Search Rutgers Law Library N.J. Court Opinions

106 State v. Leslie Nelson -- rank: 727

... the aggravating factors outweighed the mitigating ones. (pp. 10-16) 2. The trial court's explanation to the jury that the ... with defendant would make the search go smoothly.     At about 2:00 p.m. that same day, six officers, including McLaughlin ... risk of death to Detective Norcross (the "grave risk" factor); 2) each murder was committed for the purpose of escaping detection ... to constitute a defense to prosecution" (the "emotional disturbance" factor); 2) her "capacity to appreciate the wrongfulness of her conduct or ... U.S. 83, 87, 83 S. Ct. 1194 , 1197, 10 L. Ed.2d 215 , 218 (1963). There are three elements of ...

docket:	a-151-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	155 N.J. 487
Document Size:	133974

107 /usr/local/share/www/libweb/collections/courts/appellate/a2097-12redacted.opn.html -- rank: 727

... plastic bag containing vials of cocaine hidden in a drainpipe. 2 Defendant called Garcia as a witness. His testimony was largely ... do not meet the criteria set by R. 1:36-2(d) for publication. The published parts of the opinion continue ... of Controlled Substances Within Specified Distance of Schools , 27 A.L.R. 5th 593 (1995); Jay M. Zitter, Annotation, Validity, Construction ... of Controlled Substances Within Specified Distance of Playgrounds , 23 A.L.R. 6th 679 (2007); see also William G. Phelps, Validity ... 1,000 feet of school, college, or university , 108 A.L.R. Fed. 783 (2008) (discussing enhanced penalties under federal law ... 541 U.S. 36 , 68, 124 S. Ct. 1354 , 1364, 158 L. Ed.2d 177 , 192 (2004), and Melendez-Diaz ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	71848

108 South Jersey Catholic School Teachers Organization v. St. Teresa of the Infant Church Elementary School -- rank: 727

... I, Paragraph 19 of the State Constitution. (pp. 5-7) 2. The standard for conducting an Establishment Clause analysis is based ... test: 1) the statute must have a secular legislative purpose; 2) its principal or primary effect must be one that neither ... Bishop , 440 U.S. 490 , 99 S. Ct. 1313 , 59 L. Ed.2d 533 (1979), deprived the state courts of subject matter ... at 504-07, 99 S. Ct. at 1320-22, 59 L. Ed. 2d at 543-45, defendants nonetheless maintain that the ...

docket:	a-120-96
court:	njsupreme
decided:	1997-07-24
status:
citation:	146 N.J. 567
Document Size:	85420

109 STATE OF NEW JERSEY v. M.C -- rank: 727

... aggravated sexual assault under N.J.S.A. 2C:14-2(a)(7) and remand for resentencing on those charges. I ... E.W. was charged in an indictment with first-degree 2 A-1137-15T1 kidnapping, N.J.S.A. 2C:13 ... physical force or coercion, N.J.S.A. 2C:14-2(a)(5), first-degree sexual assault upon a victim E ... known, was mentally defective, N.J.S.A. 2C:14-2(a)(7), second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and third-degree witness tampering, N.J.S ... physical force or coercion, N.J.S.A. 2C:14-2(a)(5), first-degree sexual assault upon a victim ...

docket:	a1137-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
status:
citation:
Document Size:	100665

110 STATE OF NEW JERSEY IN THE INTEREST OF A.R., a minor -- rank: 724

... v. Washington , 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004), and its progeny. Appellant contends that he ... S. 813 , 822, 126 S. Ct. 2266 , 2273-74, 165 L. Ed.2d 224 , 237 (2006). Here, the circumstances reflect that the ... second-degree sexual assault, N.J.S.A. 2C:14-2(b). The State moved to admit J.C.'s ...

docket:	a2238-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	published
citation:	447 N.J.Super. 485 149 A.3d 297
Document Size:	121747

