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46 /usr/local/share/www/libweb/collections/courts/appellate/a4021-14a4026-14.opn.html -- rank: 804

... Krakora, Public Defender, attorney for appellant Colby T. Richardson (Jack L. Weinberg, Designated Counsel, on the brief). Joseph E. Krakora, Public ... f) (count seven); fourth-degree possession of an illegal ammunition 2 A-4021-14T2 magazine, N.J.S.A. 2C:39 ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count nine). Defendant was acquitted of eluding police (count ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count ten). On appeal, Jeffery argues: POINT I THE ... 5 A-4021-14T2 descriptions and the direction each fled.2 He requested back-up and positioned his vehicle to establish ... they found a .45 caliber handgun, a rifle, a high 2 In his reply brief, Colby argues defendants' description provided ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88864

47 STATE OF NEW JERSEY, v. WILLIAM MANIGO -- rank: 798

... 2C:12-1b(1) and N.J.S.A. 2C:2-6; (2) first-degree armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6; (3) third-degree possession of a weapon (a box ... Release Act (NERA), N.J.S.A. 2C:43-7.2. For third- degree aggravated assault, he was sentenced to a ... in all respects. I. On December 6, 2005, at about 2:00 a.m., the Paterson police received a call advising ... precluded under the Confrontation Clause. A. At the December 21, 2 007 Rule 104 (a) hearing, Judge Marmo considered the ...

docket:	a2592-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-01
status:	unpublished
citation:
Document Size:	102066

48 STATE OF NEW JERSEY v. EUGENE DIX -- rank: 798

... 2C:12-1b(1) and N.J.S.A. 2C:2-6; (2) first-degree armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6; (3) third-degree possession of a weapon (a box ... Release Act (NERA), N.J.S.A. 2C:43-7.2. For third- degree aggravated assault, he was sentenced to a ... in all respects. I. On December 6, 2005, at about 2:00 a.m., the Paterson police received a call advising ... precluded under the Confrontation Clause. A. At the December 21, 2 007 Rule 104 (a) hearing, Judge Marmo considered the ...

docket:	a5034-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-01
status:	unpublished
citation:
Document Size:	96515

49 State v. Daron Josephs -- rank: 798

... that another shooter was involved, namely defendant. (Pp. 24-35) 2. Defendant contends that the trial court erred in the sequential ... Josephs, in violation of N.J.S.A. 2C:5-2 (Counts Six, Seven, Eight, and Nine, respectively); second-degree possession ... denied , 532 U.S. 996 , 121 S. Ct. 1657 , 149 L. Ed.2d 640 (2001); Commonwealth v. Hawkins , 701 A.2d 492 ... Virginia , 443 U.S. 307, 99 S. Ct. 2781 , 61 L. Ed.2d 560 (1979). Under that appellate standard of review, ...

docket:	a-113-99
court:	njsupreme
decided:	2002-07-15
status:
citation:	174 N.J. 44
Document Size:	215536

50 STATE OF NEW JERSEY, v. WILLIAM MANIGO -- rank: 798

... 2C:12-1b(1) and N.J.S.A. 2C:2-6; (2) first-degree armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6; (3) third-degree possession of a weapon (a box ... Release Act (NERA), N.J.S.A. 2C:43-7.2. For third- degree aggravated assault, he was sentenced to a ... in all respects. I. On December 6, 2005, at about 2:00 a.m., the Paterson police received a call advising ... precluded under the Confrontation Clause. A. At the December 21, 2 007 Rule 104 (a) hearing, Judge Marmo considered the ...

docket:	a4537-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-01
status:	unpublished
citation:
Document Size:	96520

