Search Rutgers Law Library N.J. Court Opinions

46 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 777

... subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped ... he was arrested. An Alcotest machine later indicated that defendant’s blood alcohol content was .12 percent. Defendant was issued a ... seek more than 180 days’ incarceration. The court denied defendant’s request, and, after a bench trial, found him guilty of ... failure to observe a traffic signal. In light of defendant’s prior convictions, he was sentenced, on the DWI conviction, to ... day jail term, as well as a ten-year driver’s license suspension followed by two years of using an ignition ... jury trial. The Appellate Division affirmed. Relying on this Court’s decision in State v. Hamm , 121 N.J. 109 ( ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	212375

47 Robert Oberhand v. Director, Division of Taxation -- rank: 777

... appeal are whether the July 2002 amendment to N.J.S.A. 54:38-1, which was made retroactive to January ... 2002, amended the New Jersey estate tax law, N.J.S.A. 54:38-1 (the Amendment). The Amendment provided that ... 1,000,000 beginning January 1, 2002, after Mrs. Oberhand’s death in March 2002, the formula in her Will required ... Mrs. Seidner, as Executor and Executrix of their respective spouse’s estates, filed separate complaints in the Tax Court contesting the Director’s assessment. In both matters, the Tax Court determined that the ... 255 (2007). HELD : The July 2002 Amendment to N.J.S.A. 54:38-1 applies to the estates, but ...

docket:	a-106-06
court:
decided:	2008-02-27
status:
citation:	193 N.J. 558
Document Size:	101196

48 State v. Reginald Roach -- rank: 773

... the Court. In this appeal, the Court considers whether defendant’s confrontation rights were violated by the testimony of an analyst who matched defendant’s DNA profile to DNA evidence left by the perpetrator at ... the basis for the DNA profile developed from the perpetrator’s evidence. The police identified E.A. as a suspect and ... forensic scientist with the DNA Department, received H.H.’s sexual assault kit and the buccal swabs taken from H ... their respective buccal swabs. She concluded that E.A.’s DNA profile did not match that of the male contributor ... DNA profiles, and stating her conclusion that E.A.’s DNA profile did not match that of the perpetrator. ...

docket:	A-129-11
court:	NJ Supreme Court
decided:	2014-08-01
status:
citation:	219 N.J. 58 95 A.3d 683
Document Size:	131901

49 State v. Shawn Smith -- rank: 773

... the discovery of the cocaine was lawfully based on Walker's consent. The trial court further found that the lawful discovery ... held that Smith had no expectation of privacy in Walker's apartment that would support a claim that the search violated his constitutional rights.     The Supreme Court granted Smith's petition for certification. HELD: Because the police did not have ... veracity of the informant and the basis of the informant's knowledge. In addition, corroboration is necessary to ratify the informant's veracity. Although there was some evidence to support the informant's veracity, the record did not disclose information that supported ...

docket:	a-32-97
court:	njsupreme
decided:	1998-07-16
status:
citation:	155 N.J. 83
Document Size:	51375

50 STATE OF NEW JERSEY v. STEPHEN WORTMAN -- rank: 773

... first-degree aggra­vated sexual assault, contrary to N.J.S.A. 2C:14-2a(7), and third-degree distribution of Oxycodone, Phenobarbital, or Temazepam, contrary to N.J.S.A. 2C:35-5a(1) and -5b(5). Because the record does not support the judge's determination that defendant had knowingly and intelligently waived counsel, we ... the motel on October 4, 2002, with her two daughters. S.M. is P.M.'s sister-in-law. S.M. and P.M. had a "good relationship," and ...

docket:	a3403-06
court:	superior court appellate division
decided:	2011-01-21
status:	Unpublished
citation:
Document Size:	148799

51 Vega v. Piedilato -- rank: 770

... be fully realized.” The trial court further found that Samuel's actions were reckless and did not fall under the terms ... of this patently obvious danger.”     The Supreme Court granted Vega's petition for certification. HELD: The Court's decision in Brett did not modify the infant-trespasser rule ... divide between the two rooftops. 1. Although an injured party's status as an invitee, licensee, or trespasser defines the extent of a landowner's tort liability, foreseeability of harm is one constant that plays a significant role in fixing a landowner's duty. (pp. 5-6) 2. New Jersey has joined ...

docket:	a-45-97
court:	njsupreme
decided:	1998-06-23
status:
citation:	154 N.J. 496
Document Size:	106027

52 HUNY BH ASSOCIATES, INC v. AVI SILBERBERG -- rank: 770

... Silberberg ('Yael') — although other family members, most notably Yael's husband, Avi Silberberg, and various professionals have entered the fray ... into it. At this point, the dispute mainly involves Yael's claims to the assets of an inter vivos trust Daniel ... issued after a lengthy bench trial, the court denied Yael's claims to the trust assets and granted in part and ... placed its assets into a second trust that limits Yael's rights to its assets. The court also denied her breach ... custodial accounts in its entirety. She also challenges the court's judgment by raising issues involving personal jurisdiction, her right to ... 5 wealth plan, they formally placed property in their children's names or in trusts for their children, but routinely ...

docket:	a1696-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-27
status:	Unpublished
citation:
Document Size:	148288

