Search Rutgers Law Library N.J. Court Opinions

676 STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 642

... 04-441 1 with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4) (count one); second-degree luring, N.J.S.A. 2C:13-6 (count two); third-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4(a) (count three); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count four); second-degree endangering the welfare ...

docket:	a0525-12
court:	superior court trial
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68678

677 STATE OF NEW JERSEY v. RAJHADD KILPATRICK -- rank: 642

... v. RAJHADD KILPATRICK, a/k/a RAJHAAD KILPATRICK, and RAJHADD S. KILPATRICK, Defendant-Appellant. ____________________________ Submitted January 24, 2022 – Decided February ... 10, 2019 judgment of conviction for aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1). Defendant pleaded guilty, reserving ... affirm. We recite the facts stated in the motion judge's June 20, 2018 decision on the record and June 22, 2018 written decision denying defendant's motion to suppress his statement. The judge's decisions incorporate the testimony of Detective Michael Sutley of the Camden County Prosecutor's Office (CCPO) during an evidentiary hearing on the suppression ...

docket:	a5093-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-16
status:	Unpublished
citation:
Document Size:	36567

678 STATE OF NEW JERSEY v. NATHAN D. YATES -- rank: 642

... was wrongfully denied without benefit of an evidentiary hearing. Defendant's brief more specifically asserts the trial judge erroneously denied his ... Defendant was charged with armed robbery (count one), N.J.S.A. 2C:15-1; second-degree unlawful possession of firearms (count two), N.J.S.A. 2C:39-4(a); third-degree unlawful possession of weapon – a handgun (count three), N.J.S.A. 2C:39-5(b); fourth-degree possession of hollow nose bullets (count four), N.J.S.A. 2C:39-3(f); second-degree resisting arrest (count five), N.J.S.A. 2C:29-2(b); and second-degree certain ...

docket:	a5163-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-03
status:	unpublished
citation:
Document Size:	32947

679 STATE OF NEW JERSEY v. ANTWAN J. HORTON -- rank: 642

... defendant Antwan Horton of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and third-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(1). The trial court sentenced ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a consecutive four years ... sentences. For the reasons that follow, we affirm. I. Defendant's convictions arose from his participation in a shooting that occurred ... serious bodily injury to David Rivera. At trial, the State's evidence of the circumstances surrounding the shooting was introduced primarily through Rivera's testimony. According to Rivera, he and Cunningham were shot ...

docket:	a1722-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	90029

680 STATE OF NEW JERSEY v. BENJAMIN CAPERS -- rank: 642

... H. Park, Acting Union County Prosecutor, attorney for respondent (Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... Among the arguments presented in his direct appeal were defendant's contentions in a pro se supplemental brief that his counsel ... 216 N.J. 86 (2013). We did not address defendant's ineffective assistance of counsel claims, observing that, because they concerned ... POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY ... LEGAL REPRESENTATION FROM TRIAL COUNSEL AS A RESULT OF COUNSEL'S FAILURE TO PURSUE A WADE HEARING PRIOR TO TRIAL. C ... REPRESENTATION FROM TRIAL COUNSEL AS A RESULT OF TRIAL COUNSEL'S FAILURE TO CONDUCT AN ADEQUATE PRETRIAL INVESTIGATION WHICH WOULD ...

docket:	a5645-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-31
status:	unpublished
citation:
Document Size:	25587

681 State of New Jersey v. Darien Weston -- rank: 642

... appeal, the Court considers the circumstances under which a jury’s viewing of the pretrial, videotaped statements of certain witnesses constitutes ... then shoot him. As a result of Q.M.’s recantation, and the varying accounts D.C. offered in his ... been mistaken when he declined to object to the State’s proposal to give jurors access to those statements during deliberations ... except murder, carjacking, felony murder and aggravated assault. At defendant’s retrial on the remaining counts, Hunter, D.C., and Q ... coerced him into identifying defendant. The court denied the State’s request to allow D.C.’s pretrial statements to be allowed into evidence, but allowed ...

docket:	A-61-13
court:	NJ Supreme Court
decided:	2015-06-25
status:
citation:	222 N.J. 277 118 A.3d 331
Document Size:	96923

682 STATE OF NEW JERSEY v. RENARD JOSEPH -- rank: 642

... of three counts of first-degree armed robbery, N.J.S.A. 2C:15-1(b), and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a), and one count of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). On the armed robbery convictions ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and on the second-degree ... Luz Hernandez worked as a beautician. According to the State's proofs, Munroe saw a man, later identified by all three ... set. Reed, who had fallen asleep, was awakened by Hernandez's voice saying "what do you want?" She saw defendant ...

docket:	a5651-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-04
status:	published
citation:	426 N.J. Super. 204 43 A.3d 1233
Document Size:	133386

683 STATE OF NEW JERSEY v. MICHAEL O\'BRIEN -- rank: 642

... his second offense for driving while intoxicated ("DWI"), N.J.S.A. 39:4-50. His appeal concerns the municipal judge's denial of an extemporaneous request to adjourn the trial, a ... Briefly stated, on the evening of July 21, 2007, defendant's vehicle was stopped on Route 35 by an Aberdeen Township ... repeatedly and abruptly changing lanes and nearly striking the highway's cement barrier. Defendant was administered a breathalyzer test, and produced ... reckless driving, Sixth Amendment was violated by the municipal court's denial of an adjournment. Defendant principally relied upon the United States Supreme Court's opinion in United States v. Gonzalez-Lopez , 548 U. ...

docket:	a3500-07
court:
decided:	2009-05-15
status:	Unpublished
citation:
Document Size:	33855

