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166 STATE OF NEW JERSEY v. FORREST THOMAS -- rank: 552

... WERE IMPROPERLY ADMITTED INTO EVIDENCE OVER OBJECTION. WHILE THE DECEDENT'S STATEMENTS INDICATING SOLELY HER STATE OF MIND – I.E ... WERE PLAINLY SIMPLY INADMISSIBLE HEARSAY WHICH CLEARLY TAINTED THE JURY'S DELIBERATIONS ON GUILT. POINT II UNDER BOTH THE CONFRONTATION GUARANTEES ... RULES, THE ADMISSION, IN THIS CASE, OF ONE MEDICAL EXAMINER'S FINDINGS THROUGH THE TESTIMONY OF ANOTHER MEDICAL EXAMINER WAS THE MOST BASIC OF VIOLATIONS OF DEFENDANT'S RIGHTS. (Not Raised Below) POINT III WHEN THE JURORS REPORTED ... the knowing and purposeful murder of Carol Spratt, N.J.S.A. 2C:11-3(a)(1), (2), and second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1). Before trial, the ...

docket:	a2706-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-31
status:	unpublished
citation:
Document Size:	79660

167 State v. Scott E. Schnabel -- rank: 552

... have been excluded under the Rape Shield Law, N.J.S.A. 2C:14-7. 2 In 1995 , Scott Schnabel, defendant ... their engagement, defendant and his two sons moved into Mary’s home. Mary had three children: John, born in 1982; Jane ... motion to allow questioning of Cindy and Jane about John’s sexual abuse in order to demonstrate that they had fabricated ... of credibility. The State sought to exclude evidence of John’s sexual abuse, arguing that the source of the girls’ sexual ... girls admitted the abuse. The trial court initially denied defendant’s motion, finding that evidence of the prior sexual abuse was ... age, and Cindy, then seventeen, testified at trial about defendant’s abuse. Dr. Anthony D’Urso, an expert witness on ...

docket:	a-13-07
court:
decided:	2008-07-29
status:
citation:	196 N.J. 116
Document Size:	64176

168 STATE OF NEW JERSEY v. JAMES DORMAN -- rank: 549

... Dorman was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, by the Wildwood Crest Municipal Court ... THERE WAS NO REASONABLE AND ARTICULABLE BASIS FOR THE STOP(S). POINT II THE BREATHALYZER RESULTS SHOULD NOT HAVE BEEN ADMITTED ... THAT DORMAN OPERATED HIS MOTORCYCLE IN VIOLATION OF 541 U.S. 36 , 68-69, 124 S. Ct. 1354 , 1374, 158 L. Ed.2d 177 , 203 (2004), ...

docket:	A2873-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-11
status:	published
citation:	393 N.J. Super. 28 922 A.2d 766
Document Size:	44867

169 STATE OF NEW JERSEY v. PAUL E. PRINCE -- rank: 549

... found him guilty of stalking his ex-wife, N.J.S.A. 2C:12-10(b), and from the simultaneous entry of a permanent restraining order, pursuant to N.J.S.A. 2C:12-10.1. The evidence adduced at trial ... global positioning system (GPS) tracking device in his ex-wife's vehicle. On appeal, defendant argues he was denied a fair ... THAT THE ENFOTRACE SYSTEM RELIABLY REGISTERED AND REPORTED ACTIVATIONS. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART. I, PARAS ... REQUIRES THAT THE FORBIDDEN PLACES BE SPECIFICALLY STATED. N.J.S.A. 2C:12-10.1(b)(1). We have reviewed ... and considered the applicable principles of law. We affirm defendant's conviction, but remand for entry of a modified restraining ...

docket:	a5877-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-05
status:	Published
citation:
Document Size:	36701