53 State v. William E. Stott -- rank: 767

... appeal, the Court is called upon to evaluate a person’s right to be free of unreasonable searches and the right ... off the area by posting a police guard outside Stott’s room, locking the door, and permitting entry only by persons authorized by investigators of the Camden County Prosecutor’s Office. Hilliard’s body was removed from the room shortly after 10:00 ... post at 10:25 a.m., the door to Stott’s room remained locked, and only a few staff persons had ... the so-called day room. A detective from the Prosecutor’s Office interviewed many of the patients there, including Anthony ...

docket:	a-88-00
court:	njsupreme
decided:	2002-04-04
status:
citation:	171 N.J. 343
Document Size:	91470

54 STATE OF NEW JERSEY v. TYRELL JACKSON -- rank: 767

... Dricketts, defendant was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2); second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(a); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(a). On September 16, 2011, after ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In an unpublished opinion, we affirmed defendant's convictions and sentence, and our Supreme Court denied certification. State ... stemmed from the shooting death of Dana Reid. The State's theory was that defendant was engaged in a drug- ...

docket:	a1652-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	100944

55 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 764

... consider the juvenile offender sentencing factors enumerated in Miller, 567 U.S. at 477-78. The record demonstrates that defendant has remained ... defendant 'still fails to appreciate 1 Miller v. Alabama, 567 U.S. 460 (2012). 2 A-4368-19 risks and consequences, and ... 1981. Later that month, the trial court granted the State's motion to waive defendant to adult court. The waiver statute ... would constitute homicide . . . if committed by an adult,' N.J.S.A. 2A:4-48, and 'together with the absence ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

56 STATE OF NEW JERSEY v. ABDIEL F. AVILA -- rank: 764

... first count charged first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on a specific ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, on that same date, arising out ... Count three charged first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on various dates ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, on various dates during that same ... an extended term as a persistent offender, see N.J.S.A. 2C:44-3c and N.J.S.A. 2C:43-7a(2), of seventy-five years ...

docket:	a5729-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	57164

57 State of New Jersey v. Kenneth Guenther -- rank: 764

... lived in the same household and acted as D.F.'s stepfather at the time of the alleged offenses. On the ... sexual abuse by her neighbor was a lie. The prosecutor's investigation was completed on July 1, 1999, with no charges ... false accusation to be used to impeach a victim-witness's credibility will promote fairness in the trial process and is ... reputation, or a prior criminal conviction to attack a witness's credibility by establishing the witness's character for untruthfulness. However, evidence of specific instances of conduct ... of prior instances of untruthful conduct to impeach the witness's credibility, but the auxiliary policies regarding unfairness to the ...

docket:	a-102-02
court:
decided:	2004-08-09
status:
citation:	181 N.J. 129 854 A.2d 308
Document Size:	155229

58 State v. Jerry Black -- rank: 761

... appeal is whether, in view of the revocation of Black's parole by the Parole Board, Black's criminal prosecution for absconding from parole is barred by principles ... was indicted for absconding from parole pursuant to N.J.S.A. 2C:29-5b in February 1993.     Black, who had ... guilty to the absconding charge in return for the State's agreement to recommend a three-year sentence to be served ... the Parole Board issued a Notice of Decision revoking Black's parole and ordering him to complete the remaining 337 days ... October 6, 1995. The Appellate Division rejected both of Black's contentions. The Supreme Court granted his petition for certification. ...

docket:	a-53-97
court:	njsupreme
decided:	1998-05-14
status:
citation:	153 N.J. 438
Document Size:	69604

59 State v. Tysen R. Privott -- rank: 757

... Privott, matched the physical description relayed by the dispatcher. Privott's jacket was open and he wore a long white tee ... link fence. Defendant fully cooperated. Officer Plum then lifted defendant's shirt in the immediate area of his waistband where a ... and then lifted his shirt. The trial court denied defendant's motion to suppress the evidence seized in the search, finding ... suspicion to conduct an investigatory stop and that the officer's actions in lifting the tee-shirt were appropriate under the ... gun was not corroborated. The Supreme Court granted the State's petition for certification. HELD: Based on the totality of the ... and to frisk defendant Tysen R. Privott. However, the officer's conduct in lifting defendant's shirt exceeded the scope ...

docket:	a-7-09
court:	supreme
decided:	2010-06-29
status:
citation:	203 N.J. 16 999 A.2d 415
Document Size:	110744

60 State of New Jersey v. Timyan Cabbell -- rank: 757

... were provided the opportunity to cross-examine two key State’s witnesses, consistent with the confrontation-clause requirements of the Federal ... and causing its rear bumper to fall off. The State’s theory was that defendant Timyan Cabbell was driving the Honda ... the two handguns. One of the bullets penetrated the truck’s windshield, killing Paul almost immediately. A Union County Grand Jury ... trial was the identification of the shooters. Two key State’s witnesses were Karine Martin and Tyson Privott. Both witnesses gave ... presence of the jury to determine the admissibility of Martin’s out-of-court statement. To this point, defendants were not ... to cross-examine Martin before the jury. Outside the jury’s presence, the court expressed its belief that asking Martin ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312