Search Rutgers Law Library N.J. Court Opinions

121 STATE OF NEW JERSEY v. KEVIN R. McGUIRE -- rank: 634

... from his convictions for driving under the influence, N.J.S.A. 39:4-50, and an improper lane change, N.J.S.A. 39:4-88(b). Defendant argues that his convictions ... conference was adjourned due to the unavailability of a State's witness, a State Police Officer. On January 6, 2011, a ... May 18, 2011. The trial was adjourned as the State's laboratory technician was unavailable. The trial took place on November ... conviction. The motion to dismiss requested a stay of defendant's sentence. On February 14, 2013, the municipal court determined it lacked jurisdiction due to defendant's appeal pending in the Superior Court. On February 22, ...

docket:	a2026-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-23
status:	unpublished
citation:
Document Size:	27883

122 STATE OF NEW JERSEY v. ALIONY PEREZ -- rank: 634

... William A. Daniel, Union County Prosecutor, attorney for appellant (Milton S. Leibowitz, Assistant Prosecutor, of counsel and on the brief). The ... matter, we consider the July 22, 2021 order granting defendant's motion to dismiss the indictment for lack of a speedy ... second- degree unlawful taking of a police weapon, N.J.S.A. 2C:12-11; third-degree resisting arrest, N.J.S.A. 2C:29-2(a); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). Arraignment, originally scheduled for September ... an adjournment of a November scheduled court appearance. During defendant's next court appearance on December 4, he was intoxicated ...

docket:	a3659-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	21099

123 STATE OF NEW JERSEY v. JOSEPH POLIZZI -- rank: 631

... PER CURIAM Defendant Joseph Polizzi appeals from the Law Division's April 30, 2010 order dismissing his petition for post-conviction ... hundred guests at the party. During the party, K.H.'s uncle became ill and was taken to the hospital. K ... interview with State Police Detective Kevin Milbourne. While K.H.'s uncle was being treated, a man later identified as Polizzi ... cigarette and drank the beer." Polizzi then took K.H.'s bathing suit off, put her on the ground, restrained her ... her body. Polizzi rubbed the baby oil on K.H.'s "chest and vaginal area." K.H. was unable to pry ... an hour. Someone at the gas station contacted K.H.'s parents. He told the police that K.H. was " ...

docket:	a0893-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-20
status:	unpublished
citation:
Document Size:	61334

124 STATE OF NEW JERSEY v. ROBERT F. GIORDANO JR -- rank: 631

... the indictment, first-degree knowing or purposeful murder, N.J.S.A. 2C:11-3, and defendant was sentenced to life ... App. Div. June 29, 2005). The Supreme Court denied defendant's petition for certification on November 10, 2005. State v. Giordano ... ESTABLISHED A PRIMA FACIE CASE OF INEFFECTIVENESS OF TRIAL COUNSEL'S FAILING TO PURSUE A DIMINISHED-CAPACITY DEFENSE. POINT II DEFENDANT ... MANDATING THAT HIS CONVICTION BE REVERSED. POINT III THE STATE'S USE OF DEFENDANT'S SILENCE VIOLATED HIS STATE LAW RIGHT AGAINST SELF-INCRIMINATION, THEREBY ... THAT HIS CONVICTION BE REVERSED. POINT IV IF THE STATE'S USE OF DEFENDANT'S SILENCE VIOLATED HIS STATE LAW ...

docket:	a0590-08
court:	superior court appellate division
decided:	2010-10-06
status:	unpublished
citation:
Document Size:	62071

125 STATE VS FERNANDO AGUIRRE -- rank: 628

... illegitimate reason for delay. We thus reverse the Law Division's order and reinstate the indictment. I.     After receiving information from ... handwritten notes contained only one specific reference relevant to defendant's case.     On August 9, 1994, a complaint and warrant were filed seeking defendant's arrest. Defendant's name was fed into the NCIC computer as "a wanted ... jury indicted defendant for second degree distribution of cocaine ( 431 U.S. 783, 789, 97 S.Ct. 2044 , 2048, 52 L. ...

