Search Rutgers Law Library N.J. Court Opinions

1036 STATE OF NEW JERSEY v. MICHAEL CARRERO -- rank: 513

... 79, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The municipal judge in Stafford Township denied ... 499-500 (Law Div. 1989) (citing former Evid. R. 1(2), now codified as N.J.R.E. 401), the trial ... 498 U.S. 967 , 111 S. Ct. 429 , 430, 112 L. Ed.2d 413 (1990)). Therefore, an accused's right to ...

docket:	a3232-11
court:	New Jersey Superior Court Appellate Division
decided:	2012-10-23
status:	Published
citation:	428 N.J.Super. 495 54 A.3d 318
Document Size:	56134

1037 State v. Kevin Jerome Hudson -- rank: 513

... sentence of the ordinary-term sentencing range. (pp. 15-17) 2. N.J.S.A. 2C:44-5 guides sentencing in ... sentencing proceeding. It states that there shall be imposed “(2) not more than one sentence for an extended term” when ... forth in N.J.S.A. 2C:44-5(a)(2) applies to a defendant who is being sentenced for an ... 2012 On certification to the Superior Court, Appellate Division. Robert L. Sloan , Designated Counsel, argued the cause for appellant ( Joseph E ... Previously, in State v. Papasavvas 1 and State v. Pennington , 2 we addressed N.J.S.A. 2C:44-5(a ... bar in N.J.S.A. 2C:44-5(a)(2) that we addressed in Papasavvas , supra , 163 N.J. ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

1038 STATE OF NEW JERSEY v. EDWARD J. ROMAN, SR -- rank: 513

... to (1) suppress defendant's statement given at the hospital; (2) suppress defendant's September 26th statement given at the prosecutor ... 9) are without sufficient merit to warrant further discussion. R. 2:11-3(e)(2). Consequently, in this opinion, we discuss only defendant's argument ... with the prosecutor's alleged misconduct, and defendant's argument (2), claiming that the trial court erred, under Miranda v. Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), when it denied defendant's motion ...

docket:	a4380-02
court:	NJ Superior Court Appellate Division
decided:	2005-12-23
status:
citation:	382 N.J.Super. 44 887 A.2d 715
Document Size:	82256

1039 STATE OF NEW JERSEY v. JOHN E. THOMPSON -- rank: 513

... the jury was in place, available to continue, and "anticipat[ed] concluding the case during the course of [one] week." Considering ... den. 374 U.S. 852 , 83 S. Ct. 1920, 10 L. Ed.2d 1073 (1963). The trial court's decision not to ... den. , 409 U.S. 862 , 93 S. Ct. 151 , 34 L. Ed.2d 511 (1972). Defendant presents no evidence of juror bias ... S. 81 , 85-86, 108 S. Ct. 2273 , 2277, 101 L. Ed.2d 80 , 88 (1988); State v. DiFrisco , 137 ...

docket:	a6251-04
court:	njappellate
decided:	2007-05-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60362

1040 STATE OF NEW JERSEY v. MARCUS ST. CLAIRE WHITE -- rank: 513

... 1); first-degree carjacking, N.J.S.A. 2C:15-2(a)(4); three counts of first-degree felony murder, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the felony murder conviction; a consecutive thirty-year term ... MURDER CRIMES OF WHICH DEFENDANT WAS FOUND GUILTY BELOW. POINT 2 THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ... HIS RIGHT TO A FAIR TRIAL. Lastly, pursuant to Rule 2:6-11(d), White filed a letter in which he ... extent necessary to address defendants' legal arguments. 1 On September 2, 2009, police discovered the lifeless body of Lyudmilla Bershteyn in ... and was last seen earlier in the morning of September 2 after inspecting an apartment in Philadelphia. At the time, ...

docket:	a5598-12
court:	NJ Superior Court Appellate Division
decided:	2017-07-26
status:	unpublished
citation:
Document Size:	68273

1041 STATE OF NEW JERSEY v. T.J.M. -- rank: 510

... Law Division, Bergen County, Indictment No. 08-02-0222. Alan L. Zegas argued the cause for appellant (Law Offices of Alan L. Zegas and Flood & Basile, attorneys; Mr. Zegas and Terel L. Klein, on the briefs). David A. Malfitano, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Mr. Malfitano and David V ... second-degree sexual assault, N.J.S.A. 2C:14-2(b) (first, second and fifth counts); one count of first ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (third count); and two counts of second- ...

docket:	a2040-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	91947

1042 STATE OF NEW JERSEY v. WYCLIFFE A. EDOO -- rank: 510

... of criminal coercion, N.J.S.A. 2C:13-5a(2); two third-degree counts of hindering apprehension, N.J.S ... degree criminal coercion, N.J.S.A. 2C:13-5a(2); third-degree hindering apprehension, N.J.S.A. 2C:29 ... from each indictment. N.J.S.A. 2C:13-5a(2). As part of his plea colloquy, defendant acknowledged that his ... J. 451, 459 (1992) (citation omitted). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984) . . . ." Preciose , supra , 129 N.J. ...

docket:	a5172-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-07
status:	unpublished
citation:
Document Size:	31177

