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196 STATE OF NEW JERSEY v. J.E.J. -- rank: 527

... than fifteen occasions. A few times after 1 N.J.S.A. 2C:43-7.2. 2 We use fictitious names for defendant's wife and daughter to preserve the confidentiality of the record ... t anything wrong with it.' Karen also testified that defendant's hugs became tighter and more aggressive as if he was ... occasion, defendant, wearing only a towel and underwear, pulled Karen's sleeping bag off and her pants fell. She stated that ... and backed away from him. As a result of defendant's actions, Karen began to fear being around him, but she ... in the park, Charlotte picked up a pair of defendant's pants and a letter fell out of his wallet. ...

docket:	a2478-06
court:	superior court appellate division
decided:	2010-05-12
status:	unpublished
citation:
Document Size:	39367

197 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 527

... distribution of a controlled dangerous substance (CDS) (marijuana), N.J.S.A. 2C:35-5(a)(1), (b)(12) (count one ... CDS (marijuana) within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count two); fourth-degree ... possession of CDS (marijuana) with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(12) (count three ... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count four), as well ... the disorderly persons offense of possession of CDS. N.J.S.A. 2C:35-7.1(a). During the weekend prior ... here. The disposition summary is scalp lacerations, contusions multiple. That's it. He had stiches put in. He's supposed ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

198 STATE OF NEW JERSEY v. JOHN A. HRYHOR -- rank: 524

... robbery. Defendant was charged with first-degree robbery, N.J.S.A. 2C:5-1, and N.J.S.A. 2C:2-6. Following a jury trial, defendant was ... convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1, and N.J.S.A. 2C:2-6. Defendant was sentenced on the robbery ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, a concurrent seven-year sentence ... Singh told Kay that he had been counting the day's receipts at the end of his shift when two ...

docket:	a3070-05
court:	NJ Superior Court Appellate Division
decided:	2008-10-20
status:	unpublished
citation:
Document Size:	53456

199 STATE OF NEW JERSEY v. THOMAS GIBERSON -- rank: 524

... conviction for fourth-degree theft by unlawful taking, N.J.S.A. 2C:20-3a. We affirm. We discern the following ... Shortly thereafter, defendant, a toll plaza supervisor, returned the driver's wallet, which he had found earlier on the ground. The ... allowing the jury to receive the transcript of the defendant's statement because it included an accusation by [THE DETECTIVE] that ... statement. Point IV the admission of the non-testifying detective['S] highly prejudicial statement as to defendant's ultimate guilt also violated defendant's right to confrontation and constitutes plain error. Point V ...

docket:	a2268-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	36302

200 Gardner v. Myron Pawliw, M.D. -- rank: 521

... during her pregnancy. Dr. Pawliw was aware of the clinic's treatment of Mrs. Gardner, but did not assume responsibility for ... still no fetal movement. The Gardners immediately called Dr. Pawliw's office, and were told to come in and be examined ... fetus.     This action followed. The complaint alleged that Dr. Pawliw's failure to perform diagnostic tests, specifically a Non-Stress Test ... the increased risk was a substantial factor in the fetus's death.     At trial, Mrs. Gardners' key expert on causation, Dr ... by videotaped deposition. Dr. Kalafer stated that given Mrs. Gardner's history, Dr. Pawliw's failure to perform any tests when Mrs. Gardner reported ...

docket:	a-82-96
court:	njsupreme
decided:	1997-07-14
status:
citation:	150 N.J. 359
Document Size:	111449

201 STATE OF NEW JERSEY v. AHMAD J. JOHNSON -- rank: 521

... Kmieciak, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Ms. Kmieciak, of counsel and on ... Ahmad Johnson was convicted of first-degree carjacking, N.J.S.A. 2C:15-2 (count one); three counts of second ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (counts two, six and ten); and ... of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (counts three, seven and eleven). Defendant ... the first-degree attempted murder of Lawrence Herring, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count four); the first-degree ...

docket:	a6238-09
court:	New Jersey Superior Court Appellate Division
decided:	2013-03-27
status:	Published
citation:
Document Size:	80136

202 STATE OF NEW JERSEY v. DEWIGHT GREER -- rank: 521

... a mistrial or whether double jeopardy principles bar the State's challenge to that order. Although we disapprove of the procedure ... we conclude double jeopardy principles apply and dismiss the State's appeal. Because the facts are irrelevant to our disposition of ... Indictment No. 13-07-1900 with human trafficking, N.J.S.A. 2C:13-8a(1); and three counts of promoting prostitution, N.J.S.A. 2C:34-1b(6); and in Indictment No. 14 ... 05-1059 with strict liability drug induced death, N.J.S.A. 2C:35-9; two counts of possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1); two counts of distribution ...

docket:	a0952-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-07
status:	unpublished
citation:
Document Size:	27044

