Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY v. CLAYTON MARSHALL -- rank: 757

... appeals from a Law Division order granting defendant Clayton Marshall's petition for post-conviction relief (PCR). Following an evidentiary hearing, the judge vacated defendant's conviction and allowed him to withdraw his guilty plea after ... argues: POINT I THE TRIAL COURT ERRED BY GRANTING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT MAKING SPECIFIC FINDINGS THAT ... NEGLECT, BY APPLYING THE WRONG LEGAL STANDARD IN ANALYZING DEFENDANT'S INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM FOR FAILING TO ADVISE HIM ... on the immigration issue. B. At the time of defendant's guilty plea of 1997, defense counsel had no heightened obligation ... and distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5a(1). The State agreed to ...

docket:	a6075-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-09
status:	unpublished
citation:
Document Size:	48131

62 State of New Jersey in the Interest of J.G., N.S. and J.T. -- rank: 757

... of New Jersey in the Interest of J.G., N.S. and J.T. (A-74-96) Argued January 6, 1997 ... J., writing for a unanimous Court.     Juveniles J.G., N.S., and J.T. challenge the constitutionality of N.J.S.A. 2C:43-2.2 and Fourth Amendment of the ... months from the date of infection to detect the body's immunological response, with the result that, during this “window period ... violated the juveniles' rights under the Fourth and Fourteenth Amendment s of the United States Constitution.     The Appellate Division reversed. The ... the treatment community. The panel concluded that the individual defendant's interest in preventing a bodily intrusion and disclosure of ...

docket:	a-74-96
court:	njsupreme
decided:	1997-09-25
status:
citation:	151 N.J. 565
Document Size:	85622

63 STATE OF NEW JERSEY v. LARRY R. HENDERSON -- rank: 754

... the other man was a stranger. According to the State’s evidence, Clark shot Harper while the stranger held a gun ... pre-trial Wade hearing to determine the admissibility of Womble’s identification of defendant. That hearing revealed that the identification procedure ... though Detective Weber was “nudging” him to choose defendant’s photo, and that there was pressure to make a choice ... admissibility of the eyewitness identification. See Manson v. Brathwaite , 432 U.S. 98, 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977); State ...

docket:	a-8-08
court:	NJ Supreme Court
decided:	2009-02-26
status:
citation:	208 N.J. 208 27 A.3d 872
Document Size:	303807

64 STATE OF NEW JERSEY v. LAQUAWN HILL -- rank: 754

... of a weapon for unlawful purposes, and armed robbery, 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). We disagree ... robbery, got away. When later shown photo arrays including defendant's photograph, one of the victims could not make an identification ... afternoon of September 18, 2005, he was at his mother's New Brunswick home with his stepfather and defendant. Without having ... name in it. Subsequently, the Family Part judge rejected Emendo's plea agreement because Emendo got into a fight with ...

docket:	A0338-07
court:	NJ Superior Court Appellate Division
decided:	2008-03-13
status:	unpublished
citation:
Document Size:	94769

65 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 754

... a girl, then nine years old (count one), N.J.S.A. 2C:24-4a. The judge merged counts two, three ... to trial, the judge conducted hearings on: (1) whether defendant's confession was knowing and voluntary pursuant to the Miranda rule ... trial in addition to her testimony. The judge denied defendant's motion to suppress his confession to the police and found ... mother were interviewed by investigators from the Burlington County Prosecutor's Office. Investigator Dawn Cooper conducted the interview and Investigator Michael ... At a pre-trial hearing on the admissibility of defendant's taped confession, the judge found that defendant's rights had not been violated because defendant was read ...

docket:	a5672-04
court:	njappellate
decided:	2007-09-06
status:	published
citation:	396 N.J. Super. 72
Document Size:	75133

66 Statev. Larry R. Henderson -- rank: 754

... the other man was a stranger. According to the State’s evidence, Clark shot Harper while the stranger held a gun ... pre-trial Wade hearing to determine the admissibility of Womble’s identification of defendant. That hearing revealed that the identification procedure ... though Detective Weber was “nudging” him to choose defendant’s photo, and that there was pressure to make a choice ... admissibility of the eyewitness identification. See Manson v. Brathwaite , 432 U.S. 98, 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977); State ...

docket:	a-8-08_1
court:	superior court trial
decided:	2011-08-24
status:
citation:
Document Size:	303175

67 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 754

... of counsel and on the brief; Ms. Van Wyk, Lawrence S. Lustberg and Jonathan L. Hafetz, Designated Counsel, on the briefs ... A. Valentin, Monmouth County Prosecutor, attorney; Nancy A. Hulett, Kathleen S. Bycsek, and Patricia B. Quelch, Assistant Prosecutors, of counsel; Ms ... 151 N.J. 326, 341-42 (1997), cert. denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). On May ... each other. Id. at 341, 347, 405-06. On defendant's direct appeal, the Supreme Court affirmed the murder conviction ...

docket:	a2810-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-07
status:	unpublished
citation:	410 N.J. Super. 43 979 A.2d 792
Document Size:	188772

68 In the Matter of the Adoption of a Child by W.P. and M.P. -- rank: 754

... after a child is adopted by non-relatives, the child's biological grandparents can compel visitation with the child under the Grandparent Visitation Statute, N.J.S.A . 9:2-7.1, if the adoptive parents oppose ... public policy of the New Jersey Adoption Act, N.J.S.A. 9:3-37 to -56.     The child, V, was ... to either parent, and subsequently signed a consent for V's adoption. At the time, V's father, TS, was incarcerated. The Ps filed a complaint for ... violence restraining order against him, which remains in effect. TS's parental rights were terminated over his objection; the decision ...

docket:	a-124-98
court:	njsupreme
decided:	2000-04-06
status:
citation:	163 N.J. 158
Document Size:	109744

