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391 State v. Carlos Feal -- rank: 690

... Court.     This appeal addresses the retroactive application of this Court’s opinion in State v. Daniels , 182 N.J. 80 (2004), which prohibits a prosecutor from drawing the jury’s attention to a defendant’s presence at trial as an opportunity for the defendant to ... other witnesses. In addition, the Court considers whether the prosecutor’s comments in this case warrant a reversal under Daniels .     A ... his girlfriend, Julia Torres, in an apartment in Elizabeth. Torres’s daughter Carmen testified that Feal owned a revolver which he ... dead at the scene.     Feal fled New Jersey after Torres’s death. Seven months later, police received information that Feal ...

docket:	a-16-07
court:	njsupreme
decided:	2008-04-08
status:
citation:	194 N.J. 293 944 A.2d 599
Document Size:	61678

392 STATE OF NEW JERSEY v. DARNELL WILSON -- rank: 690

... term, subject to the No Early Release Act, N.J.S.A. 2C:43- 7.2. We affirmed his convictions and ... a consolidated unpublished opinion, State v. Flagler, No. A-3357-14 (App. Div. May 11, 2018) (slip op. at 5), and ... vehicle and apprehended the two occupants, who matched the victim's descriptions and were later identified as A-0393-21 2 defendants. A handgun matching the victim's description was found on Flagler's person during the ensuing pat down. [Flagler, slip op. at ... 1) file a Wade/Henderson1 motion to suppress the victim's out-of-court identification of defendant; (2) request a ...

docket:	a0393-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	41224

393 STATE OF NEW JERSEY v. SHAMSIDDI ABDUR-RAHEEM -- rank: 690

... County, Indictment No. 10-08- 0102. 1 The indictment, defendant's pro se filings, and our prior opinion spell defendant's first name as Shamsiddin. The judgment of conviction, however, spells ... daughter, the assault with a motor vehicle of the child's grandmother, L.B., and other related offenses. State v. Abdur ... some of the more salient facts. Defendant and the child's mother, V.B., were estranged, and she and the child ... After making more than one hundred calls to V.B.'s cellphone and being unable to contact her, defendant arrived unwanted and unexpected at L.B.'s apartment. Id. at 6. He surreptitiously entered, struggled with ...

docket:	a2178-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	36949

394 STATE OF NEW JERSEY v. YSAIAS SEVERINO-LANTIGUA -- rank: 690

... Police obtained search warrants for defendant, the residences, and defendant's vehicle. They executed the search warrants and found marijuana, cocaine ... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (Count One); first-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1) (Count Two); third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (Count Three); second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J. ...

docket:	a3906-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	32386

395 /usr/local/share/www/libweb/collections/courts/supreme/a_85_86_16.opn.html -- rank: 690

... light of the “Strip Search Act,” N.J.S.A. 2A:161A-1 to -10. On January 4, 2012 ... patrolled the parking lots of the Days Inn and Denny’s, which were areas known for narcotics, trespassing, and prostitution. Just ... The police pursued him. Laboy consulted his list, recognized Evans’s name, and decided to arrest him for his outstanding warrant ... Evans over, and he was unable to provide a driver’s license. Laboy placed Evans under arrest and then conducted a ... During the search, Laboy found $2000 in cash in Evans’s pants pocket. He also noticed a bulge in the groin area of Evans’s jeans. In patting down that area, he felt a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47577

396 STATE OF NEW JERSEY , v. ANTHONY G. PINSON -- rank: 690

... David Michael Liston, of counsel and on the briefs; Jill S. Mayers, Camden County Prosecutor, attorney for appellant in Docket No ... longer supported probable cause . The judge also denied the State's application to present an alternate theory of probable cause. By ... an automobile following execution of a warrant for the driver's arrest, and denying its motion to reopen the suppression A ... Camden Counties returned several indictments, charging a 1 On May 14, 2019, the judge entered two orders: (1) an order denying the State's motion to reopen the hearing and suppressing the evidence seized from Pinson's arrest 'for the reasons set forth in the attached [ ...

docket:	a4529-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-02
status:	Published
citation:
Document Size:	40357

397 ADAM M. FINKEL v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 690

... Herbert, Van Ness, Cayci & Goodell, attorneys; Mr. Goodell and Rachel U. Doobrajh, of counsel and on the brief). Joseph P. Blaney ... 81 days before an election as required by N.J.S.A. 19:37-1, but has submitted the proposal within ... the 65-day deadline separately set forth in N.J.S.A. 19:37-2. As part of our analysis, we also consider whether a governing body's non-compliance with the 81-day deadline in N.J.S.A. 19:37-1 conflicts with the local citizens' interests, as protected by N.J.S.A. 19:37-1.1, in having sufficient time ...

docket:	a0908-13
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	434 N.J.Super. 303 84 A.3d 263
Document Size:	67372

398 STATE OF NEW JERSEY v. JAMES KRIVACSKA -- rank: 690

... count of first-degree aggravated assault (M.B.), N.J.S.A. 2C:14-2a(2); two counts of second-degree child endangerment (T.A. and M.B.), N.J.S.A. 2C:24-4a; and two counts of third-degree ... criminal sexual contact, (T.A. and M.B.) N.J.S.A. 2C:14-3a. Defendant was acquitted of a second count of aggravated ... six years imprisonment under the Sex Offender Act, N.J.S.A. 2C:47-1 to 10. The facts comprising ...

docket:	a4175-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-20
status:	unpublished
citation:
Document Size:	96169