51 Puglia v. Elk Pipeline, Inc., et al. -- rank: 793

... retaliation for such complaints, invokes preemption concerns. (pp. 15-18) 2. The United States Supreme Court’s decision in Lingle v ... at 437 N.J. Super. 466 (App. Div. 2014). Deborah L. Mains argued the cause for appellant ( Costello & Mains , attorneys). Douglas ... U.S. 448, 456, 77 S. Ct. 912, 918, 1 L. Ed. 2d 972, 980 (1957). Further, that federal common law prevails ... U.S. 95, 103, 82 S. Ct. 571, 577, 7 L. Ed. 2d 593, 599 (1962). 3 Under Section 301 preemption, ...

docket:	a-38-14
court:	New Jersey Supreme Court
decided:	2016-08-16
status:
citation:
Document Size:	170392

52 MURRAY V. LAWSON -- rank: 793

... of communication even within the protected zone. (pp. 17-22) 2.    Another factor in determining if a restriction imposes a prior ... for appellants. Pamela Mandel argued the cause for respondents. Frank L. Corrado argued the cause for amicus curiae American Civil Liberties ... Center, Inc. , 512 U.S. ___, 114 S. Ct. 2516 , 129 L. Ed.2d 593 (1994), which held impermissible under a stricter constitutional ... light of Madsen ." ___ U.S. ___, ___, 115 S. Ct. 44 , 44, ___ L. Ed.2d ___, ___ (1994). Having revisited our earlier decision, we are ...

docket:	a-42-93
court:	njsupreme
decided:	1994-04-06
status:
citation:	138 N.J. 206
Document Size:	85201

53 State v. Leslie Ann Nelson -- rank: 791

... does not find the jury instructions erroneous. (Pp. 20-31) 2. The need for clear verdict sheet directions in capital cases ... appeal from the Superior Court, Law Division, Camden County. Jay L. Wilensky and Lon C. Taylor , Assistant Deputy Public Defenders, argued ... A municipal court judge granted Detective Norcross' request. At approximately 2:00 p.m. that afternoon, Detective Norcross, Investigator McLaughlin, and ... to be taken to jail. The shooting finally ended around 2:30 p.m. After extended negotiations with police, defendant surrendered ... U.S. 83 , 87, 83 S. Ct. 1194 , 1197, 10 L. Ed.2d 215 , 218 (1963) (holding that prosecution may not ...

docket:	a-29-01
court:
decided:	2002-07-30
status:
citation:	173 N.J. 417 803 A.2d 1
Document Size:	364949

54 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 791

... plastic bag containing vials of cocaine hidden in a drainpipe. 2 Defendant called Garcia as a witness. His testimony was largely ... that defendant's essential argument was that police had "plant[ed]" the evidence, and the officer's testimony, although unexpected, was ... confrontation. Both arguments lack sufficient merit to warrant discussion. R. 2:11-3(e)(2). We add only the following. It suffices to say that ... of a fair trial.'" State v. Smith , 167 N.J. 158 , 181 (2001) (quoting State v. Frost , 158 N.J. 76 , 83 (1999)). To warrant reversal, "the ...

docket:	a2097-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:	442 N.J.Super. 224 121 A.3d 921
Document Size:	92206

55 State v. John Chew -- rank: 785

... killing that merely results in pecuniary gain. (pp.14-24). 2. Defendant initiated the evening discussion with police after invoking his ... Assistant Deputy Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Bennett A. Barlyn , Deputy Attorney General ... II ), cert. denied , __ U.S. __, 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996), the contract killer, and State v. Marshall ... 1984: Abandoning the Pursuit of Fairness and Consistency , 69 Cornell L. Rev. 1129, 1227 (1984). When, in 1982, the New Jersey ... for pecuniary gain to apply:         (1) to the hired gun, (2) to the hirers of the gun, and (3) to ...

docket:	a-77-96
court:	njsupreme
decided:	1997-06-26
status:
citation:	150 N.J. 30
Document Size:	180074

