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526 STATE OF NEW JERSEY v. TERRY W. CODER -- rank: 576

... fourth-degree lewdness, N.J.S.A. 2C:43-7.2, a concurrent seven-year term on count six, a concurrent ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant's Point I, however, does merit discussion, and requires ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). On the first prong of his ...

docket:	a4711-04
court:	njappellate
decided:	2007-07-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98282

527 STATE OF NEW JERSEY v. YAKIM ABDUL ALI -- rank: 576

... an officer, contrary to N.J.S.A. 2C:29-2(b) (count one); two counts of third-degree receiving stolen ... J.S.A. 2C:20-7 (counts two and three); 2 third-degree unlawful possession of a weapon, contrary to N ... resisting arrest, contrary to N.J.S.A. 2C:29-2(a) (count five); and fourth-degree prohibited device (hollow nose ... v. Abdul Ali , No. A-4500-06 (App. Div. Nov. 2, 2009) (slip op. at 3-5).] Following trial in January ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2(a), a criminal defendant is entitled to post-conviction relief ... suited for post-conviction review. R. 3:22-4(a)(2); Preciose , supra , 129 N.J. at 460. In determining ...

docket:	a5750-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	36855

528 Stephanie Washington v. Carlos A. Perez -- rank: 576

... points are presumed to be reversible error. (pp. 15-16) 2. In the event a party fails to produce a witness ... superior knowledge of the witness’s identity or expected testimony; (2) the witness is practically and physically available to the party ... is reported at 430 N.J. Super. 121 (2013). Brian L. Katz argued the cause for appellant ( Dansky | Katz | Ringold | York ... expert testimony. He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] was ... would be inappropriate because the experts’ testimony would be cumulative. 2 With little discussion, the court granted plaintiff’s request for ... denied , 522 U.S. 1116, 118 S. Ct. 1052, 140 L. Ed. 2d 115 (1998)). “As a general matter, [ ...

docket:	A-10-13
court:	NJ Supreme Court
decided:	2014-03-17
status:
citation:	219 N.J. 338 98 A.3d 1140
Document Size:	126079

529 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 576

... 04T3                                         A-2706-04T3 Text Box APPROVED FOR PUBLICATION January 2 5 , 2007 APPELLATE DIVISION IN THE MATTER OF THE ADOPTION ... N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern the calculation ... J. 148 (2004).      In response to voluminous comments, See footnote 2 COAH re-proposed both the substantive rules, N.J.A ... appellants to the third round rules. I     In Mount Laure l I , supra , the Court held that a zoning ordinance in ... to the number of growth area acres within the region; (2) the number of jobs in the municipality compared to the ... would result in excessively delaying the construction of affordable housing, (2)  the moratorium on builder's remedies was unconstitutional, and ( ...

docket:	A2706-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

530 STATE OF NEW JERSEY v. ANTHONY SNOWDEN -- rank: 576

... crime had occurred in East Orange. [Slip op. at 1-2.] Jarret then described for Detective Green of the East Orange ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968), because, in the final analysis, a ... U.S. 293 , 297, 87 S. Ct. 1967 , 1970, 18 L. Ed.2d 1199 , 1204 (1967). The "vagaries of eyewitness identification," as ... U.S. at 228, 87 S. Ct. at 1933, 18 L. Ed. 2d at 1158. "A major factor" contributing to ...

docket:	a2048-08
court:	superior court appellate division
decided:	2010-01-20
status:	unpublished
citation:
Document Size:	74147

531 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 576

... 04T3                                         A-2706-04T3 Text Box APPROVED FOR PUBLICATION January 2 5 , 2007 APPELLATE DIVISION IN THE MATTER OF THE ADOPTION ... N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern the calculation ... J. 148 (2004).      In response to voluminous comments, See footnote 2 COAH re-proposed both the substantive rules, N.J.A ... appellants to the third round rules. I     In Mount Laure l I , supra , the Court held that a zoning ordinance in ... to the number of growth area acres within the region; (2) the number of jobs in the municipality compared to the ... would result in excessively delaying the construction of affordable housing, (2)  the moratorium on builder's remedies was unconstitutional, and ( ...

docket:	A2674-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

532 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 576

... from the vehicle inquiring whether any of the individuals were "L Dog." An acrimonious verbal exchange followed and defendant eventually went ... WAS NOT ANTICIPATED BY N.J.R.E. 804(A)(2) SINCE IT RESULTED IN A PUNITIVE DE FACTO APPLICATION OF ... and does not shock the judicial conscience. In Point V, 2 defendant contends his conviction should be reversed because police failed ... denied , 499 U.S. 931 , 111 S.Ct. 1336 , 113 L.Ed.2d 268 (1991); State v. Roman , 382 N.J. Super ... denied , 540 U.S. 116 , 124 S.Ct. 1169 , 157 L.Ed.2d 1204 (2004). "'The central concern of the ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425

533 STATE OF NEW JERSEY v. RODNEY ALSTON -- rank: 576

... intent to distribute, N.J.S.A. 2C:35-5b(2); third-degree possession of CDS on or within 1000 feet ... intent to distribute, N.J.S.A. 2C:35-5b(2) (Count Two); third-degree possession of CDS on or within ... V. UNITED STATES , [___ U.S. ___, 133 S. CT. 1031 , 185 L. ED. 2 D 19 (2013)]. THE EVIDENCE FROM THE SEARCH OF THE ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). A. We reject defendant's ...

