Search Rutgers Law Library N.J. Court Opinions

151 STATE OF NEW JERSEY v. LOUIS WILLIAMS -- rank: 610

... found defendant guilty of purposeful or knowing murder, N.J.S.A. 2C:11-3a(1) and (2); possession of a handgun with an unlawful purpose, N.J.S.A. 2C:39-4a; unlawful possession of a firearm, N.J.S.A. 2C:39-5b; endangering an injured victim, N.J.S.A. 2C:12-1.2; automobile theft, N.J.S.A. 2C:20-3; hindering apprehension, N.J.S.A. 2C:29-3a(3); disturbing or desecrating human ...

docket:	a0198-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-11
status:	unpublished
citation:
Document Size:	141604

152 STATE OF NEW JERSEY v. WALTER J. SCHWENK -- rank: 610

... conviction for driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50(a). For the reasons that follow ... Police Department and charged with driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated within a school zone, N.J.S.A. 39:4-50(g); speeding, N.J.S.A. 39:4-98; failure to maintain lane, N.J.S.A. 39:4-88(b); and reckless driving, N.J.S.A. 39:4-96. After defendant's arrest, he ...

docket:	a5803-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	23315

153 In the matter of the Civil Commitment of R.F. -- rank: 610

... the Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38. At R.F.’s commitment hearing, the Honorable Serena J. Perretti, J.S.C., reviewed a number of documents, including expert reports, R.F.’s plea and sentencing transcripts, and statements from R.F., A ... and J.W. Although A.M. and J.W.’s statements described incidents of forcible sex, J.W.’s statement indicated that A.M. was in a consensual ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

154 STATE OF NEW JERSEY v. RICHARD BARD -- rank: 610

... following his conditional guilty plea to the amended disorderly person's offense of possession of marijuana, N.J.S.A. 2C:35-10(a)(4). He was sentenced to ... suppress. In a single point on appeal, he argues: DEFENDANT'S UNWILLINGNESS TO TALK TO THE POLICE DURING THE FIELD INQUIRY ... law, we conclude the totality of circumstances satisfied the State's burden to show the State Troopers had a reasonable articulable ... volume in the state" and, in the months preceding defendant's arrest, the Cumberland County Prosecutor's Office transmitted to the barracks "safety alerts with threats . . . ...

docket:	a1016-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-29
status:	unpublished
citation:	445 N.J.Super. 145 136 A.3d 938
Document Size:	43931

155 SOUTH SALEM STREET ASSOCIATES, LLC v. THE PLANNING BOARD OF THE TOWNSHIP OF MONTVILLE -- rank: 607

... Township deprived them of their property rights pursuant to 42 U.S.C. § 1983, and maliciously prosecuted them in a separate municipal ... of a Township ordinance. Plaintiffs appeal from the trial court's grant of summary judgment dismissing their claims, as well as from the court's refusal to permit them to amend their complaint to add ... claims, we recite the record in some detail. A. Plaintiff's Site Plan Approval South Salem and Delaware Hudson are the ... to the sale under duress and coercion because of Rosellini's alleged threats to rezone the property to remove the ...

docket:	a5401-06
court:	njappellate
decided:	2008-10-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82106

156 STATE OF NEW JERSEY v. WILLIAM SUAREZ -- rank: 601

... the subject of this appeal: first-degree murder, N.J.S.A. 2C:39-5b (count two); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-5b (count nine). The jury found defendant ... parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. On count two, the judge ... parole disqualifier consecutive to counts one and two. Therefore, defendant's aggregate sentence is seventy years imprisonment, of which he must ... POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION TO SUPPRESS BECAUSE SERGEANT PINHO'S INITIAL ENTRY INTO THE DEFENDANT'S APARTMENT WAS PRETEXTUAL ...

docket:	a6038-05
court:	njappellate
decided:	2008-03-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	126925

157 STATE OF NEW JERSEY v. EDWARD FORCHION -- rank: 601

... accordance with the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. He contends that the ... total of sixty-seven days of 'excludable time,' N.J.S.A. 2A:162-22(a), under the CJRA. We hold ... a case shall be indicted or tried' under N.J.S.A. 2A:162- 22(b) is de novo. We also ... the traditional deferential standard of review to the trial court's factual findings concerning the amount of time excluded. Applying these ... for second-degree and third-degree witness tampering, N.J.S.A. 2C:28- 5(a). The indictment was sealed and ... 2017, the indictment was unsealed. The State moved for defendant's pretrial detention on the charges of witness tampering, and ...

docket:	a0161-17
court:	NJ Superior Court Appellate Division
decided:	2017-09-13
status:	published
citation:	451 N.J.Super. 474 168 A.3d 1222
Document Size:	25169

158 STATE OF NJ V. MOREY MARCUS -- rank: 601

... 130 N.J. 484 , 509-10 (1993) (reaffirming New Jersey's continued use in most contexts of the "general acceptance by ... scientific community); compare Daubert v. Merrill Dow Pharmaceutical, Inc. , 509 U.S. 579 , 113 S. Ct. 2786 , 125 L. Ed.2d 469 , 482-83 (1993 ... the DNA print patterns of the bloodstains found on defendant's jeans matched the DNA print patterns of the bloodstains on the T-shirt used to cover the victim's body. This report also concluded that the frequency of ...

docket:	a4962-92
court:	njappellate
decided:	1996-10-17
status:	published
citation:	294 N.J.Super. 267
Document Size:	56446

