Search Rutgers Law Library N.J. Court Opinions

16 State of New Jersey v. David Loftin -- rank: 892

... majority of the Court.     The Supreme Court previously affirmed Loftin's conviction and death sentence for the murder of Gary Marsh. In this appeal, the Court considers Loftin's request for proportionality review of his death sentence. This appeal ... to consider the constitutionality of an amendment to N.J.S.A. 2C:11-3e as Amended. . . 23     A.     Pending Appeals . . . . . . . . . . . . . . . . . . . 23     B.     The Supreme Court's Appellate Review Function . . . . 25     C.     Application of Proportionality Review . . . . . . . . 35 ... 112         3.    Precedent-Seeking Review. . . . . . . . . . . . 113             a.    Assessment of Defendant's Culpability. . . 114                 i.    Moral Blameworthiness . . . . . . . . 115                 ii.    Degree of Victimization ... 117                 iii.    Character of Defendant. . . . . . . . 118             b.    Comparison of Defendant's Case to the                 B Cases. . . . . . . . . . . . . . . . . . 119     D.    Other Arguments. . . . . . . . . . . . . . . . . . . ...

docket:	a-86-96
court:	njsupreme
decided:	1999-02-01
status:
citation:	157 N.J. 253
Document Size:	484984

17 State of New Jersey v. Jesse Timmendequas -- rank: 885

... earlier in the evening. After determining that Joseph Cifelli, Timmendequas's roommate, was a prior sex offender, police obtained his consent ... shaking and perspiring heavily throughout his interview. Based on Timmendequas's nervousness, and his assertion that he was alone at the time of Megan's disappearance, the officers asked him to come to headquarters for ... waiver form. Timmendequas denied having anything to do with Megan's disappearance. He left the station at 4:00 a.m.     The next morning, detectives went to Cifelli's house to search the premises again. While the search was ... walk and brought out the garbage. The officers obtained Cifelli's consent to search the garbage. They found a waistband ...

docket:	a-172-97
court:	njsupreme
decided:	1999-08-10
status:
citation:	161 N.J. 515
Document Size:	446325

18 Alloway v. General Marine Industries, L.P. -- rank: 885

... count of the complaint, Alloway sought to recover for Mullica's breach of the manufacturer's warranty for repair or replacement of any defective part. The ... a defective boat for which GMI was liable as Century's successor. The third count alleged that Glasstream negligently manufactured and inspected the boat, that GMI was liable to Century's successor, and that Mullica had failed to discover the defect ... repair of the boat.     The Law Division subsequently granted GMI's motion to dismiss the complaint for failure to state a ... represented could sue the manufacturer under the Uniform Commercial Code (“U.C.C.”) for breach of warranty, but not in ...

docket:	a-48-96
court:
decided:	1997-06-30
status:
citation:	145 N.J. 372
Document Size:	79191

19 State of New Jersey v. Kenneth Guenther -- rank: 882

... be found at 181 N.J. 129, 854 A.2d 308. SYLLABUS (This syllabus is not part of the opinion of ... 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 ...

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

20 Philip A. Besler, et al. v. Board of Education of West Windsor-Plainsboro Regional School District, et al. -- rank: 879

... Court with two primary issues. First, whether plaintiff Philip Besler's right to free speech under the First Amendment was violated ... School District (Board). Second, whether the evidence supported the jury's award of $100,000 for plaintiff's pain-and-suffering. In the spring of 1996 Philip Besler ... public comment period began with a statement by the Board's President, Dr. Lester Bynum. Dr. Bynum stated that the public ... the Board, the girls high school basketball coach, the District's Superintendent, the high school Principal, and others. Only one of the twelve counts dealt with Mr. Besler's federal civil rights claim pursuant to 42 U.S. ...

docket:	a-81-08
court:	supreme
decided:	2010-05-17
status:
citation:	201 N.J. 544 993 A.2d 805
Document Size:	263597

21 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 875

... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... by PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed. ...

docket:	A3736-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:	380 N.J. Super. 1 880 A.2d 468
Document Size:	216489

22 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 875

... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... by PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed. ...

docket:	A3737-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:
Document Size:	216466

23 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 875

... Decided May 23, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... that home and a warrantless search of a power company's records of the use of electricity there. Because the trial ... judge erroneously excluded polygraph evidence regarding the truthfulness of defendant's claim that he did not consent to the later search ... violation of See footnote 1 raising the following arguments: DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SHOULD HAVE BEEN GRANTED BECAUSE THE POLICE ENTRY INTO DEFENDANT'S HOME AND THE SEARCH OF HIS HOME VIOLATED THE UNITED ... JERSEY CONSTITUTIONS. A. The Warrantless Thermal-Imaging Scan Of Defendant's Home Constituted An Unreasonable Search. B. The Warrantless Seizure ...