docket:	a2776-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	55914

534 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 576

... 04T3                                         A-2706-04T3 Text Box APPROVED FOR PUBLICATION January 2 5 , 2007 APPELLATE DIVISION IN THE MATTER OF THE ADOPTION ... N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern the calculation ... J. 148 (2004).      In response to voluminous comments, See footnote 2 COAH re-proposed both the substantive rules, N.J.A ... appellants to the third round rules. I     In Mount Laure l I , supra , the Court held that a zoning ordinance in ... to the number of growth area acres within the region; (2) the number of jobs in the municipality compared to the ... would result in excessively delaying the construction of affordable housing, (2)  the moratorium on builder's remedies was unconstitutional, and ( ...

docket:	A1960-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

535 STATE OF NEW JERSEY v. ANTOINE STEVENS -- rank: 576

... offense of resisting arrest, N.J.S.A. 2C:29-2(a) (count seven). Defendant was sentenced to an aggregate prison ... 1) Haynes repeatedly left the liquor store without purchasing anything; (2) money had been exchanged between defendant and Haynes for a ... This was based on a certified 500-foot City map. 2 The State produced two expert witnesses. First, it called William ... CONVICTIONS UNDER N.J.S.A. 2C:35- 7 AND 2 C:35-7.1 MUST MERGE POINT VI THE SENTENCE ... count in the indictment." N.J.S.A. 2C:29-2(a) provides that: [A] person is guilty of a disorderly ... effecting an arrest . . . . (3) An offense under paragraph (1) and (2) of subsection a. is a crime of the third ...

docket:	a4166-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	105156

536 STATE OF NEW JERSEY v. WILLIAM D. BROWN -- rank: 574

... Release Act (NERA), N.J.S.A. 2C:43-7.2. They appeal from the judgments of conviction dated June 8 ... degree murder, N.J.S.A. 2C:11-3(a)(2); N.J.S.A. 2C:2-6 (count one); first-degree felony murder, N.J.S ... 2C:11-3(a)(3); N.J.S.A. 2C:2-6 (count two); first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6 (count three); and second-degree possession of a weapon ... 2C:39-4(b) and N.J.S.A. 2C:2-6 (count four). We briefly summarize the evidence presented ...

docket:	a4898-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-01
status:	unpublished
citation:
Document Size:	66770

537 STATE OF NEW JERSEY v. JAMES WANGER -- rank: 574

... The State moved pursuant to N.J.S.A. 2C:2-6 (count one); second-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count two ... A. 2C:5-1 and N.J.S.A. 2C:2-6 (counts three and four); third-degree possession of weapons ... degree tampering with evidence, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:28-2 (count fourteen). At trial, the State presented evidence which established ... 1) excusing a juror prior to closing arguments of counsel; 2) allowing the admission of the contents of defendant's ...

docket:	A1390-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-09
status:	unpublished
citation:
Document Size:	108209

538 STATE OF NEW JERSEY v. JENERI E. ARROYO-HERNANDEZ -- rank: 574

... degree sexual assault, N.J.S.A. 2C:43-7.2. On count two, the court imposed a concurrent seven-year ... hand and he passed it by and he just pretend[ed] he didn't do it." Kimberly testified she assumed at ... jury verdict was against the weight of the evidence, and (2) failed to object to improper comments made by the prosecutor ... 668 , 684-86, 104 S. Ct. 2052 , 2063-64, 80 L. Ed.2d 674 , 691-92 (1984). In Strickland , the United States ... counsel. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. "First, the defendant must show ...

docket:	a0236-05
court:	NJ Superior Court Appellate Division
decided:	2008-07-16
status:	unpublished
citation:
Document Size:	126314

539 /usr/local/share/www/libweb/collections/courts/supreme/a1761-11.opn.html -- rank: 574

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On April 11, 2011, defendant filed a petition for post ... to file an appeal "as within time" pursuant to Rule 2:4-1(a). Defendant raises the following arguments on appeal ... murder, N.J.S.A. 2C:11-3(a)(1),(2), and he was remanded to a youth correctional facility. On ... J. Super. 172 , 175 (App. Div. 2005) . R . 3:9-2 provides, in pertinent part, that the court shall not accept ... 83 , 95 (1995); State v. Pena , 301 N.J. Super. 158 , 163 (App. Div.), certif. denied , 151 N.J. 565 (1997 ... U.S. 459 , 467, 89 S. Ct. 1166 , 1171, 22 L.Ed.2d 418 , 425-26 (1969); State v.  Barboza , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	83918

540 State v. John Chew -- rank: 574

... Jersey , 528 U.S. 1052 , 120 S. Ct. 593 , 145 L. Ed.2d 493 (1999). C. The Petition and Hearing for Post ... an expert witness in support of the mitigating factor under 2 1993, statements to police. In addition, she investigated the possibility ... thus expose defendant's anti-social and criminal behavior; and (2) she feared Dr. Greenfield knew of the incestuous relationship and ... personality disorder (NOS), mixed with dependent, histrionic, and antisocial features; (2) drug dependency; (3) depressive disorder; and (4) developmental reading disability ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). The Strickland Court created a ...

docket:	a-62-02
court:
decided:	2004-03-25
status:
citation:
Document Size:	113066