69 Gerald McCann v. Clerk of the City of Jersey City and Louis Manzo -- rank: 748

... J., writing for a majority of the Court.     The Court's opinion in this matter is issued to supplement its April ... was required to forfeit his office pursuant to N.J.S.A. 2C:51-2d, and under the Faulkner Act, N.J.S.A. 40:69A-166. The Criminal Code disqualifies from public ... office. The Law Division rejected both of the City Clerk's arguments for disqualifying McCann and ordered the Clerk to process ... statute in the Criminal Code did not apply to McCann's offenses because those offenses occurred while McCann was in the ... disqualification provision contained in the Faulkner Act would bar McCann's candidacy if it were enforceable but, relying on Matthews ...

docket:	a-92-00_1
court:
decided:	2001-06-01
status:
citation:	167 N.J. 311
Document Size:	87543

70 State of New Jersey v. Demetrius C. Cope -- rank: 748

... testimony. he and five other police officers went to defendant’s apartment to execute a warrant for his arrest. Sergeant Brintzinghoffer ... kick in the door unless defendant answered. April Grant, defendant’s adult daughter, opened the door. Sergeant Brintzinghoffer and another officer ... The trial court found the sergeant credible and denied defendant’s motion to suppress on the basis that he conducted a ... guarding the rear of the apartment, recalled seeing the porch’s sliding glass door open, its screen door come crashing down ... placed the rifle on his porch without his knowledge. Defendant’s daughter testified that the balcony was cluttered and that defendant ... second Rule 104 hearing at the conclusion of the State’s case to determine the admissibility of Santiago’s notarized ...

docket:	A-13-14
court:	NJ Supreme Court
decided:	2016-04-25
status:
citation:	224 N.J. 530 135 A.3d 562
Document Size:	96129

71 State v. Jacinto K. Hightower -- rank: 745

... up, cried out, and again refused to comply with defendant's demands to open the cash register. Defendant shot Ms. Barlieb ... third time, in the head. A customer discovered Ms. Barlieb's body in the store's dairy freezer a short time later.     Defendant was convicted of ... trial in 1990. The reversal was based on the State's concession that the trial court erroneously charged the jury to ... juror misconduct that exposed the jury to extraneous influences, defendant's death sentence is reversed, and the matter is remanded for ... improperly expanded the scope of R . 1:8-2(d)'s inability-to-continue standard when it removed the offending ...

docket:	a-22-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 239
Document Size:	115509

72 State v. Alexander Branch -- rank: 745

... Court. This appeal involves a challenge to the trial court’s admission of a police detective’s hearsay testimony. Defendant, Alexander Branch, was charged in a Union ... heard screams coming from the upstairs bedroom of O’Nieal’s seven-year-old twins, John and Juliana. Within moments, a ... a gap between his teeth” and dirty hands. The children’s statements were admitted as “excited utterances” pursuant to N.J ... identifiable fingerprint lifted from the house matched any of Branch’s. A week after the robbery, Gannon and O’Nieal were ... facial hair. Both Gannon and O’Nieal independently selected Branch’s photograph as that of the intruder. At trial, both ...

docket:	a-78-03
court:	njsupreme
decided:	2005-02-01
status:
citation:	182 N.J. 338
Document Size:	101477

73 Roy M. Victor v. State of New Jersey -- rank: 745

... adverse employment consequence is an essential element of a plaintiff’s claim that his employer discriminated against him by failing to ... to the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff began his career ... a functional capacity test, was cleared medically by a worker’s compensation doctor and a division physician, and was returned to ... Commander and the only officer authorized to alter a trooper’s duty status, told plaintiff that he could not remain at ... a back injury on the disputed day in December. Plaintiff’s failure to accommodate claim relates only to the four-hour ... reference to adverse employment consequence as an element of plaintiff’s proofs. The jury returned a split verdict. The jury ...

docket:	a-2-09
court:	New Jersey Supreme Court
decided:	2010-09-13
status:
citation:	203 N.J. 383 4 A.3d 126
Document Size:	138451

74 LANCO, INC. v. DIRECTOR, Division of Taxation, -- rank: 742

... a foreign corporation to the Corporation Business Tax ( N.J.S.A . 54:10A-1 et seq ., “the CBT”), where ... utilize the intangible property in the conduct of Lane Bryant’s retail operations, including those in New Jersey, and in return ... the leading case of Complete Auto Transit v. Brady , 430 U.S. 274, 97 S. Ct. 1076, 51 L. Ed. 2d 326 (1977), the Supreme ... taxation of interstate commerce is permitted under the Commerce Clause. U.S. Const. art. I, § 8, cl. 3. The ...

docket:	05329-97
court:
decided:	2003-10-23
status:
citation:	21 N.J. Tax 200
Document Size:	66048

75 Dr. Leo Troy, et als. v. Rutgers, the State University -- rank: 742

... commencement.     In March 1992, David Hosford, Dean of Rutgers-Newark's Faculty of Arts and Sciences, informed plaintiffs that unless they ... the matter to the Law Division to address the University's argument that the alleged individual agreements were superseded by the ... 15) 3. Because plaintiffs did not assert that the University's actions towards other CY appointees were communicated to the workforce ... the evidence offered by plaintiffs in respect of the University's past actions generally would not support a claim under Woolley ... public employers. Justice Verniero further did not consider the Court's reliance on Shebar v. Sanyo Business Systems Corp. , 111 N ... PORITZ and JUSTICES STEIN and LONG join in JUSTICE ZAZZALI's opinion. JUSTICE VERNIERO has filed a separate concurring opinion ...

docket:	a-17-00
court:	njsupreme
decided:	2001-06-20
status:
citation:	168 N.J. 354
Document Size:	93719