684 STATE OF NEW JERSEY v. ROBERT BROWN -- rank: 642

... This appeal is from the denial of defendant Robert Brown's motion for post-conviction relief (PCR). Defendant was tried to ... seeks relief from convictions for first-degree robbery, N.J.S.A. 2C:15-1a(2), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. 1 After denying the State's motion for an extended-term sentence, the judge sentenced defendant ... supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2. On the remaining convictions, ...

docket:	a3398-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-12
status:	unpublished
citation:
Document Size:	42071

685 ROBERT MAGLIES v. ESTATE OF BERTHA GUY, et al. -- rank: 642

... SHERRI JENNINGS, Intervenor-Respondent. ___________________________________ Submitted February 28, 2006 - Decided July 14, 2006 Before Judges Skillman, Axelrad and Payne. On appeal from ... housing assistance program is entitled to succeed to the decedent's tenancy rights under the statutes and regulations governing the Section ... member is not entitled to succession rights to the decedent's tenancy under either federal or state law. Bertha Guy rented ... Section 8 subsidy paying the remaining $414. In 2001, Guy's daughter, intervenor Sherri Jennings, moved into the apartment. Jennings was ... for April 2005. When Jennings subsequently attempted to tender Guy's share of the rent, plaintiff refused to accept it because ... from taking care of herself or the apartment. After Guy's death, Jennings moved her twenty-five-year-old daughter ...

docket:	a5721-04
court:	njappellate
decided:	2006-07-14
status:	published
citation:	*CITE_PENDING*
Document Size:	59402

686 STATE OF NEW JERSEY v. JOSHUA D. GRAY -- rank: 642

... by a jury for second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) and the sentence imposed by ... defendant presents these issues for our review: POINT I DEFENDANT'S CONVICTION SHOULD BE REVERSED BECAUSE THE TRIAL COURT ENGAGED IN A "PROHIBITED PRACTICE" THAT VIOLATED DEFENDANT'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND TO AN ... THE TRIAL COURT ABUSED ITS DISCRETION AND VIOLATED THE DEFENDANT'S CONSTITUTIONAL RIGHT TO COMPULSORY PROCESS IN PRECLUDING THE DEFENDANT FROM ... N.J.R.E. 404(B). POINT III THE DEFENDANT'S CONVICTION SHOULD BE REVERSED BECAUSE THE TRIAL COURT'S JURY CHARGE WAS INADEQUATE (NOT RAISED BELOW). (A) THE ...

docket:	a4184-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	48625

687 STATE OF NEW JERSEY v. OMAR BRIDGES -- rank: 642

... first- degree attempted murder of a police officer, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one); second-degree aggravated assault of a police officer, N.J.S.A. 2C:12-1(b)(1) (count two); third- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); second-degree possession ... a weapon, a handgun, for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count six); second-degree possession of an assault weapon, N.J.S.A. 2C:39-5(f) (count seven); and third- ...

docket:	a0281-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-29
status:	Unpublished
citation:
Document Size:	27143

688 STATE OF NEW JERSEY v. RICKY WILLIAMS -- rank: 639

... MINOVICH DENIED DEFENDANT A FAIR TRIAL AND THE TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION FOR A MISTRIAL REGARDING SAID TESTIMONY WAS ERROR. POINT TWO THE TRIAL COURT ERRED BY DENYING DEFENDANT'S JUDGMENT OF ACQUITTAL AND NEW TRIAL MOTIONS. POINT THREE OFFICER ... BOLSTERED THE CREDIBILITY OF LIEUTENANT MINOVICH. POINT FOUR DETECTIVE HOLLOWAY'S EXPERT OPINION USURPED THE ROLE OF THE JURY. POINT FIVE ... HOLLOWAY IMPROPERLY BOLSTERED THE FACT WITNESSES. POINT SIX OFFICER DUMANGYNE'S TESTIMONY DENIED DEFENDANT A FAIR TRIAL. POINT SEVEN THE TRIAL ... and the applicable legal standards. We affirm. I. On June 14, 2007, defendant and co-defendant Ismael Binbow were arrested ...

docket:	a3960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	70450

689 STATE OF NEW JERSEY v. K.S. -- rank: 639

... 3693-06T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. K.S., Defendant-Appellant. ________________________________ Argued: November 18, 2009 ­ Decided: March 11, 2010 ... of counsel and on the brief). PER CURIAM Defendant K.S. appeals from an amended judgment of convic- tion of first-degree aggravated sexual assault contrary to N.J.S.A. 2C:43-7.2, was imposed; second-degree sexual ... of a victim under thirteen years contrary to N.J.S.A. 2C:14-2b, merged for sentencing pur- poses into the first-degree ... welfare of a child in his custody contrary to 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. ...

docket:	a3693-06
court:	superior court appellate division
decided:	2010-03-11
status:	Unpublished
citation:
Document Size:	42541

690 Riegel Products Corp. v. Milford Bor. -- rank: 639

... 1990, 1991 and 1992 real property tax assessments on Taxpayer's paper manufacturing facility located on Frenchtown Road at its intersection ... years 1990 and 1991 seeking an increase of the property's assessment. The assessments in issue are: * 1990 & 1991 1992 Land ... Director of Taxation for Milford Borough pursuant to N.J.S.A . 54:1-35.1 et seq. for the applicable ... the close of trial, Taxpayer moved to dismiss Taxing District's 1990 and 1991 counterclaims on the ground that Taxing District ... the Delaware River in Milford Borough, Hunterdon County. The property's shape is irregular with frontage of approximately 1,000 feet ... Office 60,871 7% Warehouse 353,498 40.6% Manufacturing 388,313 44.6% Cogeneration 1,820 .2% Service 65, ...

docket:	03564-90
court:
decided:	1994-01-11
status:
citation:	13 N.J. Tax 546
Document Size:	94569