159 STATE OF NEW JERSEY v. DUKE DUGUAY -- rank: 601

... finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, after a de novo review of ... also asked the municipal prosecutor to preserve the police department's videotape of defendant during the booking process. After receiving discovery from the municipal prosecutor, defendant's attorney noticed the State produced only sixteen minutes of the ... A-2204-20 2 minute observation period associated with defendant's booking process. According to the Alcotest operator, tape of the ... municipal prosecutor. On October 7, 2019, the prosecutor informed defendant's attorney the missing four-minutes from defendant's booking room video were no longer available. The DWI ...

docket:	a2204-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-01
status:	Unpublished
citation:
Document Size:	23841

160 ERG RENOVATION & CONSTRUCTION, LLC v. DELRIC CONSTRUCTION COMPANY, INC ERG RENOVATION & CONSTRUCTION, LLC v. DELRIC CONSTRUCTION COMPANY, INC -- rank: 601

... Defendant Delric Construction Company, Inc. (Delric) appeals the Law Division's November 21, 2013 orders that denied its application to vacate ... to confirm the award. ERG cross-appeals from the court's January 31, 2014 order denying its request for counsel fees ... performance of the work may, at Delric Construction Company, Inc.'s sole option, be decided in binding arbitration administered by the ... fees and arbitrator compensation, subject to reallocation in the arbitrator's award. . . . . 24.3 When the Subcontract is signed by Delric ... February 11, 2011, Delric sent ERG a notice terminating ERG's involvement in the project and directing it to remove its ... 750,000 "for damages flowing as a result of Delric's breach of contract, improper termination, lost profits, attorneys' fees, ...

docket:	a1739-13 a1739-13
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2015-01-12 2015-01-12
status:	unpublished unpublished
citation:
Document Size:	59821

161 STATE OF NEW JERSEY v. JAMES A. DEOLA -- rank: 601

... conviction after a trial de novo in the Law Division, s ee R ule 3:23-8(a), of driving while intoxicated (DWI), N.J.S.A. 39:4-50, for which he was sentenced to ... FINDING OF GUILT WITH RESPECT TO VIOLATION OF N.J.S.A. 39:4-50. IF SUCH A FINDING CAN BE ... consumed about three bottles of beer. They left in defendant's truck. Defendant was driving, intending to take Albertson home. After ... was able to drive it in reverse to the friend's house. He backed into the driveway, about fifteen feet off ... on the roadway by the damaged wheel to the friend's house. When the police arrived, Simione had already loaded ...

docket:	a6158-06
court:	njappellate
decided:	2008-05-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44220

162 STATE OF NEW JERSEY VS. ROBERT KELLER, JR. -- rank: 598

... Division, defendant Robert Keller, Jr., appeals from the Law Division's July 29, 2022 order adjudicating him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50.1 For the reasons which follow ... September 7, 2018, Glassboro Police Officer Jarod Williams observed defendant's white pickup truck driving in reverse at a high speed ... The Law Division judge incorrectly 'affirmed' the municipal court judge's decision. On de novo appeal, the role of the Law ... judge is neither to affirm nor reverse the municipal court's ruling. State v. Kashi, 360 N.J. Super. 538, 545 ... result of this investigation, Williams placed defendant under arrest. Defendant's first appearance was on September 20, 2018, and on ...

docket:	a0068-22
court:	appellate
decided:	2024-04-10
status:	Unpublished
citation:
Document Size:	21620

163 STATE OF NEW JERSEY v. RICKY WILLIAMS, a/k/a CARL WILLIAMS, a/k/a RICKY T WILLIAMS, a/k/a RICKY THOMAS WILLIAMS -- rank: 595

... A.D. Defendant Ricky Williams appeals from the trial court's July 29, 2013, order denying, without an evidentiary hearing, his petition for post-conviction relief (PCR). Having reviewed defendant's arguments in light of the record and applicable principles of ... of the case at length in our opinion affirming defendant's conviction and sentence on direct appeal. State v. Williams , No ... of heroin from Binbow, who was seated in the driver's seat of a parked automobile. Defendant was standing at the driver's side door. Upon spotting the police, defendant returned the package ... with drug dealing. Neither defendant nor Binbow testified. However, defendant's wife, daughter, and two neighbors testified. The daughter and ...

docket:	a2213-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	34289

164 STATE OF NEW JERSEY v. EDGAR TORRES -- rank: 595

... required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed, rejecting defendant's arguments that the court erred in denying his motions to ... 6-7, 14-16). The Supreme Court subsequently denied defendant's petition for certification. State v. Torres , 223 N.J. 556 ... a jury convicted defendant of first-degree robbery, N.J.S.A. 2C:15-1, and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, in connection with the 2006 bank ... I. THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING DEFENDANT'S REQUEST TO REVISIT THE DECISIONS ON THE MIRANDA AND ...

docket:	a5901-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-31
status:	unpublished
citation:
Document Size:	57098

165 /usr/local/share/www/libweb/collections/courts/appellate/a4010-17.opn.html -- rank: 595

... trial, defendant was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2), (count one); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count two); and second-degree ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). The convictions stemmed ... thereafter, shot the associate, and fled on foot. The State's proofs included accounts from two eyewitnesses who had known defendant ... security cameras in the area. The trial court denied defendant's pre-trial Miranda1 motion to exclude his statement to detectives ... but denied shooting him. The court also granted the State's in limine motion to 1 Miranda v. Arizona, 384 ...

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