Search Rutgers Law Library N.J. Court Opinions

2716 STATE OF NEW JERSEY v. NAGY A. IBRAHIM -- rank: 388

... 5a(1) and N.J.S.A. 2C:35-5b(2); and three counts of third-degree possession of CDS, N ... commonly would be used to perform either a "controlled buy" 2 or a "wired sale." A "controlled buy," according to Carmack ... 293 , 311-12, 87 S. Ct. 408 , 418-19, 17 L. Ed.2d 374 , 387-88 (1966). There is no blanket prohibition ... also is subject to a plain error analysis. See R. 2:10-2. In doing so, we consider the jury charge as ...

docket:	a3177-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-08
status:	unpublished
citation:
Document Size:	86332

2717 A-0STATE OF NEW JERSEY v. KIMBERLY GREEN November 12, 2013 -- rank: 386

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals both her conviction and sentence and raises the ... to eat and then left to drive home at about 2:40 a.m. At this time, Hardeo Persad was driving ... had not adhered to Rule 3:13-3(d)(5) 2 by designating a defense expert at least thirty days prior ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993), the Supreme Court upheld the trial judge ... the party who failed to disclose intended to mislead; and (2) whether the aggrieved party was surprised and would be ...

docket:	a1882-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	55290

2718 STATE OF NEW JERSEY v. D.B -- rank: 386

... Release Act (NERA). N.J.S.A. 2C:43-7.2. We affirmed defendant's conviction on direct appeal. State v ... necessary elements of the offense of second-degree aggravated assault; 2) that NERA was not charged in the indictment; 3) that ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). Second, a defendant must prove that ...

docket:	a1914-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-23
status:	unpublished
citation:
Document Size:	45630

2719 STATE OF NEW JERSEY v. RONNELL DAVIS -- rank: 386

... without mentioning Foat. He told "Love" that it would cost $2,500. Shortly thereafter, Foat's relatives came to Ellison's office with $2,500 and arranged for the bail bond. Just before the ... denied, 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed. 2d 681 (2000) (quoting In re Kozlov, 79 N.J ... that Davis did not use peremptory challenges against: (1) Juror #2, whose good friend was a State Trooper; (2) Juror #6, who knew one police officer; (3) Juror # ...

docket:	a3799-06
court:	NJ Superior Court Appellate Division
decided:	2009-05-26
status:	unpublished
citation:
Document Size:	43589

2720 STATE OF NEW JERSEY v. ROBERT W. MCDOWELL -- rank: 386

... Defendant-Appellant. _______________________________ Argued: May 13, 2009 - Decided: Before Judges C.L. Miniman and Baxter. On appeal from the Superior Court of ... Alcotest® contrary to N.J.S.A. 39:4-50.2. Because the arresting officer had probable cause to arrest defendant ... he could not restart the cash register, defendant "really start[ed] to pound" on the glass doors. Jablow dialed 9-1 ... a breath test, N.J.S.A. 39:4-50.2. On September 15, 2006, defendant moved for a jury trial ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... U.S. 366 , 371, 124 S. Ct. 795 , 800, 157 L. Ed.2d 769 , 775 (2003) (probable cause is a ...

docket:	a1108-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-22
status:	unpublished
citation:
Document Size:	53875

2721 STATE OF NEW JERSEY v. TAHJ J. PINES -- rank: 386

... EVIDENCE A STATEMENT OF THE VICTIM AS A-1469-21 2 AN EXCEPTION TO HEARSAY PURSUANT TO N.J.R.E ... 4-9; Pines, No. A-1715-18, slip op. at 2-4. We need not detail it here. We do, however ... the proceeding was prepared. Baldwin informed defendant that he 'want[ed] to talk about the situation your brother got himself into ... silent, two alternatives are presented: (1) terminate the interrogation or (2) ask only those questions necessary to clarify whether the defendant ... reasonable doubt that defendant's statement was voluntary. State v. L.H., 239 N.J. 22, 42 (2019). Thus, the court ... told Everett something bad happened the night before concerning Aron 2 and Kenny Mike. In fact, Everett suspected only Aron ...

docket:	a1469-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-04
status:	Unpublished
citation:
Document Size:	57420

2722 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 386

... record on appeal. On August 3, 2010, Detective Anthony Degiglio 2 of the Paterson Police conducted surveillance at the intersection of ... that (1) he did not know about Ward's marijuana, (2) he had not given Ward any marijuana, and (3) he ... 541 U.S. 36 , 68, 124 S. Ct. 1354 , 1374, 158 L. Ed.2d 177 , 203 (2004) (holding that "[w]here testimonial evidence ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. Goodman , 415 N. ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

2723 E.A. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 386

... Mr. De Sapio, of counsel and on the brief). Jennifer L. Cavin, Deputy Attorney General, argued the cause for respondent Division ... Attorney General, of counsel; Ms. Cavin, on the brief). Shana L. Taylor, Hunterdon County Counsel, attorney for respondent Hunterdon County Board ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 165 (1998)), certif. denied , 182 N.J. 425 (2005); see ... U.S. 297 , 301, 100 S. Ct. 2671 , 2680, 65 L. Ed.2d 784 , 794 (1980); United Hosps. Med. Ctr. v. State ... Medicaid program," Mistrick , supra , 154 N.J. at 166 (quoting L.M. v. Div. of Med. Assistance & Health Servs. , 140 ...

