Search Rutgers Law Library N.J. Court Opinions

121 /usr/local/share/www/libweb/collections/courts/appellate/a0492-11a1593-12.opn.html -- rank: 776

... 2032. Joseph E. Krakora, Public Defender, attorney for appellant (Alison S. Perrone, Designated Counsel, on the brief). Carolyn A. Murray, Acting ... by a certain persons not to possess weapons, N.J.S.A. 2C:39-7(b). During defendant's trial, Hayes, who pled guilty pursuant to a negotiated plea ... 2029, with: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); two counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts two and three); four counts ... of first-degree knowing and/or purposeful murder, N.J.S.A. 2C:11-3(a)(1) and (2) (counts ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	207944

122 STATE OF NEW JERSEY v. LUIS A. MASSA -- rank: 776

... General/Acting Assistant Prosecutor, argued the cause for respondent (Jill S. Mayer, Acting Camden County Prosecutor, attorney; Kevin J. Hein, of ... years old. Massa was also found guilty of endangering Karen's welfare and that of another young female parishioner, C.R ... point, we conclude that police interrogators' false assurances about Massa's potential criminal liability rendered a large part of his confession involuntary. Because of the confession's importance, admitting it into evidence was plain error. Therefore, Massa ... the victims' privacy. A-2362-17 2 error. Because Massa's additional points challenging his convictions lack merit, we do not disturb the second trial's verdict. We also reject Massa's contention that the ...

docket:	a2362-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-04
status:	Unpublished
citation:
Document Size:	74973

123 State v. Andre Higgs -- rank: 776

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... and the admissibility of evidence arising from defendant Andre Higgs’s trial for the murder of Latrena May. Defendant and May ... relationship and shared a child. On the evening of May’s death, defendant and May were arguing on her front porch ... Police Officer Kemon Lee approached them after hearing a woman’s voice shout “police” several times while he patrolled the ... led to the involuntary discharge of the gun in defendant’s hand, causing May’s death. Prior to trial, defendant sought access to Officer ...

docket:	a-28-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:
citation:
Document Size:	91456

124 STATE OF NEW JERSEY v. TYSHON M. NIEVES -- rank: 773

... in the early morning hours violated defendant Tyshon M. Nieves's constitutional rights by failing to wait a reasonable time after ... to the possessory weapons offense in exchange for the State's recommendation of a five-year sentence with a five-year ... ineligibility and dismissal of the remaining charges. Following the court's imposition of the recommended sentence, defendant filed this appeal challenging the court's denial of the suppression motion. The New Jersey Division of ... controlled-dangerous-substance-related offenses. At the hearing on defendant's motion to suppress the seized evidence, New Jersey State Police ... explained he did so by knocking loudly on the home's front door and stating, 'State Police, search warrant. State ...

docket:	a3379-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-09
status:	Published
citation:
Document Size:	59007

125 STATE OF NEW JERSEY v. SYED RAHMAN -- rank: 773

... PER CURIAM Defendant Syed Rahman appeals from the Law Division's November 14, 2012 order denying his motion for post-conviction relief (PCR ... ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING ON RAHMAN'S POST-CONVICTION RELIEF CLAIMS. We have considered this argument in ... degree conspiracy to commit murder or aggravated assault, N.J.S.A. 2C:5-2, 11-3(a), 12-1(b)(1); first–degree attempted murder, N.J.S.A. 2C:11-3(a), 5-1; second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession ...

docket:	a2598-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	30011

126 State v. Calvin Fair -- rank: 773

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... considers whether a prosecution for terroristic threats under N.J.S.A. 2C:12-3(a) premised on a mens rea ... 2015, State Police seized several handguns from defendant Calvin Fair’s home. In April 2015, defendant referenced the search on Facebook ... 2015, officers responded to a domestic-violence call at defendant’s home. After a few verbal exchanges with an officer, defendant ... what cars they drove. The terroristic threats statute, N.J.S.A. 2C:12-3, has two subsections. Subsection (a) provides ... for actions “contrary to the provisions of N.J.S.A. 2C:12-3a and/or b.” Defendant ...

docket:	a-20-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:
citation:
Document Size:	72971

127 STATE OF NEW JERSEY v. STEVEN E. WRIGHT -- rank: 773

... At trial, Wright unsuccessfully presented an insanity defense. N.J.S.A. 2C:4-1. The jury found him guilty of first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (2) (count one ... a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a) (count two); and third-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b) (count three). After the jury ... served in a maximum security prison, pursuant to N.J.S.A. 2C:11-3(b)(4)(c). He appeals both ... he replied, "I shot her." Landi then saw the victim's body on the floor inside the store. Landi placed ...

docket:	a1296-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	120559

128 STATE OF NEW JERSEY v. TRAVIS BURRIS -- rank: 770

... day apart, in March of 2006. 1 We affirm defendant's conviction and sentence, but we remand to the Law Division to amend defendant's period of parole ineligibility. I. These facts are derived from ... the police regarding the shooting, as well as the shooter's description. He described his assailant as having a "goatee," "dreads ... with his hands. D.C. stated defendant "threw out B's, that mean[t] he was banging in his set and ... don't mean that [he] own[ed] every Crip that's in Newark or Irvington, East Orange, whatever." At that time ... The trial court denied both motions, as well as defendant's motion for severance of the trial of the two ...

