Search Rutgers Law Library N.J. Court Opinions

1846 State v. Michael Taffaro -- rank: 444

... the trial court’s questioning of defendant was improper; and (2) whether the prosecutor violated defendant’s right to remain silent ... on whether the jury believes the defendant. (pp. 9-11) 2. The outcome of this trial depended largely on whether the ... A. Foddai , Assistant Prosecutor, argued the cause for respondent ( John L. Molinelli , Bergen County Prosecutor, attorney). CHIEF JUSTICE RABNER delivered the ... in tone, and non-demeaning. Although the exchange “diminish[ed] the weight of defendant’s testimony,” the panel concluded ... the trial court’s questioning of defendant was improper; and (2) whether the prosecutor violated defendant’s right to remain silent ... ” Guido , supra , 40 N.J. at 208-09 n.2. Questions of that sort may express incredulity and prejudice ...

docket:	a-8-07
court:
decided:	2008-07-01
status:
citation:	195 N.J. 442
Document Size:	61111

1847 STATE OF NEW JERSEY v. ALEEM MALLARD -- rank: 444

... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a), and acquitted of first-degree robbery, N.J.S ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). However, we make the following brief comments. There was no ... denied , 364 U.S. 943 , 81 S. Ct. 464 , 5 L. Ed.2d 374 (1961). There was no evidence that a witness ... U.S. 431 , 444, 104 S. Ct. 2501 , 2509, 81 L. Ed.2d 377 , 387 (1984). "If the State can ...

docket:	a4703-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	33713

1848 STATE OF NEW JERSEY v. KALEE COLEMAN a/k/a KHALEE COLEMAN -- rank: 444

... KHALEE COLEMAN MUHAMMAD, Defendant-Appellant. ____________________________ July 14, 2010 Argued March 2, 2010 - Decided Before Judges Fuentes, Gilroy and Simonelli. On appeal ... decision that denied his petition for post-conviction relief (PCR). 2 We affirm in part, reverse in part, and remand for ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a three-year term of parole supervision upon ... by failing to offer a plea bargain. Counsel further argued: 2) defendant was denied effective assistance of appellate counsel because the ... Jersey , 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000). On December 18, 2008, the trial ...

docket:	a3049-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-14
status:	unpublished
citation:
Document Size:	30203

1849 STATE OF NEW JERSEY v. INEZ OSORIO -- rank: 444

... degree carjacking, contrary to N.J.S.A. 2C:15-2; Count II, second-degree attempted kidnapping, contrary to N.J ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). The first prong requires a "showing ... reasonableness." Id. at 688, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Under the second prong, a defendant must ... outcome. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. To prove this element, a ...

docket:	a4615-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-30
status:	unpublished
citation:
Document Size:	25728

1850 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 444

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7) (count two) for which he was sentenced to ... Release Act (NERA), N.J.S.A. 2C:43-7.2; convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(5) (count one) and second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count four) were merged into count two.1 ... commit aggravated sexual assault, N.J.S.A. 2C:5-2; N.J.S.A. 14-2(a)(5), was dismissed at the State's request. ...

docket:	a2683-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	70493

1851 Samuel Mejia v. Quest Diagnostics, Inc. -- rank: 444

... third-party defendant, N.J.S.A. 2A:15-5.2(a)(2). In that instance, the third-party plaintiff is entitled to ... party defendant’s share in the judgment. (pp. 13-17) 2. Pursuant to the Quest defendants’ third-party complaint claim for ... affidavit-of-merit requirements. Significantly, the appellate court “express[ed] no opinion as to whether a defendant who seeks to ... a]ffidavit of [m]erit.” Id. at 305 n.2 (emphasis added). The Court notes that the Appellate Division held in another case that 2 no affidavit of merit is required when “a ...

docket:	a-88-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	45320

1852 /usr/local/share/www/libweb/collections/courts/supreme/a2213-13.opn.html -- rank: 444

... to distribute, N.J.S.A. 2C:35-5(b)(2); doing so in a school zone, a third-degree offense ... To Suppress despite the Petitioner requesting that he do so. 2. The Petitioner's attorney should have filed a Motion for ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984)�(defendant must establish (1) that ... was not functioning as guaranteed by the Sixth Amendment and (2) that defendant was prejudiced such that there existed a reasonable ... Wingo , 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972). In particular, he noted that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34395

1853 STATE OF NEW JERSEY v. ROICEE THOMAS -- rank: 444

... for appellant (William Welaj, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (William P ... his petition for post-conviction relief (PCR) entered on November 2, 2006, in the Superior Court, Law Division. Having carefully reviewed ... degree armed robbery, N.J.S.A. 2C:43-7.2. At the plea hearing, defendant acknowledged his understanding of the ... April 2003, and the matter was considered, pursuant to Rule 2:9-11, on the Excessive Sentence Oral Argument (ESOA) calendar ... THE ATTORNEY-CLIENT RELATIONSHIP TO THE DETRIMENT OF THE DEFENDANT. 2. TRIAL COUNSEL FAILED TO EVEN REMOTELY ATTEMPT TO DEMONSTRATE THE ... IN 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). First, defendant must show "that ...