docket:	a6712-94
court:	njappellate
decided:	1996-01-26
status:	published
citation:	287 N.J.Super. 128
Document Size:	20224

126 STATE OF NEW JERSEY v. ELIAS CANO -- rank: 628

... assault to a forensic interviewer at the Passaic County Prosecutor's Office and her statement was video recorded. That video was ... by the jury three separate times during deliberations. Defendant contend s the trial court failed to follow procedural safeguards outlined by ... year-old son E. and infant daughter A. L.M.'s sister, J.E., also lived with them. A.G. and ... M. and all the children, including some of A.G.'s children, to church on Sundays and other outings. On August ... V. met with a detective in the Passaic County Prosecutor's Office on August A-0101-20 3 9, 2018. On ... Giselle Henriquez, a child forensic interview specialist with the prosecutor's office who had previously interviewed A.V. in connection ...

docket:	a0101-20
court:	NJ Superior Court Appellate Division
decided:	2024-03-01
status:	Unpublished
citation:
Document Size:	49531

127 STATE OF NEW JERSEY v. EDWARD LYNCH -- rank: 625

... of first degree attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count seven); second degree possession of ... weapon for an unlawful purpose, in violation of N.J.S.A. 2C:43-7.2. Count ten was merged into ... II. THE TRIAL COURT ERRED BY NOT GRANTING MR. LYNCH'S MOTION FOR A MISTRIAL AFTER THE ASSISTANT PROSECUTOR'S IMPROPER REMARKS DURING SUMMATION. III. THE TRIAL COURT ERRED IN NOT GRANTING MR. LYNCH'S MOTION FOR A NEW TRIAL AS THE VERDICT WAS ...

docket:	A3819-02
court:	NJ Superior Court Appellate Division
decided:	2007-05-21
status:	unpublished
citation:
Document Size:	102590

128 STATE OF NEW JERSEY v. EDDIE GONZALEZ -- rank: 625

... of the petty disorderly persons offense of harassment, N.J.S.A. 2C:33-4(b). See R. 3:23. As ... until September 4, 2002. At the close of the State's case on November 25, 2003, the municipal court judge granted defendant's motion to dismiss based on the State's failure to prove the date of the incident. On February ... the municipal court, on March 23, 2004, granted the State's motion for an extension and directed the State file its ... the next twenty days. On May 18, 2004, the State's appeal was dismissed for lack of prosecution; the State ...

docket:	a1597-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-10
status:	unpublished
citation:
Document Size:	26940

129 STATE V. RIGOBERTO MEJIA -- rank: 625

... and that if the jury was not unanimous on Mejia's intent, then Mejia would not be subject to the death ... the defendant of murder without unanimously agreeing on whether defendant's intent was to kill. Should the jury not be unanimous on a defendant's intent, the defendant is not eligible for the death sentence ... to kill, are death-eligible. At the time of Mejia's offense, however, only a defendant who intended to kill would ... v. Gerald , 113 N.J. 40 (1988). The trial court's charge essentially required the jury to deliberate sequentially and to ... not adequately inform the jury that the determination of Mejia's intent could also determine whether Mejia would live or ...

docket:	a-4-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 475
Document Size:	130861

130 STATEOF NEW JERSEY v. ERICK P. UZCATEGUI -- rank: 625

... Deputy Public Defender, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Steven A. Yomtov, Deputy ... northbound on the Garden State Parkway in Toms River. Defendant's BMW collided with the back of a Jeep Cherokee driven ... his arrival at 3:47 a.m., Herr observed defendant's BMW on the right shoulder of the roadway, with damage to its front end and driver's side. Herr also observed Marles's Jeep overturned and engulfed in flames, in the woods to ... defendant to Community Medical Center in Toms River so defendant's blood could be drawn. Herr left the accident scene ...