1043 State v. Michelle Lodzinski -- rank: 510

... judgment of acquittal notwithstanding the verdict under Rule 3:18-2 because the evidence presented was insufficient to support the jury� ... the other half of the pair of sneakers purchased by 2 defendant for Timmy. Later that day, an investigator found the ... judgment of acquittal notwithstanding the verdict under Rule 3:18-2, and the Court considers defendant’s evidence in reviewing the ... review of the sufficiency of the evidence. (pp. 28-32) 2. There was no abuse of discretion in the trial court� ... unable to continue his jury service under Rule 1:8-2(d)(1) for a reason personal to him, and the ... body in or near the creek at the Raritan Center; (2) defendant was present when her son’s body was ...

docket:	a-50-19
court:	NJ Supreme Court
decided:	2021-05-26
status:
citation:
Document Size:	166357

1044 STATE OF NEW JERSEY v. ANTOINE F. WALKER -- rank: 510

... call, three Township police officers were dispatched to arrest Walker. 2 Officer Walter Stinner was familiar with Walker and knew the ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count five). Walker returned to New Jersey from Georgia ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). With respect to appellate review of a ... Singleton , 211 N.J. 157 , 182-83 (2012) (quoting R. 2:10-2); State v. Reeds , 197 N.J. 280 , 298 (2009). " ...

docket:	a3026-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	82015

1045 STATE OF NEW JERSEY v. PHILLIP PARSONS, -- rank: 510

... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L.Ed.2d 215 (1963), the United States Supreme Court held that ... State]." Id. at 87, 83 S. Ct. 1196 -97, 10 L.Ed. 2d at 218. This rule was later expanded, and now ... Bagley , 473 U.S. 667 , 105 S. Ct. 3375 , 87 L.Ed.2d 481 (1984), overruling United States v. Agurs , 427 ...

docket:	a3292-99
court:	njappellate
decided:	2001-06-26
status:	published
citation:	341 N.J. Super. 448
Document Size:	26216

1046 State v. Marc A. Olivero -- rank: 510

... offense of burglary under N.J.S.A. 2C:18-2. Defendant was arrested at a locked, fenced-in parking lot ... third-degree burglary under N.J.S.A. 2C:18-2, and disorderly persons possession of a burglary tool under N ... within the meaning of N.J.S.A. 2C:18-2 when the lot is secured from the public and is ... within the burglary statute, N.J.S.A. 2C:18-2, is an issue of statutory construction and therefore an interpretation ... containing the statute to determine legislative intent. (pp. 7-9) 2. The burglary statute, N.J.S.A. 2C:18-2, is a penal statute which must therefore be strictly ...

docket:	A-83-13
court:	NJ Supreme Court
decided:	2015-06-28
status:
citation:	221 N.J. 632 115 A.3d 1270
Document Size:	42006

1047 STATE OF NEW JERSEY v. ADAM REED -- rank: 510

... to distribute, N.J.S.A. 2C:35-5(b)(2) (Count Two); third-degree possession of a CDS with intent ... degree resisting arrest/eluding, N.J.S.A. 2C:29-2(b) (Count Five); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (Count Six); first-degree attempted murder, N.J.S.A ... deadly weapon, N.J.S.A. 2C:12-1(b)(2) (Count Nine); fourth-degree aggravated assault by pointing, N.J ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3) (Count Eleven); fourth-degree possession of hollow ...

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

1048 WILLIAM J. CUNNINGHAM v. FINANCIAL MODELING CONCEPTS, INC. -- rank: 510

... 18, 2006 - Decided October 20, 2006 Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, L-5238-99. Bruce J. Meltzer argued the cause for appellant ... Brown also appeals orders (1) dismissing his counterclaim against plaintiff, (2) dismissing his third-party complaint against Cherokee Solutions, Inc. and ... standing to collect attorney's fees generated on their behalf, (2) it was improper to assess attorney's fees for services ... noted that by signing the agreement, Brown accepted Paragraph 3.2 in which Cunningham represented and warranted that he did not ... U.S. 242 , 249, 106 S. Ct. 2505 , 2511, 91 L. Ed.2d 202 , 212 (1986)). That the trier of ...

docket:	a3714-04
court:	njappellate
decided:	2006-10-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	83193

1049 STATE OF NEW JERSEY v. ERIC MITCHELL -- rank: 510

... error was "clearly capable of producing an unjust result." R. 2:10-2. Proper jury instructions "are essential to a fair trial." State ... N.J. Super. 325 , 333 (App. Div. 1998), aff'd , 158 N.J. 149 (1999). In assessing the propriety of the ... or dispensing a [CDS] . . . ." N.J.S.A. 2C:35-2. "Deliver" is defined in the same statute as meaning "the ... another of a [CDS] . . . ." N.J.S.A. 2C:35-2. Because the instruction was in accordance with the elements as ... now must rise to the level of plain error. R. 2:10-2. "It is well-established that prosecuting attorneys, ...

docket:	a5819-05
court:	njappellate
decided:	2007-08-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	67005

1050 STATE OF NEW JERSEY v. ANTHONY WILLIAMS -- rank: 510

... commit theft by deception, N.J.S.A. 2C:5-2, N.J.S.A. 2C:20-4 (count one), and ... S.A. 2C:20-4, N.J.S.A. 2C:2-6 (count two). 1 At a pretrial conference on December ... and defendant's potential exposure to an extended term sentence. 2 Counsel informed the court that defendant rejected the State's ... offer. The court scheduled the case for trial. On June 2, 2011, the court conducted a second final pretrial conference as ... Harris , 181 N.J. 391 , 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). The de novo standard of ...

docket:	a2812-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-03
status:	unpublished
citation:
Document Size:	35230