56 State v. Robert W. Morton -- rank: 780

... taped confessions and neither confession was exculpatory. (pp. 19-25) 2. Four witnesses produced by the State identified defendant's voice ... knowing murder by his own conduct and related offenses. R. 2:2-1(a)(3). The capital conviction arose from the robbery ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). After answering questions regarding his unregistered car ... into the station building and took some cartons of cigarettes. 2.     Defendant's Second Statement     After reviewing his first statement, ...

docket:	a-18-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	155 N.J. 383
Document Size:	232674

57 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 780

... Krakora, Public Defender, attorney for appellant Colby T. Richardson (Jack L. Weinberg, Designated Counsel, on the brief). Joseph E. Krakora, Public ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count nine). Defendant was acquitted of eluding police (count ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count ten). On appeal, Jeffery argues: POINT I THE ... suspects, and provided their descriptions and the direction each fled. 2 He requested back-up and positioned his vehicle to establish ... or changed the burden of proof. We find no error. 2. Each defendant (Colby in POINT V and Jeffery in POINTS ... 99 (App. Div. 2016) (discussing minimum standards required by Rule 2:9-9). We have read the transcript sections cited. ...

docket:	a4021-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	101230

58 STATE OF NEW JERSEY V. STANLEY LEE TUCKER -- rank: 777

... Warner's body to the creek in Hopewell.     On December 2, 1987, Tucker was again given his Miranda rights. He was ... Tucker testified. To some extent, his testimony reflected his December 2, 1987, statement. He claimed that he did not intend to ... impact on the voluntariness of his statements. (pp. 9-16) 2. In Michigan v. Jackson , the United States Supreme Court held ... appearance on November 30, 1987. The admissibility of his December 2, 1987, confession is not barred by Michigan v. Jackson . (pp ... Deputy Public Defender II, argued the cause for appellant ( Susan L. Reisner , Acting Public Defender, attorney). Larry R. Etzweiler , Deputy Attorney ... the product of an illegal detention and that his December 2, 1987, confession to the homicide, admitted in evidence as ...

docket:	a-94-93
court:	njsupreme
decided:	1994-08-08
status:
citation:	135 N.J. 468
Document Size:	106253

59 STATE OF NEW JERSEY v. DAVID BASS -- rank: 777

... N.J.S.A. 2C:11-3a(1) and/or (2) (count one); unlawful possession of a handgun, N.J.S ... Cruiser, and she and Bradley left the motel at about 2:00 a.m. Johnson claimed that she was worried that ... involved than he was admitting, defendant was read his Miranda 2 rights, and after waiving them, gave two videotaped statements, which ... STATEMENTS TO POLICE ON MIRANDA AND FIFTH AMENDMENT GROUNDS. POINT 2 THE SELF-DEFENSE CHARGE WAS DEFICIENT AND PREJUDICED DEFENDANT. POINT ... J. CONST. 1947, ART. I, PARAS., 1, 10. SUPPLEMENTAL POINT 2 THE PROSECUTOR'S SUMMATION AND COURT'S FAILURE TO PROVIDE ... his statements to Officer Kelesidis by the Coca-Cola plant, (2) his statements to Officer Blaydes after he was driven ...

docket:	a5633-09
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	131883

60 State of New Jersey v. Violet Brown -- rank: 777

... have led to his or her arrest. (Pp. 7-13) 2. The Court rejects Brown's assertion that the informant's ... entitled to a severed trial based on Rule 3:15-2. The trial court ruled against defendant on both issues and ... Hamilton Avenue.” In addition, the informant reported that “the two (2) women have started selling Crack Cocaine and powder Cocaine from ... to facts that would affect them unfavorably.” State v. White , 158 N.J. 230 , 238 (1999). Thus, “statements that so disserve ... U.S. 594 , 601, 114 S. Ct. 2431 , 2436, 129 L. Ed.2d 476 , (1994). Further, the statement must have been ...

docket:	a-23-00
court:	njsupreme
decided:	2001-12-03
status:
citation:	170 N.J. 138
Document Size:	130821