docket:	a4388-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	143209

131 GARVIN MCKNIGHT v. OFFICE OF THE PUBLIC DEFENDER, et al. -- rank: 625

... 2007 - Decided Before Judges Stern, A.A. Rodríguez and C.S. Fisher. On appeal from the Superior Court of New Jersey ... Civil Part, Mercer County, Docket No. L-3152-05. Kenneth S. Thyne argued the cause for appellant (Roper & Twardowsky, attorneys; Mr ... A.D. In this appeal, we consider when a plaintiff's malpractice action against his criminal defense attorney accrues and whether ... dispute with his girlfriend and was indicted. The Public Defender's Office assigned Kevin Walshe, Esq., to represent plaintiff and, based upon Walshe's advice, plaintiff pled guilty on July 26, 2000 to third ... concluding that the effect of a plea on a defendant's immigration status was a collateral consequence, citing State v. ...

docket:	a5527-05
court:	njappellate
decided:	2007-12-31
status:	published
citation:	397 N.J.Super. 265
Document Size:	146598

132 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 625

... orders appealed from are final because, ultimately, all of plaintiff's claims against all remaining parties were disposed of. We affirm ... as City Cemetery but was also referred to as Potter's Field, a burial ground for indigent persons. Plaintiff learned of her father's death from a newspaper but was never told where he ... is her brother, tried for years to locate their father's grave. In the 1960s they visited the Hall of Records ... Newark, in search of details. These efforts were unsuccessful. Plaintiff's sister also hired a detective to locate their father's grave, but the detective provided no information.     Ultimately, plaintiff ...

docket:	A1438-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	353 N.J. Super. 475 793 A.2d 731
Document Size:	92195

133 /usr/local/share/www/libweb/collections/courts/appellate/a3558-16.opn.html -- rank: 622

... CURIAM Defendant Carroll T. Quinn appeals from the Law Division's March 22, 2017 order finding him guilty on trial de ... of refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a (refusal statute), and failure to maintain a lane, N.J.S.A. 39:4-82. For the reasons that follow, we ... not injured. Schomp detected the odor of alcohol on defendant's breath and noticed defendant's eyes were bloodshot. Due to weather conditions, Schomp transported defendant ... conducted a series of field sobriety tests in the station's sally port. Defendant slurred his speech but was able ...

docket:
court:
decided:
status:
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Document Size:	22672

134 NAGUIB GEO SEDAROUS V. NAHED SEDAROUS -- rank: 622

... A-1137-94T5 NAGUIB GEO SEDAROUS, Deceased,         Plaintiff,     v. NAHED S. SEDAROUS,         Defendant-Third Party         Plaintiff/Appellant,     v. FOUAD GIRGIS,         Third ... was delivered by PRESSLER, P.J.A.D.      N.J.S.A. 2A:34-25, as amended by L. 1988, c ... under the Federal Employee Group Life Insurance Act (FEGLIA), 5 U.S.C.A. §§ 8701-8716, may be the subject of a state court order pursuant to N.J.S.A. 2A:34-25 or whether FEGLIA preempts any state ... not in dispute. Plaintiff Naguib Geo Sedarous and defendant Nahed S. Sedarous were married in 1974. They had no children. ...

docket:	a1137-94
court:	njappellate
decided:	1995-11-08
status:	published published
citation:	285 N.J.Super. 316
Document Size:	30701

135 STATE OF NEW JERSEY v. OLAJUWAN HERBERT -- rank: 619

... principally contends his trial was irremediably tainted by a detective's reference to defendant's alleged gang membership, and by eyewitnesses' statements that they had ... afraid to testify or identify themselves. The court sustained defendant's objection to the comment about gang membership, but denied his ... We conclude a new trial is required because the court's instructions were inadequate to cure the prejudice caused by the ... saw Alberto Torres, a cousin of hers and the victim's, fight with defendant at the playground. Torres got the better ... although she did not actually see a gun in defendant's hand. Arce testified that she saw defendant and the ...

docket:	a5096-14
court:	NJ Superior Court Appellate Division
decided:	2019-01-10
status:	Published
citation:	457 N.J.Super. 490 201 A.3d 691
Document Size:	55706