Search Rutgers Law Library N.J. Court Opinions

151 STATE OF NEW JERSEY v. WILLIAM STROUGHN -- rank: 569

... Stroughn, of second-degree robbery in violation of N.J.S.A. 2C:15-1. He was sentenced to an extended ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to ... on her arm and clothing. According to Dimenna, the victim's left elbow was scraped and her left hand was cut ... the police car. The victim did not testify. Over defendant's objection, Dimenna was permitted to testify that the victim identified ... asked Zito what had happened. Defendant did not testify. Defendant's wife, Patricia, claimed that defendant had injured his leg in ... CONTRARY TO CRAWFORD V. WASHINGTON , AND IN VIOLATION OF DEFENDANT'S RIGHT TO CONFRONTATION, THE TRIAL JUDGE ERRONEOUSLY ALLOWED THE ...

docket:	a4699-03
court:	njappellate
decided:	2006-02-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42305

152 State v. Juan Pablo Santos -- rank: 566

... the welfare of a child in exchange for the State’s agreement to drop the sexual assault charge and recommend that ... of the plea and that he was satisfied with Smith’s representation. Smith then engaged Santos in a short colloquy to ... the Untied States Supreme Court issued Padilla v. Kentucky , ___ U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), in which it ... 2 On November 3 , 2010, the court determined that Santos’s allegations were sufficient to establish a prima facie claim ...

docket:	A-114-10
court:	NJ Supreme Court
decided:	2012-05-08
status:
citation:	210 N.J. 129 42 A.3d 141
Document Size:	84333

153 STATE OF NEW JERSEY v. MICHAEL GRANT -- rank: 564

... PER CURIAM This is an appeal from the Law Division's denial of defendant Michael Grant's second petition for post-conviction relief ("PCR"). We affirm. After ... trial, defendant was convicted of first-degree murder, N.J.S.A. 2C:15-1 (count three); second-degree possession of ... Court again denied certification. 148 N.J. 461 (1997). Defendant's second PCR application was denied by the Law Division in ... this most recent application ("the PCR judge") held that defendant's petition was procedurally barred under Rule 3:22-4 and ... for the police and also identified him in court. Defendant's ex-girlfriend and uncle each testified that defendant owned ...

docket:	a6537-06
court:	njappellate
decided:	2009-01-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71068

154 STATE OF NEW JERSEY v. DONALD ANDREWS -- rank: 564

... PER CURIAM Defendant Donald Andrews appeals from the Law Division's judgment of conviction, entered after a jury found him guilty ... she became stranded in Elizabeth. Defendant also challenges the court's sentence, a fifty-year term of imprisonment, subject to an ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In his appeal, defendant raises ... for the first time several arguments regarding the trial court's rulings on the admission of evidence, the prosecutor's comments to the jury, and the insufficiency of the evidence ... arguing that there is no merit to any of defendant's contentions. We have considered the parties' arguments in light ...

docket:	a1458-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	47919

155 STATE OF NEW JERSEY v. NORBERTO VAZQUEZ -- rank: 564

... legal counsel in his defense. Strickland v. Washington , 466 U.S. 668 , 686, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). To ... part test enunciated in Strickland by demonstrating that: (1) counsel's performance was deficient, and (2) the deficient performance actually prejudiced the accused's defense. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693; ...

docket:	A0814-03
court:	NJ Superior Court Appellate Division
decided:	2006-07-19
status:	unpublished
citation:
Document Size:	49049

156 STATE OF NEW JERSEY v. PHILIPPE BARTHELUS -- rank: 561

... Phillipe Barthelus was convicted of first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count two); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count three); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count four); second-degree possession ...

docket:	a5012-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-11
status:	unpublished
citation:
Document Size:	49502

157 STATE OF NEW JERSEY v. CHRISTOPHER EVANS -- rank: 558

... conviction on four counts of first-degree robbery, N.J.S.A. 2C:15-1, and one count of conspiracy to commit robbery, N.J.S.A. 2C:5-2, 2C:15-1. The jury acquitted ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On this appeal, defendant raises the following issues: POINT I: EVANS'S MOTION FOR A WADE HEARING REGARDING THE OUT-OF-COURT ... Well As Contrary to State v. Delgado . POINT II: EVANS'S RIGHT TO CONFRONTATION AND THE RULES OF EVIDENCE WERE VIOLATED BY THE TRIAL COURT'S ADMISSION OF CELLULAR TELEPHONE REPORTS INTO EVIDENCE. U.S. ...

docket:	a1530-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	39433

158 STATE OF NEW JERSEY v. IKINO O. WILLIAMS -- rank: 555

... of first-degree attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3, and second-degree possession of a ... weapon for an unlawful purpose, in violation of N.J.S.A. 2C:43-7.2. He now appeals his convictions ... sentence, which we affirm in all respects. I. The State's proofs at trial adduced the following facts, which are relevant ... the attempted murder, Kevin Geddes, was a friend of Stevens's. For reasons not apparent from the record, Geddes kept most of his clothing stored in Stevens's basement. Geddes stopped at Stevens's house nearly every ...