170 STATE OF NEW JERSEY v. LISA D. WARD -- rank: 549

... E. Cevasco, Assistant Prosecutor, argued the cause for respondent (Gurbir S. Grewal, Bergen County Prosecutor, attorney; Ms. Cevasco, of counsel and ... conditional guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 Defendant was sentenced to a seven-month driver's license suspension and ordered to participate in the Intoxicated Driver ... motion to suppress and the admission of the arresting officer's narrative incident report and a jail log. Defendant also contends ... had activated his emergency lights. Letavish did not measure defendant's speed as he followed behind her, and did not see ... parked appropriately. Letavish parked his patrol vehicle directly behind defendant's vehicle, exited his vehicle, and walked to the passenger' ...

docket:	a2647-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-31
status:	unpublished
citation:
Document Size:	41351

171 STATE OF NEW JERSEY v. ADAM REED -- rank: 541

... seat of the running car, with Pitko in the driver's seat. After another few minutes elapsed, the officer observed defendant ... had ensued with the other officers. A search of defendant's person uncovered his driver's license, Pitko's driver's license, and over $1000 in cash; cocaine was found in ... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (Count One); second- ...

docket:	a1074-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-11
status:	Published
citation:
Document Size:	60869

172 IN THE MATTER OF THE CIVIL COMMITMENT OF W.X.G. -- rank: 541

... predators, pursuant to the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (SVPA). We ... to two counts of second-degree sexual assault, N.J.S.A. 2C:14-2b. He admitted during the plea proceeding ... purview of the New Jersey Sex Offender Act, N.J.S.A. 2C:47-1 to -10 (SOA); R. 3:21 ... Diagnostic and Treatment Center (ADTC). Prior to W.X.G.'s release from ADTC, the State filed a petition for civil ... the civil commitment petition and related certifications. W.X.G.'s counsel had "no objections [to those exhibits] beyond the usual ... torture, and sadistic acts. Dr. Zeiguer characterized W.X.G.'s risk to re-offend in the foreseeable future as " ...

docket:	a2865-07
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	22249

173 STATE OF NEW JERSEY v. THOMAS M. WINTON -- rank: 541

... the brief). PER CURIAM Defendant appeals from the Law Division's March 28, 2012 judgment of conviction, entered after he was ... on a single charge of second degree eluding, N.J.S.A. 2C:29-2(b) and convicted by a jury ... OF THE INCIDENT VIOLATED THE RULES OF DISCOVERY AND DEFENDANT'S RIGHT TO A FAIR TRIAL POINT II: THE SUPPRESSION OF ... ADMISSION OF CERTAIN TESTIMONY BY SGT. JOHNSON VIOLATED THE DEFENDANT'S CONSTITUTIONAL RIGHT OF CONFRONTATION (Not raised below) POINT IV: CERTAIN ... A FAIR TRIAL (Not raised below) POINT V: THE DEFENDANT'S NEW TRIAL MOTION SHOULD HAVE BEEN GRANTED BASED ON NEWLY ... the record and applicable legal principles, we conclude that defendant's arguments have no merit. We affirm. I. The trial ...

docket:	a4300-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-14
status:	Published
citation:
Document Size:	23334

174 STATE OF NEW JERSEY v. MICHAEL DAMON -- rank: 538

... proofs linked defendant to the crime scene. Consequently, the State's proof of the shooter's identity hinged upon Broome's out-of-court statement to the police inculpating defendant. At ... brought Vanderhurst a blanket as he lay bleeding on Rodriguez's steps. Rodriguez stated that he asked Vanderhurst if he had ... t see anything." That testimony was offered to negate Broome's claim that defendant and the victim had been speaking with ... had not supplied the State with a summary of Vanderhurst's statement to Rodriguez in pre-trial discovery. Although defendant ...

docket:	a2626-05
court:	NJ Superior Court Appellate Division
decided:	2008-12-16
status:	unpublished
citation:	199 N.J. 130 970 A.2d 1046
Document Size:	113104

175 STATE OF NEW JERSEY v. ROBINSON DIONICIO -- rank: 538

... controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5b(3) (Count Two); third-degree possession ... distribute CDS within 1000 feet of a school, N.J.S.A. 2C:35-7 (Count Three); and second-degree possession ... within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 (Count Four). 1 We affirm ... hundred ninety to two hundred pounds. The CI provided Robbie's home address and the license plate number of a blue ... m. The next day, undercover detectives conducted surveillance of Robbie's alleged residence. At approximately 9:00 a.m., they observed ... presence, did not receive any response, and then used defendant's key to enter the apartment. They were in the ...