203 STATE OF NEW JERSEY v. DJAVON HOLLAND -- rank: 521

... jury of second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2 (count one), and second-degree robbery, N.J.S.A. 2C:15-1 (count two). Following appropriate merger of ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered to pay $425 ... saw one of them pull a wallet out of Gold's pocket. Pauta reached for his broomstick and, after helping Gold ... minutes, was played to the jury in its entirety. Gold's injuries included aches and pains in his ribs, a ...

docket:	a5062-06
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61892

204 STATE OF NEW JERSEY v. JULIUS J. BOEGLIN -- rank: 521

... commit murder, a crime of the second degree, N.J.S.A. 2C:5-2, 11-3; knowing or purposeful murder ... 86 (2001). This matter has a protracted procedural history. Defendant's crimes occurred in 1990, and he was convicted in 1992 ... of the procedural steps, and missteps, that occurred between defendant's 1992 conviction and his 2001 filing of this petition. It ... to note that in Boeglin I I , we affirmed defendant's convictions and remanded for entry of a corrected judgment of ... are recounted in our opinion deciding the merits of defendant's initial appeal, and we incorporate them into this opinion by ... Admission of Highly Prejudicial Evidence i. Misconduct in the Prosecutor's Opening and Closing Remarks ii. Failure to Object to ...

docket:	A0196-04
court:	NJ Superior Court Appellate Division
decided:	2008-06-26
status:	unpublished
citation:
Document Size:	63328

205 STATE OF NEW JERSEY v. E.S. -- rank: 521

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. E.S., Defendant-Appellant. ____________________________________ June 20, 2014 Argued January 29, 2014 â ... of counsel and on the brief). PER CURIAM Defendant E.S. (Eric) 1 appeals his conviction for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); all involving his stepdaughter S.W. (Susan). We reverse and remand for a new ...

docket:	a3198-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	73072

206 STATE OF NEW JERSEY v. CARLOS MENDOZA -- rank: 521

... of second-degree sexual assault upon N.P., N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He appeals from the conviction ... first-degree aggravated sexual assault upon N.P., N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault upon N.P., N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.P., N.J.S.A. 2C:24-4(a) (count three); second-degree sexual assault upon S.P., N.J.S.A. 2C:14-2(b) ( ...

docket:	a2575-08
court:	superior court trial
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	40013

207 STATE OF NEW JERSEY v. PAUL CIBELLI, JR -- rank: 521

... Cibelli, Jr., was convicted of first degree murder, N.J.S.A. 2C:11-3 (count one), third degree hindering apprehension or prosecution, N.J.S.A. 2C:43-7.2, with five years' parole supervision ... two to a consecutive five-year term. Tania Silva, defendant's girlfriend, was last seen alive at defendant's home on the night before she planned to leave him ... evidence which established that the murder was committed at defendant's home, and the central issue at trial was the identity of the person who killed her. At trial, defendant's former wife was permitted to testify that, seven years ...

docket:	a6422-06
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	86662

208 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R. -- rank: 521

... AND PERMANENCY, Plaintiff-Respondent, v. J.R., Defendant-Appellant, and, S.J., Defendant. _______________________________ IN THE MATTER OF G.J., Minor. _______________________________ February ... appellant (Ifeoma A. Odunlami, Designated Counsel, on the briefs). Christopher S. Porrino, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant ... and Permanency (the Division) received a referral from St. Joseph's Regional Medical Center in Paterson because defendant had given birth ... On August 4, 2014, the Division received reports from defendant's methadone clinic, which showed positive tests for cocaine, opiates, and ... came to the Division on July 29, 2014, because defendant's records showed she tested positive for cocaine and opiates throughout ... and opiates the week she gave birth to Gail. Defendant's drug tests showed positive results for combinations of cocaine, ...

docket:	a0214-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	25417

209 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 521

... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the two armed robberies, committed in violation of N.J.S.A. 2C:15-1. In addition, the court sentenced defendant ... of imprisonment for aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(2), and two counts of ... a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b). For the other offenses defendant ... either imposed concurrent terms or merged the convictions. Thus, defendant's aggregate term is forty-seven years imprisonment, with thirty-two ... defendant became very aggravated and demanded the money from Bennett's wallet. Thereafter, defendant took the money from Bennett's ...

docket:	a2423-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	44430

210 STATE OF NEW JERSEY v. R.F -- rank: 521

... between July 1, 2003 and July 31, 2003, N.J.S.A. 2C:24-4a (count five). Following a trial, a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:7-1 to -19. On appeal, defendant raises ... THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING THE DEFENDANT'S PURPORTED OUT-OF-COURT STATEMENT, "K.F. DOES IT ALL ... TIME," AS A DECLARATION AGAINST INTEREST. POINT III - THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE ... NOT RAISED BELOW). POINT IV - THE PROSECUTOR VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT UNDER THE FIFTH AMENDMENT AND THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER THE SIXTH AMENDMENT BY INTENTIONALLY ...

docket:	a1604-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	102449