docket:	A2621-05
court:	NJ Superior Court Appellate Division
decided:	2007-11-23
status:	unpublished
citation:
Document Size:	62780

159 STATE OF NEW JERSEY v. CHRISTOPHER ETIENNE -- rank: 555

... convicted defendant of third-degree possession of cocaine, N.J.S.A. 2C:35-10a(1), and two counts of third ... CDS), heroin and cocaine, with intent to distribute, N.J.S.A. 2C:35-5b(3). The judge imposed concurrent terms ... the convictions based on two separate trial errors concerning defendant's pre and post-arrest silence and the admission of prejudicial ... Haitian descent. Two days later, Camilleri and Monmouth County Prosecutor's Detective Scott Samis arranged to meet with a confidential informant ... the search, several seized cellular phones rang. Monmouth County Prosecutor's Sergeant Barry Graves answered each call and concluded that the ... and answer the questions. Detective Nuccio and Camilleri witnessed defendant's signature. At 3:55 a.m., Samis gave defendant ...

docket:	a3368-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-16
status:	unpublished
citation:
Document Size:	57864

160 STATE OF NEW JERSEY v. JOSE M. ROSARIO -- rank: 555

... Deputy Public Defender, of counsel and on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Jenny M. Hsu, Deputy ... of a controlled dangerous substance (CDS), contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(1), and ... was charged with second-degree distribution of CDS, N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count one); first-degree possession of CDS, N.J.S.A. 2C:35-5(a)(1) and (b)(1) (count two); third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count three); second-degree ... a firearm while committing certain drug-related offenses, N.J.S.A. 2C:39-4.1(a) (count four); third- ...

docket:	a5161-09
court:	NJ Superior Court Appellate Division
decided:	2012-12-05
status:	unpublished
citation:
Document Size:	36351

161 STATE OF NEW JERSEY v. GARY HOLMES -- rank: 555

... January 18, 2007 - Decided February 16, 2007 Before Judges C. S. Fisher and Yannotti. On appeal from the Superior Court of ... Camden County indictment with aggravated assault, second degree, N.J.S.A. 2C:39-4d (count three); and unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four). Tried to a jury ... Nicole Young (Young) resided in the house adjacent to Bethea's neighbor. Bethea recounted that, between 4:00 and 5:00 ... the person she saw strike Young. Bethea said that Young's shirt was torn, and it was hanging from her waist ... opened the door and helped Young into the house. Bethea's children were awakened by the noise. She asked her ...

docket:	A1952-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-16
status:	unpublished
citation:
Document Size:	44195

162 STATE OF NEW JERSEY v. NAIM JONES -- rank: 555

... 1) third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b, and fourth-degree possession of hollow-point bullets, N.J.S.A. 2C:39-3f, and (2) second-degree possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7b. A bifurcated trial occurred, at the ... consideration: POINT I The trial court erred in denying Appellant's motion to dismiss the indictment or in the alternative to ... of evidence charge. (Raised below.) POINT II The trial court's assistance of the State during its direct examination of the State's witness impermissibly merged the prosecutorial function with the judicial ...

docket:	a4918-06
court:	superior court appellate division
decided:	2009-06-30
status:	Unpublished
citation:
Document Size:	73426

163 STATE OF NEW JERSEY v. JAMES J. MAUTI -- rank: 552

... J. Mauti with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(7); second degree sexual assault, N.J.S.A. 2C:14-2c(1); third degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a; and fourth degree criminal sexual contact, N.J.S.A. 2C:14-3b. At all times relevant to this ... includes internal and sports medicine. The complaining witness is defendant's sister-in-law, "Joanne." 1 The incident that prompted these ... 208 N.J. 519 (2012) ( Mauti I), we granted defendant's motion for leave to appeal and reversed the Criminal ...

docket:	a3551-12
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	published
citation:	448 N.J.Super. 275 153 A.3d 256
Document Size:	174371

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

... 116, 952 A.2d 452. Original MSWord Version N.J.S.A. 2C:14-7. " SYLLABUS (This syllabus is not part ... have been excluded under the Rape Shield Law, N.J.S.A. 2C:14-7. In 1995, Scott Schnabel, defendant, began ... 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 ...

docket:	a-13-07
court:
decided:	2008-07-29
status:
citation:
Document Size:	88962

165 New Jersey Division of Child Protection v. N.T. -- rank: 552

... A.D. Defendant N.T. (Stepfather) appeals the trial court's April 2, 2014 finding that he abused or neglected his ... V. to witness him perpetrate domestic violence against J.V.'s mother, defendant A.K. (Mother). Over Stepfather's hearsay objections, the Division of Child Protection and Permanency (Division ... to J.V., the trial court relied on the psychologist's diagnoses and opinions. Stepfather argues that Mother's statements in the report and the evaluation, and the psychologist's evaluation itself, were inadmissible hearsay. Thus, we must address ...

docket:	a1008-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	445 N.J.Super. 478 139 A.3d 108
Document Size:	70568