docket:	a0666-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	107520

129 STATE OF NEW JERSEY v. LOUIS V. GREEN -- rank: 770

... Schwartz, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Amanda G. Schwartz, of counsel and ... of possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35- 10(a)(1), and two counts of certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1). One drug-related count ... charging possession of ethylone with intent to distribute. N.J.S.A. 2C:35-5(b)(4). But Green later pleaded ... And we agree that the failure to determine that Green's stipulation was knowing A-3676-17 2 and voluntary requires ... contained a pump action shotgun with seven shells. In defendant's bedroom, other officers found a bag of marijuana and ...

docket:	a3676-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-08
status:	Unpublished
citation:
Document Size:	68667

130 STATE OF NEW JERSEY v. DARRYL BOZEMAN -- rank: 770

... unearth all relevant evidence necessary to address defendant Darryl Bozeman's constitutional and other claims of error, we now have the ... Bozeman, which are the following: 1 POINT I : THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE TRIAL ... FINDINGS AS TO THE RELIABILITY OF THE IDENTIFICATION PROCEDURE. DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE COURT REFUSED TO ... IT WAS THE DEFENSE THAT BROUGHT OUT TESTIMONY ABOUT DEFENDANT'S PRIOR DRUG DEALS WITH TERRENCE TERRELL, THE TRIAL COURT SERIOUSLY ... produced on remand —— we do not find Bozeman's arguments persuasive. We affirm. I. 2 Bozeman was tried and ... a large cash cache believed to be concealed in Johnson's home. The ostensible goal of the robbery was to ...

docket:	a0565-06_2
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	81280

131 /usr/local/share/www/libweb/collections/courts/appellate/a2811-19.opn.html -- rank: 767

... his convictions and sentence for first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A 2C:39-4(a), arguing:1 I. THE LEAD DETECTIVE'S REPEATED IDENTIFICATIONS OF DEFENDANT AS THE SHOOTER ON THE VIDEO ... BY EYEWITNESSES WAS INAPPROPRIATE, PREJUDICIAL, AND REQUIRES REVERSAL OF DEFENDANT'S CONVICTIONS. II. ADMISSION OF OTHER-BAD-ACT EVIDENCE THAT DEFENDANT ... DANGEROUS SUBSTANCES WAS IRRELEVANT, INADMISSIBLE, AND REQUIRES REVERSAL OF DEFENDANT'S CONVICTIONS. III. THE LEAD DETECTIVE'S SPECULATION THAT PEOPLE ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68058

132 STATE OF NEW JERSEY v. JOSEPH L. MILLER JR -- rank: 767

... Court of New Jersey, Law Division, Middlesex County, Accusation No. 14-02- 0067 and Indictment No. 15-07-0803. Joseph E. Krakora, Public Defender, attorney for appellant (Daniel S. Rockoff, Assistant Deputy Public Defender, of counsel and on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Sarah D. Brigham, Deputy ... his convictions for unlawful possession of a firearm, N.J.S.A. 2C:39-5(b), and possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3). Defendant pled guilty ...

docket:	a2457-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-04
status:	Unpublished
citation:
Document Size:	48421

133 State v. Quinn Marshall -- rank: 767

... further judicial oversight or review. The Court granted the State's petition for certification. 196 N.J. 461 (2008). HELD : The ... neutral and detached magistrate. (pp. 8-11) 3. The State's affidavit in support of the search warrant clearly indicated that ... warrant was valid, the State cites Maryland v. Garrison , 480 U.S. 79 (1987), State v. Wright , 61 N.J. 146 (1972 ... rests its opinion on the New Jersey Constitution. (pp. 13-14) 5. In Wright , the warrant authorized a search of a ... resided but failed to designate it in the affidavit. (pp. 14-16) 6. In Ratushny , the Appellate Division suggested that ...

docket:	a-33-08
court:	supreme
decided:	2009-07-21
status:
citation:	199 N.J. 602 974 A.2d 1038
Document Size:	151246

134 ALLIANCE BERNSTEIN INVESTMENTS INC v. JEFFREY M. ESCHERT -- rank: 764

... judgment springing from a summary action pursuant to New Jersey's version of the Revised Uniform Arbitration Act of 2000 ("Uniform Arbitration Act"), N.J.S.A. 2A:23B-1 to -32. Plaintiff AllianceBernstein Investments, Inc ... contract and tortious conduct committed both during and after Eschert's employment with AllianceBernstein. 2 Because we conclude that at the ... we express no opinion about either the quality of Eschert's claims or the strength of AllianceBernstein's defenses. I. In order to understand how the parties found ... Release (Separation Agreement), which memorialized, among other things, that Eschert's last day of work was actually one month earlier, ...

docket:	a5420-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	45087

135 STATE OF NEW JERSEY v. R.K. -- rank: 764

... Yomtov, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Steven A. Yomtov, of counsel and ... applied to him.3 The trial court denied R.K.'s motions to correct his illegal sentences, finding the ban did not violate R.K.'s constitutional rights. Because we conclude the blanket social media prohibition ... face and as applied to R.K. individually, R.K.'s sentences impede his free speech rights, and we reverse and ... accordance with our order of January 28, 2020 granting appellant's motion, we use appellant's initials. 2 We use the words “social networking” ...

docket:	a2022-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Published
citation:
Document Size:	74766