Search Rutgers Law Library N.J. Court Opinions

91 State of New Jersey v. John L. Nyhammer -- rank: 740

... not have been summarized). State of New Jersey v. John L. Nyhammer (A-85-07) Argued October 20, 2008 -- Decided February ... to the totality-of-the-circumstances approach. (Pp. 17-25) 2. Only in the most limited circumstances, such as when police ... Term 2007 STATE OF NEW JERSEY, Plaintiff-Appellant, v. JOHN L. NYHAMMER, Defendant-Respondent. Argued October 20, 2008 – Decided February ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one), second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts two to five), and third-degree endangering the ... those crimes was defendant’s nine-year-old niece, Amanda. 2 Defendant’s Confession The trial court conducted a pretrial ...

docket:	a-85-07
court:
decided:	2009-02-03
status:
citation:	197 N.J. 383
Document Size:	146610

92 State v. Jacinto K. Hightower -- rank: 740

... trial court improperly expanded the scope of R . 1:8-2(d)'s inability-to-continue standard when it removed the ... court here was to declare a mistrial. (pp. 13-17) 2. Defendant was not deprived of a non-unanimous verdict. The ... appeal from the Superior Court, Law Division, Burlington county. Robert L. Sloan and James K. Smith, Jr. , Assistant Deputies Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Linda A. Rinaldi , Deputy Attorney General ... to death. Defendant presently appeals that sentence pursuant to Rule 2:2-1(a)(3). Because of juror misconduct during jury ...

docket:	a-22-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 239
Document Size:	115509

93 In the Matter of D.C. and D.C., Minors -- rank: 740

... grades and his behavior greatly improved in Nellie’s care. 2 In June 2008 , the trial court held that the twins ... Grandparent and Sibling Visitation Statute, N.J.S.A. 9:2-7.1 (Visitation Statute) was enacted in 1972. By 1993 ... necessary to the emotional health of children. (pp. 13-20) 2. The Child Placement Bill of Rights Act, N.J.S ... Adoption of a Child by W.P. , 163 N.J. 158 (2000), the Court recognized that an adoptive family, like a ... now reverse and remand. I. In June 2005, Nina Carson 2 gave birth to the twin daughters, Dana and Donna, who ... at the foster mother’s discretion. The judge “suggest[ed]” that CASA be involved in the visitation arrangements. ...

docket:	a-71-09
court:	New Jersey Supreme Court
decided:	2010-09-29
status:
citation:	203 N.J. 545 4 A.3d 1004
Document Size:	113659

94 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 740

... the brief; Ms. Van Wyk, Lawrence S. Lustberg and Jonathan L. Hafetz, Designated Counsel, on the briefs). Elaine A. Leschot, Assistant ... denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). On May 17, 1995, defendant was sentenced ... Defendant appealed as of right to the Supreme Court. R. 2:2-1(a)(3). By order dated April 20, 2005, the ... that the victim's death was accidental and not intentional; (2) Whether trial counsel were ineffective because they failed to ...

docket:	a2810-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-07
status:	unpublished
citation:	410 N.J. Super. 43 979 A.2d 792
Document Size:	188772

95 In the Matter of the Adoption of a Child by W.P. and M.P. -- rank: 740

... This case can also be found at 163 N.J. 158. SYLLABUS (This syllabus is not part of the opinion of ... under the Grandparent Visitation Statute, N.J.S.A . 9:2-7.1, if the adoptive parents oppose visitation. To answer ... the Act with the Grandparent Visitation Statute. (pp.6-15) 2. The statutory scheme of the Adoption Act emphasizes the complete ... filed a formal answer objecting to the adoption on May 2, 1995. His parents, KS and MS (the �grandparents� or �respondents ... of the Grandparent Visitation Statute. N.J.S.A. 9:2-7.1 (as amended by L. 1987, c. 363, � 2). Thus, prior to 1993, �intact� ...

docket:	a-124-98
court:	njsupreme
decided:	2000-04-06
status:
citation:	163 N.J. 158
Document Size:	109744

96 PAULA ALEXANDER, JOAN COLL and CHERYL THOMPSON-SARD v. -- rank: 738

... Court of New Jersey, Law Division, Essex County, Docket No. L-6089-07. 1 This name was incorrectly identified in original ... Plaintiffs appeal from a 'consent amended final order of dismissal,'2 dismissing the balance of their complaint after the motion judge had previously, on May 2, 2008, dismissed 'the allegations of [p]laintiffs' [c]omplaint that ... disparities was contrary to New Jersey law' and that the 2 Plaintiffs moved to dismiss the balance of the complaint because ... Super. 443, 457-61 (App. Div. 2008). A-1251-08T3 2 trial court 'erred in holding that [the United States Supreme ... Co., 550 U.S. 618, 127 S. Ct. 2162, 167 L. Ed. 2d 982 (2007)] is controlling in the present ...

docket:	a1251-08
court:	superior court appellate division
decided:	2009-12-07
status:	published
citation:	410 N.J. Super. 574 983 A.2d 1128
Document Size:	53615

97 /usr/local/share/www/libweb/collections/courts/appellate/a3007-12motionopn.opn.html -- rank: 738

... N.J.S.A. 2C:39-5(b), and 2C:2-6(b)(1). The State agreed to dismiss the balance ... application for OPD's services "upon the acceptance of . . . [OPD]." 2 On February 26, 2013, OPD filed a notice of appeal ... urged us to exercise our original jurisdiction pursuant to Rule 2:10-5 and decide the motion. 4 We also requested ... OPD did not represent corporate defendants. Id. at 331 n.2. We noted that our research "fail[ed] to uncover any New Jersey authority specifically considering this point ... s right to appointed counsel[,]" but that neither case "distinguish[ed] between indigent individuals and indigent corporations," and we specifically ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	90241