111 THOMAS B. DUFFY v. THE HON. VALERIE H. ARMSTRONG A.J.S.C. -- rank: 724

... dismissed all of his claims pursuant to Rule 4:6-2(e) and closed his case without granting him leave to ... as pro bono counsel in the Margate Municipal Court and (2) when he sought to have his resume included in the ... to be relieved as counsel pursuant to Rule 1:11-2 and Rule 7:7-2(a), Duffy wrote a letter to defendant Assignment Judge Valerie H. Armstrong on April 2, 2004, complaining about his pro bono assignment and about the ... no longer C.G.'s attorney. See R. 7:3-2(b). C. On August 25, 2005, due to the ...

docket:	a1285-07
court:	superior court appellate division
decided:	2010-01-13
status:	unpublished
citation:
Document Size:	151284

112 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 716

... first degree.         b. The provisions of N.J.S. 2C:2-3 (governing the causal relationship between conduct and result) shall ... but for which the death would not have occurred; and         (2) The death was not:         (a) too remote in its occurrence ... on our decision in State v. Martin , 119 N.J. 2 (1990), in which we imported a remoteness factor into felony ... U.S. 514, 545, 88 S. Ct. 2145 , 2160, 20 L. Ed.2d 1254 , 1274 (1968) (Black, J., concurring). As our Court ... does not universally apply." Halsted v. State , 41 N.J.L. 552 , 589 (E. & A. 1879). Although the justifications may ...

docket:	a-25-92
court:	njsupreme
decided:	1994-08-01
status:
citation:	137 N.J. 536
Document Size:	105572

113 KAM-TECH SYSTEMS LIMITED et al. v. RAFAEL YARDENI, a/k/a RAFAEL YARDENY, a/k/a RAFI YARDENY, a/k/a RAFI YARDENI -- rank: 716

... Superior Court of New Jersey, Law Division, Hudson County, HUD-L- 3395-98.         Oury & Mizdol, attorneys for appellant (Robert E. Laux ... U.S. 113 , 164, 16 S.Ct. 139 , 143, 40 L. Ed. 95 , 108 (1895). The Supreme Court in Hilton set forth ... S. at 163-64, 16 S.Ct. at 143, 40         L. Ed. at 108] The Supreme Court concluded         [W]e are satisfied ... in fact.         [ Id. at 202-03, 16 S.Ct. at 158, 40 L. Ed. at 112] See also , Mercandino v. ...

docket:	A3106-99
court:	NJ Superior Court Appellate Division
decided:	2001-05-24
status:	published
citation:	340 N.J. Super. 414
Document Size:	44970

114 State of New Jersey v. Ahmad Daniels a/k/a/ Ahmad Daniel -- rank: 714

... on a defendant’s opportunity to tailor. (Pp. 7-13) 2. The Appellate Division and other state courts have wrestled with ... is reported at 364 N.J. Super. 357 (2003) Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant then appealed to the Appellate Division, which affirmed the ... Agard , 529 U.S. 61 , 120 S. Ct. 1119 , 146 L. Ed. 2 d 47 (2000). In the following discussion, although we ...

docket:	a-62-03
court:	njsupreme
decided:	2004-12-14
status:
citation:	182 N.J. 80
Document Size:	66097

115 State v. Marie Hess -- rank: 711

... not have been raised on direct appeal. (pp. 25-27) 2. A defendant must satisfy the two-pronged test enunciated in ... as the “counsel” guaranteed by the Sixth Amendment ; and (2) that there is a reasonable probability that, but for counselâ ... N.J.S.A. 2C:11-3(a)(1) and (2). Defense Investigation Defendant’s attorney retained a private investigator, Richard ... out hanging clothes on a line, because Jimmy “check[ed] on her all the time.” Fanelle believed that defendant ... dismiss the murder charge, thus “reducing by 4 1/2 years the mandatory minimum for murder, i.e. thirty years ... victim,” N.J.S.A. 2C:44-1(a)(2), because “Mr. Hess was asleep and . . . just didn’ ...

docket:	a-113-09
court:	superior court trial
decided:	2011-07-21
status:
citation:
Document Size:	204130

116 L.M. V. DEPARTMENT OF HUMAN SERVICES -- rank: 711

... brevity, portions of any opinion may not have been summarized). L.M. V. STATE OF NEW JERSEY, DIVISION OF MEDICAL ASSISTANCE ... STEIN, J., writing for a unanimous Court.     In February 1992, L.M., a seventy-five-year-old man, suffered a debilitating ... He currently resides in a nursing home. In March 1992, L.M. applied for Medicaid benefits to pay for his nursing ... care. The Middlesex County Board of Social Services (Board) denied L.M.'s application in April 1992 because L.M.'s monthly income exceeded the eligibility limit or "income cap" of $1,266. According to the Board, L.M.'s monthly income totalled $1441,17. He received $ ...