docket:	a5528-06
court:	njappellate
decided:	2009-03-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44201

1854 STATE OF NEW JERSEY v. TROY SWINT -- rank: 444

... excited utterance pursuant to N.J.R.E. 803(c)(2). She then testified, without objection, that the victim said "Rajhon ... the testimony pursuant to� N.J.R.E. 803(c)(2). The judge directed the prosecutor to lay the appropriate foundation ... Washington , 466 U.S. 668 , 104 S. Ct. 2052, 80 L. Ed.2d 674 (1984), which was later adopted by the New ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). The necessity of an evidentiary hearing ...

docket:	a5545-05
court:	njappellate
decided:	2008-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	57083

1855 STATE OF NEW JERSEY v. FABRICIO DELGADO -- rank: 444

... of decision denying defendant's application under Sections 212(a)(2)(A)(i)(II) and 212(h) of the Immigration and ... are inadmissible to the United States under section 212(a)(2)(A)(i)(II) of the INA. Section 212(h) provides ... Washington , 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). Specifically, the court determined that the plea ... Rule 3:22-12(a) pursuant to Rule 1:1-2 when necessary to remedy an "injustice" if the five-year ... J. 565 , 576-80 (1992). In applying Rule 1:1-2, the court must determine whether there are exceptional circumstances ...

docket:	a3276-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-18
status:
citation:
Document Size:	34419

1856 STATE OF NEW JERSEY v. DANNY J. PIRES -- rank: 444

... with a deadly weapon, N.J.S.A. 2C:18-2; third-degree aggravated assault, N.J.S.A. 2C:12-1b(2); third-degree aggravated assault, N.J.S.A. 2C:12b ... were not raised during defendant's trial. 1 See R. 2:10-2. Under that standard, a conviction will be reversed only if ... denied , 528 U.S. 1052 , 120 S. Ct. 593 , 145 L. Ed.2d 493 (1999), overruled in part on other grounds ...

docket:	a3812-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-30
status:	unpublished
citation:
Document Size:	31581

1857 STATE OF NEW JERSEY v. ZHOU-SONG NI -- rank: 444

... 93. Stacey Van Malden (Goldberger & Dubin) attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... charges: second-degree burglary, N.J.S.A. 2C:18-2 (count one); first-degree robbery, N.J.S.A. 2C ... on May 11, 2005. On May 17, 1993, at approximately 2:00 a.m., Patrolman Careccio, who had been a police ... point in time? A. Well, at this point it was 2 to 1, I was out-numbered and I was awaiting ... denied , 414 U.S. 876 , 94 S. Ct. 83 , 38 L. Ed.2d 121 (1973). B ut see Maryland , supra , 167 ...

docket:	A3218-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-28
status:	unpublished
citation:
Document Size:	75840

1858 STATE OF NEW JERSEY v. BRUCE B. REYES -- rank: 444

... Submitted: November 18, 2009 - Decided: Before Judges Cuff and C.L. Miniman. On appeal from the Superior Court of New Jersey ... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and fourth-degree resisting arrest. He testified he was with ... we review those issues under the plain-error standard. R. 2:10-2. Thus, we will not reverse unless the error is "clearly ... b]y running away." Finally, the judge defined "flight" as "[l]eaving the scene of the event with knowledge that, ...

docket:	a1376-07
court:	superior court appellate division
decided:	2010-03-12
status:	Unpublished
citation:
Document Size:	81807

1859 STATE OF NEW JERSEY v. JOSEPH R. FOLEY -- rank: 444

... Release Act (NERA), N.J.S.A. 2C:43-7.2. All appropriate fees and assessments were also imposed. Defendant appeals his conviction and sentence. We affirm. At approximately 2:30 a.m. on March 11, 2003, Misha Johnson, on ... Township Police Department responded to the scene, arriving at approximately 2:40 a.m. Although Johnson was upset and crying when ... we review the argument under the "plain error" standard. R . 2:10-2. Although we agree there was no need for Detective Neste ... U.S. 36 , 68-69, 124 S. Ct. 1354 , 1374, 158 L. Ed 2 d , 177, 203 (2004). A defendant' ...

docket:	a5922-04
court:	njappellate
decided:	2006-12-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50938

1860 STATE OF NEW JERSEY v. ANTHONY T. POLLARD -- rank: 444

... reached its verdict established that on the evening of April 2, 2010, the victim, Felix Hernandez, was walking home from a ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Additionally the court imposed three years of parole supervision upon ... on the victim," N.J.S.A. 2C:44-1a(2), based upon the victim's "continued residual pain and his ... merit to warrant further discussion in a written opinion. R. 2:11-3(e)(2). The record amply supports all of Judge Donohue's sentencing ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed. 2d 177 (2004), because Zuleta was unavailable ...

docket:	a2759-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-23
status:	unpublished
citation:
Document Size:	25773