fiancee's eight year old niece, T.I. T.I. was visiting ... her mother, who in turn reported it to the Prosecutor's Office.          In his brief on appeal defendant makes the following ... I. CONDUCTED BY DETECTIVE KOENIG OF THE UNION COUNTY PROSECUTOR'S OFFICE.     POINT III         THE PROSECUTOR'S MISCONDUCT DENIED DEFENDANT A FAIR TRIAL AND DEFENDANT'S ...

docket:	a2518-96
court:	njappellate
decided:	1998-04-22
status:	published
citation:	<a href=
Document Size:	17974

14 STATE OF NEW JERSEY v. MICHAEL MCCALL -- rank: 731

... 2005, of second - degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); first - degree robbery, N.J.S.A. 2C:15-1 (count two); first - degree felony murder, N.J.S.A. 2C:11-3a(3) (count three) ; second-degree reckless manslaughter, N.J.S.A. 2C:11-3a(3), as a lesser-included offense ... four); third - degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count five); and second - degree possession of a weapon for an unlawful purpose , N.J.S.A. 2C:39-4a (count six) . Merging counts one ...

docket:	a1572-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-23
status:	unpublished
citation:	199 N.J. 541 973 A.2d 944
Document Size:	80195

15 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 731

... Smith on charges of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts one through three); second-degree ... possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b) (count five); fourth-degree possession ... a person under the age of twenty-one, N.J.S.A. 2C:58-6.1(b) (count six); and third-degree witness tampering, N.J.S.A. 2C:28-5(a) (count seven). Prior to ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425