docket:	a6101-02
court:	njappellate
decided:	2005-05-23
status:	published
citation:	377 N.J. Super. 515
Document Size:	128906

24 Lula M. Henry v. New Jersey Department of Human Services -- rank: 875

... complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). 2 In early ... on which to extend the statute of limitations on Henry’s retaliation claim. That cause of action accrued at or before ... If none exists, the court decides whether the trial court’s ruling on the law was correct. (pp. 9-10) 2 ... then shifts back to the employee to prove the employer’s stated reason was false and motivated by discriminatory intent. A ... 200 N.J. 555 (2010), the Court considered a plaintiff’s argument that cancellation of his insurance after he was terminated ... light of Roa , the Court affirms the judgment dismissing Henry’s retaliation claim because there is no equitable basis on ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

25 STATE OF NEW JERSEY v. JOELLE D. CARONNA -- rank: 869

... Collado (Mazraani & Liguouri, LLP, attorneys; Joseph M. Mazraani and Jeffrey S. Farmer, of counsel and on the brief). Sarah D. Brigham ... to an unconstitutional and flagrant violation of a search warrant's knock-and- announce requirement. A detective requested and obtained a ... then went to the front door of defendant Joelle Caronna's apartment to execute the search warrant. The police did not ... had previously observed defendants utilize the apartment and knew Caronna's driver's license matched the apartment building address. Without any exigency or ... stairs, entered her bedroom, and said, 'How you doing, what's going on?' 3 A-0580-20 Then for the ...

docket:	a0580-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-03
status:	Published
citation:
Document Size:	99411

26 State v. Anderson Garron -- rank: 848

... trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victim’s past relationship with defendant, Anderson Garron. A Cumberland County grand ... an encounter on September 28, 1998, between the victim, J.S., and Garron. The precise nature of that encounter was sharply contested by J.S. and Garron at trial. J.S. asserted that Garron raped her, whereas Garron claimed that the ... consensual sexual act. The history of the relationship between J.S. and Garron became the central focus of the pretrial ...

docket:	a-16-02
court:	njsupreme
decided:	2003-07-23
status:
citation:	177 N.J. 147
Document Size:	148455

27 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 848

... which was supervised by members of the Monmouth County Prosecutor's Office (MCPO) and dubbed 'Operation Dead End,' targeted an alleged ... counts based on conversations intercepted on the wiretap of Fair's cell phone as well as other evidence uncovered during the ... for purposes of trial. As a result of the State's motion for joinder, on March 30, 2017, the trial judge ... evidence, under N.J.R.E. 404(b), of Fair's, Walker's, and Leonard's gang membership. After three days of jury selection, a ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

28 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 845

... Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg argued the cause for respondents in A-2320-04T3 ... Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Gitanjali S. Gutierrez, on the brief). American Civil Liberties Union of New ... Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended ... biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20 g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide ... investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., ...

docket:	A2671-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121823

29 Paul M. DePascale v. State of New Jersey -- rank: 845

... After the trial court and Appellate Division denied the State’s requests for a stay, plaintiff filed a motion for direct ... sitting justices and judges, diminishes judicial salaries during a jurist’s term of appointment in violation of Article VI, Section 6 ... confidence in the integrity of the judiciary , and Article VI's No-Diminution Clause promotes that goal in perception and reality ... fear of economic retaliation. (pp. 3-5) 3. New Jersey's No-Diminution Clause serves the same purposes as the No ... separation of powers and preserving an independent judiciary. New Jersey's 1844 Constitution included a clause that mirrored the federal No ... and import of the federal language adopted in New Jersey’s 1844 Constitution was well-understood by the people of ...

docket:	A-34-11
court:	NJ Supreme Court
decided:	2012-07-24
status:
citation:	211 N.J. 40 47 A.3d 690
Document Size:	196419

30 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 845

... Tamara L. Rudow, Deputy Attorneys General, on the brief). Lawrence S. Lustberg argued the cause for respondents in A-2320-04T3 ... Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Gitanjali S. Gutierrez, on the brief). American Civil Liberties Union of New ... Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended ... biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide ... investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., ...

docket:	A2320-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121848