docket:	a2669-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-20
status:	unpublished
citation:
Document Size:	39637

2724 STATE OF NEW JERSEY v. ANDREA HARRIS -- rank: 386

... Alan I. Smith, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... Defendant Andrea Harris appeals from an order entered on September 2, 2008, denying her petition for post-conviction relief (PCR), without ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant did not testify at trial. However, her version of ... attack. [ Harris , supra , No. A-0158-00, slip op. at 2-3.] On August 4, 2005, defendant filed a pro se ... failed to meet both prongs of the Strickland / Fritz test. 2 On appeal from the denial of her petition, defendant presents ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Second, defendant must show "a ...

docket:	a3025-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-12
status:	unpublished
citation:
Document Size:	27094

2725 STATE OF NEW JERSEY v. ORRIC MITCHELL -- rank: 386

... count three); resisting arrest, N.J.S.A. 2C:29-2 (count five); and hindering apprehension or prosecution, 9 AND 10 ... to trial. R. 3:5-7(a); R. 3:10-2(a). Our court rules further provide that if a timely ... denied , 488 U.S. 1032 , 109 S. Ct. 843 , 102 L. Ed.2d 975 (1989). See also State v. Del Fino , 100 ... have been clearly capable of producing an unjust result." R. 2:10-2. Defendant must establish that any error in the charge ...

docket:	a6304-03
court:	njappellate
decided:	2006-05-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71119

2726 STATE OF NEW JERSEY v. Victor -- rank: 386

... four" women at gunpoint with defendant and that they were "[l]ooking for a victim" on the night they were arrested ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). In making this assessment, we ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). The prosecution's duty to achieve justice ... cert. denied , 357 U.S. 910 , 78 S. Ct. 1157 , 2 L. Ed.2d 1160 (1958)). During direct examination, defendant testified ...

docket:	a0933-13
court:	New Jersey Superior Court Appellate Division
decided:	2014-05-12
status:	Published
citation:
Document Size:	34079

2727 GEORGIA KING VILLAGE v. ANITA FLOYD -- rank: 386

... Civil Part, Essex County, Docket No. LT 10462-12. Beth L. Williams argued the cause for appellant (Essex-Newark Legal Services ... she walked home from work. Floyd's son, E.P., 2 was arrested and charged with committing the offenses. On February ... upon N.J.S.A. 2A:18-61.1(e)(2), violation of lease covenants in public housing. N.J.S.A. 2A:18-61.1(e)(2) authorizes public housing authorities to evict a tenant when "the ... assailant that she did not have any money, he "act[ed] like he didn't want to let [her] go, unless ... jury case is limited. Seidman v. Clifton Sav. Bank, S.L.A. , 205 N.J. 150, 169 (2011). "The general ...

docket:	a0484-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-31
status:	unpublished
citation:
Document Size:	27093

2728 STATE OF NEW JERSEY v. KEVIN HOLMES -- rank: 386

... second degree burglary, N.J.S.A. 2C:43-7.2. On appeal, defendant now seeks reversal of this conviction, based ... appeal by the plain error standard. See R. 1:7-2; R. 2:10-2; see also State v. Macon , 57 N.J. 325 , 336 ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999) (citation omitted). In making this ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed .2d 89 (2001). The prosecution's duty to ...

docket:	a6103-07
court:	superior court appellate division
decided:	2010-03-03
status:	unpublished
citation:
Document Size:	44640

2729 FRANCES PHILLIPS v. BRIAN GROGAN -- rank: 386

... plaintiff Frances Phillips pursuant to N.J.S.A. 9:2-7.1. Phillips is the maternal grandmother of the only ... outside the pleadings in accordance with Rule s 4:6-2 and 4:46-2, denied Grogan's motion to dismiss the complaint. On the ... s recent "decision to allow [the child] to visit . . . show[ed] that he understands the importance of our relationship and the ... Am. , 142 N.J. 520 , 540 (1995); R. 4:6-2; R . 4:46-2. An order compelling a parent to permit a child ...

docket:	a2596-07
court:	NJ Superior Court Appellate Division
decided:	2008-08-04
status:	unpublished
citation:
Document Size:	60712

2730 STATE OF NEW JERSEY v. SHAMSID KNIGHT -- rank: 386

... the question, if you want, to a conclusion. . . . . DEFENSE COUNSEL: [L]et me ask you this. Mr. Knight had originally been ... denied , 361 U.S. 879 , 80 S. Ct. 166 , 4 L. Ed.2d 117 (1959). We must examine the complained-of conduct ... v. Daniels , 182 N.J. 80 , 95 (2004) (quoting R. 2:10-2). Reversal of defendant's conviction is required only if there ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	A2933-02
court:	NJ Superior Court Appellate Division
decided:	2004-05-28
status:	published
citation:	369 N.J. Super. 424 849 A.2d 209
Document Size:	116789