Search Rutgers Law Library N.J. Court Opinions

271 STATE OF NEW JERSEY IN THE INTEREST OF A.B. -- rank: 461

... by an adult, would constitute possession of cocaine, N.J.S.A. 2C:35-7. As a result, he was sentenced ... dispatched to Clinton Avenue and Hunterdon Street on a dispatcher's information that a tall black male, wearing a green jacket ... tested positive for cocaine. A search incident to A.B.'s arrest uncovered $409.45 on his person, consisting of 108 ... the events that transpired that day. According to A.B.'s aunt, L.M., who had prior convictions for drug offenses ... her nephew at the time, having just left her mother's home at 10:00 a.m. to go to a ... something from the ground before arresting A.B. A.B.'s grandmother and guardian, D.B., testified that A.B. ...

docket:	a6312-04
court:	njappellate
decided:	2006-02-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32797

272 In the Matter of M.C. IV and N.C. -- rank: 458

... work, the officers left. The children went to a relative's home and later were taken to a hospital emergency room ... children, holding them on the floor, and deflecting his son's attempts to hit him by grabbing his son's hand and placing it behind his back. Dr. Lewis received ... September 27 th , the children were examined at a pediatrician's office. The forms completed by the doctors at that office indicated that the cause of the children's injuries was the alleged assault. An abuse and neglect complaint ... into evidence, defense counsel did not object to the Division's exhibits. At the conclusion of the hearing, the trial ...

docket:	a-96-08
court:	supreme
decided:	2010-03-31
status:
citation:
Document Size:	105556

273 STATE OF NEW JERSEY v. IBN MUHAMMAD -- rank: 458

... for our consideration: POINT I THE ADMISSION OF DETECTIVE JAMES'[S] TESTIMONY THAT OTHER WITNESSES WERE TOO TERRIFIED TO COME FORWARD, AND MELISSA MUHAMMAD'S TESTIMONY THAT SHE TOLD ROSALIND FISHER THAT "THEY'RE TRYING ... THEY THINK THAT WE'RE YOU," WERE VIOLATIONS OF DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION, THE HEARSAY PROHIBITION OF THE EVIDENCE RULES AND STATE v. BANKSTON . MOREOVER, THE PROSECUTOR'S SUMMATION, WHICH TOOK FULL ADVANTAGE OF THAT TESTIMONY, CONSTITUTED FLAGRANT ... HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL. COUNSEL'S FAILURE TO MOVE FOR SERVERANCE PRIOR TO TRIAL AMOUNTED TO INEFFECTIVE ASSISTANCE OF COUNSEL, AND THE TRIAL COURT'S FAILURE TO PROVIDE A LIMITING INSTRUCTION, SUA SPONTE , REQUIRES ...

docket:	a5475-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	39600

274 STATE OF NEW JERSEY v. ALI PATTERSON a/k/a ALI A. PATTERSON, ALI-ABDUL PATERSON, IBN ADRIAN, IBN PATTERSON -- rank: 455

... 0053, charging him with second-degree aggravated assault, N.J.S.A. 2C:39-5d (count two); third-degree possession of ... a weapon (an automobile) for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); second-degree aggravated assault while fleeing, N.J.S.A. 2C:39-5d (count five); third-degree possession of ... a weapon (an automobile) for an unlawful purpose, N.J.S.A. 2C:39-4 (count six); second-degree eluding police, N.J.S.A. 2C:29-2b (count seven); fourth-degree knowingly leaving the scene of an accident, N.J.S.A. 2C:12-1.1 (count eight); and fourth- ...

docket:	A0103-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-31
status:	unpublished
citation:
Document Size:	95011

275 STATE OF NEW JERSEY v. WILLIAM A. MARSHALL -- rank: 452

... of his motion to suppress evidence and the trial judge's ruling that an unavailable witness's statement was admissible under N.J.R.E. 803(c)(1). Following the trial court's rulings, defendant pleaded to an open indictment charging him with ... degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7b. The State had previously moved to ... victim. Defendant preserved his right to appeal the trial judge's decisions regarding the motion to suppress and the evidentiary ruling ... COURT ERRED IN DENYING THE SUPPRESSION MOTION BECAUSE THE OFFICER'S WARRANTLESS ENTRY INTO DEFENDANT'S BACKYARD WAS UNCONSTITUTIONAL. II. ...

docket:	a2974-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	32433

276 STATE OF NEW JERSEY v. CURTIS R. BROWN, a/k/a CURTIS SMITH May 11 2015 -- rank: 452

... defendant Curtis R. Brown of second-degree eluding, N.J.S.A. 2C:29-2(b), and he was sentenced to ... violations. Because the State introduced unexpected hearsay testimony of defendant's ownership of the car, we reverse. The trial revealed the ... per hour. Livingston, the driver, turned on the patrol car's emergency lights and sirens, and began to pursue the Marquis ... traffic light, pulled the patrol car up to the driver’s side of the car. The officers were able to observe ... looked at me . . . ." Bird testified that he saw the driver's face clearly. About one-half mile later, the Marquis turned ... had been chasing. Livingston testified that Bird checked the car's vehicle identification number (VIN) and determined that the car ...