399 STATE OF NEW JERSEY v. DOUGLAS W. MATHIS -- rank: 690

... two counts of third-degree burglary, contrary to N.J.S.A. 2C:18-2 (Counts One and Three); two counts ... third-degree theft of moveable property, contrary to N.J.S.A. 2C:20-3 (Counts Two and Four); and fourth-degree resisting arrest, contrary to N.J.S.A. 2C:44-3b. Scott was sentenced to concurrent extended ... the following issues for our consideration: POINT I . DETECTIVE HOELZEL'S TESTIMONY CONCERNING THE BLACK FIBERS CONSTITUTED AN IMPROPER "NET OPINION ... A FAIR TRIAL (NOT RAISED BELOW). POINT II . DETECTIVE HOELZEL'S TESTIMONY THAT THE DEFENDANT'S AUTOMOBILE WAS OBSERVED AT THE SCENE OF ANOTHER BURGLARY ...

docket:	A0694-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-15
status:	unpublished
citation:
Document Size:	132593

400 STATE OF NEW JERSEY v. JASON TOLEDO -- rank: 690

... entry of a guilty plea), in exchange for the State's recommendation of an eight-year sentence subject to the 85 ... forth in the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a five-year period ... INTO A DE-FACTO ARREST, REQUIRING PROBABLE CAUSE. On September 14, 2009, Toledo appealed from his conviction and the sentence imposed ... AND HIS CODEFENDANTS. Because the appeals challenge the trial court's determinations during a common suppression hearing, we calendared the matters ... suppression motion, we recite the facts taken from the State's evidence presented during the August 11 and 12, 2008 suppression ... of the road . . . [and] the occupants matched the [suspects'] description[s.]" The stop occurred approximately one and one quarter miles ...

docket:	a5716-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	86955

401 STATE OF NEW JERSEY v. OMAR BRIDGES -- rank: 690

... THE COURT ERRED IN DENYING A WADE HEARING BECAUSE PATINHO'S IDENTIFICATION OF DEFENDANT AS THE SHOOTER AT THE FIRST TRIAL ... IDENTIFICATION AT THE SECOND TRIAL WAS NOT BASED ON PATINHO'S "PEEK" OF THE SHOOTER AT THE SCENE OF THE CRIME ... DEFENDANT AT THE FIRST TRIAL. POINT II THE SENTENCING COURT'S TRUNCATED, PERFUNCTORY YARBOUGH ANALYSIS DOES NOT SUPPORT A CONSECUTIVE SENTENCE ... RIGHT TO A FAIR TRIAL; COUPLED WITH THE TRIAL COURT'S FAILURE TO PROVIDE ANY GUIDANCE TO THE JURY TO DISREGARD THE TESTIMONY COMPOUNDED THE ISSUE, THEREFORE, THE DEFENDANT'S CONVICTION SHOULD BE REVERSED. Having considered defendant's arguments in light of the record and controlling law, ...

docket:	a1817-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:
Document Size:	51682

402 STATE OF NEW JERSEY v. MAX YVES MERLAIN -- rank: 690

... a MAX MERLAIN, Defendant-Appellant. ____________________________ March 26, 2012 Submitted December 14, 2011 - Decided Before Judges Cuff, Lihotz, and Waugh. On appeal ... Max Merlain, guilty of serious bodily injury murder, N.J.S.A. 2C:11-3a(1), and endangering the welfare of ... August 8, 2004, at 7:41 p.m., Dominique, defendant's girlfriend, called 9-1-1 to report that her two ... Medical personnel at the hospital noted an abrasion on Julio's face and bruising on the left side of his face ... belly was distended, indicating possible trauma. They recorded the mother's explanation for the bruising--the previous day's fall in the bathtub--but noted that the bruising ...

docket:	a2294-08
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	121856

403 STATE OF NEW JERSEY v. TERREL F. GOLDSMITH -- rank: 690

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), and third-degree possession with intent to distribute CDS, N.J.S.A. 2C:35-5(a)(1), as well as the ... to the detectives, a black male was in the driver's seat and a female was in the front passenger's seat. Both detectives identified Goldsmith as the driver of the ... spot and drove in a southerly direction. Suarez made a U-turn, followed the Audi, and stopped Goldsmith several blocks later ... Audi. Goldsmith complied. Suarez approached the vehicle on the driver's side with his flashlight in hand, while Turzani approached ...

docket:	a2496-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	78326

404 STATE OF NEW JERSEY v. ABDUL HAKIM TILLERY -- rank: 690

... entry of a guilty plea), in exchange for the State's recommendation of an eight-year sentence subject to the 85 ... forth in the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a five-year period ... INTO A DE-FACTO ARREST, REQUIRING PROBABLE CAUSE. On September 14, 2009, Toledo appealed from his conviction and the sentence imposed ... AND HIS CODEFENDANTS. Because the appeals challenge the trial court's determinations during a common suppression hearing, we calendared the matters ... suppression motion, we recite the facts taken from the State's evidence presented during the August 11 and 12, 2008 suppression ... of the road . . . [and] the occupants matched the [suspects'] description[s.]" The stop occurred approximately one and one quarter miles ...

docket:	a0402-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	93018

405 Robert B. Beim v. Trevor R. Hulfish -- rank: 690

... damages under the Wrongful Death Act (the Act), N.J.S.A. 2A:31-1 to -6. The Appellate Division reversed ... for damages based on estate taxes paid by a decedent’s estate because such claims do not fit within the statutory cause of action defined by N.J.S.A. 2A:31-1 and the alleged damages do not constitute “pecuniary” losses as required by N.J.S.A. 2A:31-5. 1. Plaintiffs assert that pursuant to ... to the Internal Revenue Code, the tax burden on Kellogg’s estate would have been significantly less had he died in ... language, the goal is to divine and effectuate the Legislature’s intent. The Court begins with the language of the ...

docket:	A-33-12
court:	NJ Supreme Court
decided:	2014-01-28
status:
citation:
Document Size:	93895