docket:	a-84-94
court:	njsupreme
decided:	1995-06-07
status:
citation:	134 N.J. 304
Document Size:	68507

117 SILVERMAN V. BERKSON -- rank: 711

... BERKSON (A-97-94)      Argued March 13, 1995 -- Decided August 2, 1995     O'HERN, J., writing for a unanimous Court.     This ... State, security transactions involving New Jersey residents. (pp. 5-8) 2. Under International Shoe v. Washington , a state court's assertion ... that inconsistent enforcement actions would impose on the person subpoenaed; 2) the extent to which the required conduct is to take ... GARY BERKSON,     Defendant-Respondent.         Argued March 13, 1995 -- Decided August 2, 1995 On certification to the Superior Court, Appellate Division, whose ... conduct expressly aimed at the New Jersey securities market; and (2) a New Jersey court may, consistent with due process principles ... it is conducting an investigation into the trading practices of L. C. Wegard & Co., Inc., and Hibbard Brown & Co., Inc., ...

docket:	a-97-94
court:	njsupreme
decided:	1995-08-02
status:
citation:	141 N.J. 412
Document Size:	58963

118 STATE OF NEW JERSEY v. RANDY JACKSON -- rank: 706

... murder, N.J.S.A. 2C:11-3a(1) and (2), third-degree unlawful possession of a handgun, N.J.S ... ARTICLE 1 PAR. 10 OF THE NEW JERSEY CONSTITUTION. POINT (2) STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT THE ... OF CONVICTION. N.J.S.A. 2C:11-3a(1,2). We affirm. I. The record contains evidence that, during the ... club in Orange, New Jersey. When the club closed at 2:00 a.m. on December 2, 2006, the six individuals got into two cars. The first ... was repeatedly interrogated, with interrogations by Detective Smith commencing at 2:30 a.m., he was deprived of sleep, he ...

docket:	a2379-08
court:	superior court trial
decided:	2011-03-01
status:	unpublished
citation:
Document Size:	75766

119 State v. Carmelo Herrera -- rank: 706

... may not have been summarized). State v. Carmelo Herrera (A-2-2005) Argued January 31, 2006 -- Decided June 20, 2006 WALLACE ... impermissibly suggestive and resulted in a substantial likelihood of misidentification. 2 Shortly after 12 :00 a.m. on February 26, 2002 ... a new standard under the state constitution. (pp. 5-14) 2. A one-on-one showup is inherently suggestive because, by ... which JUSTICE LONG joins. SUPREME COURT OF NEW JERSEY A- 2 September Term 2005 STATE OF NEW JERSEY, Plaintiff-Respondent, v ... for first-degree carjacking, N.J.S.A. 2C:15-2, and third-degree receiving stolen property, N.J.S.A ... Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967). At trial, the jury found ...

docket:	a-2-05
court:
decided:	2006-06-20
status:
citation:	*CITE_PENDING*
Document Size:	100703

120 ACCUZIP, INC. v. DIRECTOR -- rank: 706

... DIRECTOR, DIVISION OF TAXATION, : : Defendant. : Decided: August 13, 2009 John L. Berger and Thomas S. Dolan argued for plaintiff (Lowenstein Sandler ... not exceed the number of Licenses. The agreement further states: 2. COPYRIGHT. This SOFTWARE is owned by AccuZIP, Inc., or its ... New Jersey who generated $64,744 in sales (i.e. 2% of the company’s total gross income). In 2002 AccuZIP ... includes all notices and markings in or on the original. 2. RESTRICTIONS: An installed copy of the SOFTWARE may not be ... or order as a matter of law. [ R. 4:46-2(c).] The moving party sustains the burden to show no ... be denied ( see discussion under sub-category heading d. P.L. 86-272 infra ), the court finds that there is ...

docket:	05744-03
court:
decided:	2009-08-13
status:
citation:
Document Size:	97831