docket:	a5767-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-23
status:	Published
citation:
Document Size:	33834

176 Fred Burnett v. County of Bergen, et al. -- rank: 538

... considers under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, a request by a ... sells electronic access to information it gathers. In total, Burnett’s request encompassed about eight million pages of documents, stored on ... held further that Burnett had consented to the trial court’s ruling on the watermark and could not challenge it on ... this case, a balancing of the Open Public Records Act’s twin aims of protecting a citizen’s personal information and providing ready access to government records requires ... directs that all government records, as defined by N.J.S.A. 47:1A-1.1, shall be subject to ...

docket:	a-43-08
court:
decided:	2009-04-27
status:
citation:	198 N.J. 408
Document Size:	139698

177 STATE OF NEW JERSEY v. JAMES H. WRIGHT, JR -- rank: 538

... to a jury, he was convicted of lewdness, N.J.S.A. 2C:24-4a. The trial court sentenced defendant to ... assessments, the obligation to register in accordance with N.J.S.A. 2C:7-2, and community supervision pursuant to N.J.S.A. 2C:43-6.4. Defendant's convictions are based on evidence that he exposed himself to ... R.P., her mother, B.J.P., and R.P.'s younger sister were shopping for a gift. At B.J.P.'s direction, R.P. walked to a display rack about ...

docket:	a3687-06
court:	njappellate
decided:	2009-04-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	88955

178 APPROVED FOR PUBLICATION APPELLATE DIVISION STATE OF NEW JERSEY IN THE INTEREST OF C.F A Juvenile February 8, 2016 -- rank: 538

... woman who lived alone in Westfield. Police entered L.T.'s home and found her dead, hog-tied face down on ... lab for testing; a match was found in C.F.'s DNA, 1 which was already on file. 2 In the ... living in a house in Westfield that abutted L.T.'s backyard. 3 Although he was forty-nine years old, C ... committed by an adult, would constitute felony murder, N.J.S.A. 2A:113-1. 4 C.F. unsuccessfully moved to ... in effect at the time of the offense, N.J.S.A. 2A:4-61(h), which authorized an indeterminate life ... in effect when he was tried and sentenced, N.J.S.A. 2A:4A-44(d)(1)(b), which authorized ...

docket:	a2718-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-08
status:	published
citation:	444 N.J.Super. 179 132 A.3d 426
Document Size:	42789

179 STATE OF NEW JERSEY v. DAMAR JORDAN -- rank: 538

... found guilty of third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) (Count One); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Three); and second-degree possession ... distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Four). Defendant raises the following points for our consideration: POINT I THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE ... CDS WITH THE INTENT TO DISTRIBUTE. POINT II THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY ...

docket:	a1159-09
court:	superior court appellate division
decided:	2011-01-24
status:	Unpublished
citation:
Document Size:	60973

180 STATE OF NEW JERSEY v. KELLY DE LA ROSA -- rank: 538

... 13 , 27 (2004) (quotation omitted). "In some circumstances an informant's tip may assist the court in evaluating whether the police ... Amelio , supra , 197 N.J. at 212. "The anonymous informant's 'veracity,' 'reliability' and 'basis of knowledge' are 'relevant in determining ... upon the strength and corroboration of the reliable, confidential informant's tip. These findings are well-supported by the record. See ... 472-73 (1999). Defendant does not expressly challenge the judge's findings regarding the consent initially given to the officers; they ... In turn, they fully support the legal conclusion that defendant's consent was voluntarily given, with full knowledge of the right ... judge did not consider, the consequences, if any, that defendant's "functional[ly] equivalent" arrest might have had upon the ...

docket:	a0815-07
court:	superior court appellate division
decided:	2010-08-12
status:	unpublished
citation:
Document Size:	62721