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46 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 805

... mentally defective victim, M.G. In September 1990, the prosecutor's application to have three juveniles, Christopher Archer, his brother Paul ... second degree conspiracy to commit aggravated sexual assault ( N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine ... J. 454, 459 (1967). The judge must view the State's evidence, both direct and circumstantial, in its entirety and give ... be drawn" from that testimony. Ibid. In reviewing the judge's determination, we can give no consideration to any evidence or inferences from the defendant's case and must exclude from our consideration any improperly admitted evidence. Ibid.     At the close of the State's case, defendants moved for judgments of acquittal on all ...

docket:	a4887-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

47 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 805

... mentally defective victim, M.G. In September 1990, the prosecutor's application to have three juveniles, Christopher Archer, his brother Paul ... second degree conspiracy to commit aggravated sexual assault ( N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine ... J. 454, 459 (1967). The judge must view the State's evidence, both direct and circumstantial, in its entirety and give ... be drawn" from that testimony. Ibid. In reviewing the judge's determination, we can give no consideration to any evidence or inferences from the defendant's case and must exclude from our consideration any improperly admitted evidence. Ibid.     At the close of the State's case, defendants moved for judgments of acquittal on all ...

docket:	a4374-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

48 State v.Josephine Castagna, et al. -- rank: 805

... counsel an opportunity to cross-examine one of the State’s crucial witnesses concerning the reason the witness changed her statement ... to second-degree reckless manslaughter and became a key State’s witness. During the police investigation of the incident, Arias gave ... moved to use the polygraph test results to impeach Arias’s testimony. They also sought to call the polygrapher as a ... On appeal, defendants asserted reversible error in the trial court’s refusal to allow defense counsel an opportunity to cross-examine ... ineffective assistance of counsel. The Supreme Court granted the State’s petition for certification in State v. Castagna , 185 N.J ... in denying defendants the right to cross-examine the State’s witness concerning the polygraph test results, but the error ...

docket:	a-13-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	104274

49 RAR DEVELOPMENT ASSOCIATES v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION -- rank: 805

... The trial court rejected these claims, as well as plaintiff's argument that the State should be estopped from avoiding responsibility ... this case, and that the record does not support plaintiff's tortious interference and equitable estoppel claims. Accordingly, we affirm. I ... Folding Box Company (NYF) held the largest leasehold interest. NYF's use of its space, about 109,000 square feet, dated ... proceed with demolition. It informed the tenants that the State's relocation consultant would be available to explain the process and ... State advised the tenants to continue paying their rent. NYF's operation included the use of substantial industrial machinery. NYF advised ... statutory and regulatory provisions. The relocation officer expressed the State's continued hope to acquire the property without litigation, but ...

docket:	a0057-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-09
status:	unpublished
citation:
Document Size:	110650

50 STATE OF NEW JERSEY v. NATHAN N. SHAW -- rank: 805

... they were passengers. As a result of the motel room's search, the police stopped the vehicle and ultimately discovered additional CDS inside. Prior to Bolden's and Shaw's trials, the court conducted a suppression hearing and concluded that ... of the vehicle, based upon the invalidity of the driver's consent to the search and it not extending to a ... Neptune Township Police Officer Jason Rademacher and Ocean County Sheriff's Officer Kurt Kroeper — are not contested, and can be ... arrest began on Sunday, December 4, 2011, with the vehicle's driver, Jasmine Hanson, complaining to an employee of a ...

docket:	a2711-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-25
status:	unpublished
citation:
Document Size:	88285

51 STATE OF NEW JERSEY v. DARRYL BOZEMAN -- rank: 798

... unearth all relevant evidence necessary to address defendant Darryl Bozeman's constitutional and other claims of error, we now have the ... Bozeman, which are the following: 1 POINT I : THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE TRIAL ... FINDINGS AS TO THE RELIABILITY OF THE IDENTIFICATION PROCEDURE. DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE COURT REFUSED TO ... IT WAS THE DEFENSE THAT BROUGHT OUT TESTIMONY ABOUT DEFENDANT'S PRIOR DRUG DEALS WITH TERRENCE TERRELL, THE TRIAL COURT SERIOUSLY ... produced on remand —— we do not find Bozeman's arguments persuasive. We affirm. I. 2 Bozeman was tried and ... a large cash cache believed to be concealed in Johnson's home. The ostensible goal of the robbery was to ...

docket:	a0565-06_2
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	81280

52 STATE OF NEW JERSEY v. EBONEE R. WILLIAMS -- rank: 795

... both defendant and co-defendant Raymond Davila bearing the apartment's address. In the kitchen stove, the officers found three "bricks ... heroin, each containing 150 bags. In a bedroom containing women's clothing and shoes, the officers found: seven "decks" of heroin ... dresser drawer. Also in the bedroom, the officers found defendant's purse, which contained her identification, empty packets of heroin, and ... and Davila were both convicted of conspiracy under N.J.S.A. 2C:5-2 to possess a controlled dangerous substance ... CDS) with intent to distribute in violation of N.J.S.A. 2C:35-5(a)(1), (b)(3); possession of heroin, N.J.S.A. 2C:35-10(a)(1); and possession of ...