docket:	a2476-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	26464

277 STATE OF NEW JERSEY v. BENJAMIN COX -- rank: 447

... of his partiality and reliance on personal knowledge of defendant's trial counsel's good reputation and of defendant's criminal record. We are not persuaded by any of defendant's arguments challenging his conviction. However, as the State acknowledges, this ... degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a (counts three and six); and ...

docket:	A0656-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-02
status:	unpublished
citation:
Document Size:	35160

278 STATE OF NEW JERSEY v. WILLIE SHUMAN, JR -- rank: 444

... Melanie Merritt (Melanie) with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4) (count four); second-degree ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); third-degree ...

docket:	a0859-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-11
status:
citation:
Document Size:	27222

279 STATE OF NEW JERSEY v. JAMES J. HINTON -- rank: 444

... crimes: distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-19, the State was permitted to prove ... sent the defense "the proper notice [required] under N.J.S.A. 2C:35-10 of their intention to use the ... a timely or written objection as required by N.J.S.A. 2C:35-19. The day before he issued the ... ruling, the judge had confirmed with defense counsel the court's understanding that "Mr. Hinton is not contesting that Mr. Ivory ... or Mr. Miller had taken off . . . his person cocaine. He's not disputing that. He's just saying that if they had cocaine, I never ...

docket:	a6531-06
court:	njappellate
decided:	2009-03-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41478

280 STATE OF NEW JERSEY v. RYAN R. DEHART -- rank: 444

... Deputy Public Defender, of counsel and on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Frank J. Ducoat, Deputy ... The opinion of the court was delivered by HAAS, J.S.C. (temporarily assigned). In this appeal, we address the issue ... officer to provide hearsay testimony explaining why he included defendant's photograph in a photo array and for the prosecutor to ... the contentions advanced on appeal, we determine the police officer's testimony should not have been admitted and that the prosecutor's summation improperly bolstered the officer's testimony in violation of defendant's constitutional right of ...

docket:	a4251-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	published
citation:	430 N.J.Super. 108 62 A.3d 327
Document Size:	39126

281 STATE OF NEW JERSEY IN THE INTEREST OF C.K. -- rank: 444

... N.J.R.E. 803(c)(27) and a defendant's right to confrontation as explained in Crawford v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004) and questioning whether, ...

docket:	A0465-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-06
status:	unpublished
citation:
Document Size:	28635

282 STATE OF NEW JERSEY v. REGINALD VENABLE -- rank: 441

... jury and convicted of first degree armed robbery, N.J.S.A. 2C:15-1, second degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, and third degree unlawful possession of handgun without a permit, N.J.S.A. 2C:39-5b. The same jury convicted defendant, in ... convicted of one of the offenses enumerated in N.J.S.A. 2C:39-7. The court sentenced him to an ... arguments: POINT ONE THE TRIAL COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF BECAUSE THE ADMISSION OF HEARSAY ... CONFRONTATION. POINT TWO THE TRIAL COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF BECAUSE DEFENDANT'S RIGHT ...

docket:	a6315-06
court:	superior court appellate division
decided:	2010-05-04
status:	unpublished
citation:
Document Size:	37070

283 STATE OF NEW JERSEY v. IRENE E. KOERNER -- rank: 441

... driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50. 1 As an ancillary, yet material ... part of this appeal, defendant also challenges the trial court's denial of her motion to withdraw her guilty plea under ... 7:10-2. Judge Anthony J. Mellaci, Jr. denied defendant's petition after considering the arguments of counsel, as well as ... developed before the municipal court. Specifically, Judge Mellaci rejected defendant's argument attacking the performance of her attorney in connection with the sufficiency of the State's evidence. Judge Mellaci noted that the arresting officer's account of the events that led to the motor ...

docket:	a4380-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	17464

284 STATE OF NEW JERSEY v. JOHN NOTTE -- rank: 438

... age of thirteen, E.M. and N.T., and defendant's subsequent failure to heed an officer's signal to stop his van. The judge found defendant guilty ... act of fourth-degree lewdness against N.T., N.J.S.A. 2C:14-4b(1); third-degree endangering of N.T.'s welfare, N.J.S.A. 2C:24-4a; second-degree sexual assault of E.M., N.J.S.A. 2C:14-2b; third-degree endangering of E. ...

docket:	a0740-08
court:	superior court appellate division
decided:	2010-10-26
status:	unpublished
citation:
Document Size:	34914

285 STATE OF NEW JERSEY v. ANTHONY DUDLEY -- rank: 435

... defendant Anthony Dudley, and Derrick Williams, allegedly robbed a McDonald's Restaurant in Bayonne. Apparently, defendant had recruited Colon to commit ... While acquitting Williams, a Hudson County jury relied on Colon's incriminating testimony to convict defendant of first-degree armed robbery, N.J.S.A. 2C:43-6 (the Graves Act); N.J.S.A. 2C:44-3 (the Persistent Offender statute). The sentence ... first argues that police testimony "regarding the nickname of [defendant's] brother was inadmissible hearsay, denied defendant his constitutional right to ... jury on "accomplice liability." The third point argues that defendant's sentence was "manifestly excessive and violated his constitutional right ...

docket:	A1020-03
court:	NJ Superior Court Appellate Division
decided:	2007-02-05
status:	unpublished
citation:
Document Size:	33645