98 State v. Anthony DiFrisco -- rank: 738

... the murder for a friend, Anthony Franciotti, who paid DiFrisco $2,500. DiFrisco met Franciotti in a New York prison approximately ... sufficient to undermine confidence in the outcome. (Pp. 25-31) 2. In his first claim of ineffective assistance of counsel, DiFrisco ... Constitution. 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). First, counsel�s performance must fall �below ... reasonableness.� Id. at 688, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. That prong is satisfied when counsel� ...

docket:	a-30-01
court:	njsupreme
decided:	2002-08-14
status:
citation:	174 N.J. 195
Document Size:	222677

99 New Jersey Department of Environmental Protection v. Robert Huber -- rank: 735

... Perez, the DEP’s Principal Environmental Specialist, who ascertained that 2,500 square feet of fill had been placed on a ... inspection of residential property under the FWPA. (pp. 27-34) 2. The Supreme Court has acknowledged that judicial process to enforce ... alteration or disturbance.” N.J.S.A. 13:9B-2. Seeking “to maintain a delicate balance between environmental interests ... wetlands need vigorous protection. N.J.S.A. 13:9B-2. The Legislature asserted that in order to advance the public ... value of wetland areas. [ N.J.S.A. 13:9B-2.] The Legislature then determined that, in this State, pressures for ... Act and implementing regulations. [ N.J.S.A. 13:9B-2.] [ Id. at 519.] Accordingly, the Legislature enacted the FWPA, ...

docket:	A-116-10
court:	NJ Supreme Court
decided:	2013-04-04
status:
citation:
Document Size:	144110

100 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 735

... 04T45672-04T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN L. NYHAMMER, Defendant-Appellant. _________________________________________ Submitted May 2, 2007 - Decided September 6, 2007: Before Judges Stern, A. A ... P.J.A.D. Following a jury trial, defendant John L. Nyhammer was convicted of first degree aggravated sexual assault on ... was knowing and voluntary pursuant to the Miranda rule; and (2) whether the videotaped statement of A.N. should be admitted ... 1. [Defendant] Was In Custody When The Second Taping Began. 2. The Police Failed To Inform [Defendant] Of His Rights Before ... U.S. at 436, 86 S. Ct. at 1602, 16 L. Ed. 2d at 694. Whether a suspect is in " ...

docket:	a5672-04
court:	njappellate
decided:	2007-09-06
status:	published
citation:	396 N.J. Super. 72
Document Size:	75133

101 State of New Jersey v. Stanley Cliff Smith -- rank: 732

... as possibly a Smith and Wesson .38 or .357 caliber. 2 On January 7 , Lieutenant Pieslak told Detective Holt that he ... in Monmouth County also on an unrelated charge and a 2 Smith and Wesson 357 magnum was recovered and sent for ... of the shooter’s jacket supplied by the anonymous caller. 2 On April 1 , Holt realized for the first time that ... pursued in order to complete the investigation of the case; (2) under all of the surrounding relevant circumstances the pursuit of ... between Bellinger and the murder of Priester. (pp. 21-31) 2. The State must demonstrate by clear and convincing evidence three ... and provided appropriate instructions to the jury. State v. Frost , 158 N.J. 76 , 83 (1999). Additionally, an appellate court ...

docket:	A-68-10
court:	NJ Supreme Court
decided:	2012-10-25
status:
citation:	212 N.J. 365 54 A.3d 772
Document Size:	213164

102 STATE OF NEW JERSEY v. COREY MILLER, -- rank: 732

... denied , 465 U.S. 1030 , 104 S. Ct. 1245 , 79 L. Ed.2d 695 (1984). It calls upon us to define the ... States , 451 U.S. 204 , 101 S. Ct. 1642 , 68 L. Ed.2d 38 (1981); Rakas v. Illinois , 439 U.S. 128 , 99 S. Ct. 421 , 58 L. Ed.2d 387 (1978), reh'g denied , 439 U.S. ...

docket:	a5397-99
court:	njappellate
decided:	2001-06-27
status:	published
citation:	342 N.J. Super. 474
Document Size:	73329

103 STATE OF NEW JERSEY v. CHRISTOPHER KORNBERGER -- rank: 732

... of Krista DiFrancesco and a sexually-motivated attack on E.L.J. He pled guilty to a sexually-motivated attack on ... N.J.S.A. 2C:11-3a(1) and a(2); (2) first-degree felony murder, N.J.S.A. 2C:11 ... J.S.A. 2C:39-4d. For crimes against E.L.J.: (1) second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); (2) third-degree aggravated assault, N.J.S.A. 2C:12-1b(2); (3) second-degree attempted sexual assault, N.J.S. ...

docket:	a6133-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	74692

104 State v. David Bass -- rank: 730

... counsel’s cross-examination of the State’s lead witness; (2) the admission of expert testimony by a surrogate for the ... s claim that a witness is biased. (pp. 17-24) 2. Here, the trial court barred defendant from exploring the terms ... for proceedings consistent with this opinion. CHIEF JUSTICE RABNER; JUSTICES L a Vecchia , ALBIN, and SOLOMON; and JUDGE CUFF (temporarily assigned ... 1, cert. denied , ___ U.S. ___, 135 S. Ct. 761, 190 L. Ed. 2d 635 (2014), and State v. Roach , 219 N.J ... 2014), cert. denied , ___ U.S. ___, 135 S. Ct. 2348, 192 L. Ed. 2d 148 (2015). In accordance with the principles ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

105 /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