docket:	a0591-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	published
citation:	444 N.J.Super. 603 135 A.3d 157
Document Size:	64226

53 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 795

... 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

54 STATE OF NEW JERSEY v. P.H. -- rank: 791

... the jury that "[y]ou . . . may not consider the child's failure to complain as evidence weighing against the credibility of ... the factors relevant to an evaluation of the alleged victim's credibility. Therefore, we reverse defendant's convictions.     Following a jury trial, defendant was found guilty of ... counts of aggravated sexual assault, in violation of N.J.S.A. 2C:24-4a. The trial court sentenced defendant to ... of a child, all to be served concurrently. Thus, defendant's aggregate term is twenty years imprisonment, with a ten-year ... The court also ordered defendant to comply with the Megan's Law registration, notification and lifetime community supervision requirements. See ...

docket:	a4912-99
court:	njappellate
decided:	2002-08-02
status:	published
citation:	353 N.J. Super. 527
Document Size:	72071

55 STATE OF NEW JERSEY v. GEORGE R. MELENDEZ -- rank: 788

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0640-08T4 S APPROVED FOR PUBLICATION October 26, 2011 APPELLATE DIVISION TATE OF ... tried before a jury and convicted of murder, N.J.S.A. 2C:11-3(a)(1) and (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(b). The court sentenced defendant to ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The principal question raised by ... inculpatory statements he gave in response to a police officer's questions, while he was in custody and after he ...

docket:	a0640-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	published
citation:	423 N.J. Super. 1 30 A.3d 320
Document Size:	93991

56 STATE OF NEW JERSEY v. LLEWELYN JAMES -- rank: 781

... of February 4, 2002, defendant Llewelyn James entered his aunt's boyfriend's house. He found his aunt, her boyfriend, and two of ... and listening to music. Defendant shot and killed his aunt's boyfriend because he physically abused her, and then proceeded to ... men might have seen him approaching or leaving his dealer's apartment. Defendant was seventeen years old. He is serving an ... a maternal uncle when the police could not contact defendant's mother was effective under the circumstances of this case and ... jury convicted defendant of six counts of murder, N.J.S.A. 2C:11-3a(1)(2) (Counts One, Three, ...

docket:	a4153-08
court:	NJ Superior Court Appellate Division
decided:	2012-09-07
status:	unpublished
citation:
Document Size:	69014

57 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 781

... at 427 N.J.Super. 499 or 49 A.3d 415. (NOTE: The status of this decision is Published .) NOT FOR ... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4667-10T1 S APPROVED FOR PUBLICATION August 13, 2012 APPELLATE DIVISION TATE OF ... are asked to determine whether a violation of N.J.S.A. 39:3-76.2f, the "seat belt law," can ... a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a ... injury. Defendant appeals her plea-bargained conviction under N.J.S.A. 2C:40-18(b), arguing the law is unconstitutionally ... remover and a can of carpet deodorizer on the driver's side floor of the vehicle. The can of carpet ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796

58 STATE OF NEW JERSEY v. MAX YVES MERLAIN -- rank: 778

... Max Merlain, guilty of serious bodily injury murder, N.J.S.A. 2C:11-3a(1), and endangering the welfare of ... August 8, 2004, at 7:41 p.m., Dominique, defendant's girlfriend, called 9-1-1 to report that her two ... Medical personnel at the hospital noted an abrasion on Julio's face and bruising on the left side of his face ... belly was distended, indicating possible trauma. They recorded the mother's explanation for the bruising--the previous day's fall in the bathtub--but noted that the bruising was ... administered CPR correctly. The emergency room nurse also noted defendant's statements that he had cared for the child all ...

docket:	a2294-08
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	121856

59 STATE OF NEW JERSEY v. VASILIO KOUTSOGIANNIS -- rank: 778

... for the reasons expressed in Judge Francis R. Hodgson, Jr.'s thorough written opinion of September 24, 2014. I. On March ... lighter were taken from him at gunpoint by the vehicle's two occupants. T.M. supplied Jarin with a description and ... the vehicle. Investigation revealed the car was registered to defendant's sister, Katerina Koutsogiannis (Katerina), 2 who resided on Ross Court ... During this recorded interview, Rogalski noted redness to T.M.'s neck and a mark on his left cheek, consistent with T.M.'s version of events. A short time later, officers from the ... east of the Ross Court address that appeared on Katerina's registration. At around 6:15 p.m., STPD Patrolman ...

docket:	a5772-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	59597

60 Martindale v. Sandvik, Inc. -- rank: 775

... and obtained disability leave. After giving birth, defendant granted plaintiff's request for family and medical leave to commence at the ... position was being eliminated due to a reorganization of defendant's holding company and its financial department. Defendant ceased disability payments ... arbitration. The trial court granted the motion and dismissed plaintiff's complaint without prejudice, but ordered a stay pending appeal.     On appeal, the Appellate Division affirmed the trial court's ruling. The panel determined that the arbitration agreement contained in ... and unambiguous, and it was sufficiently broad to encompass plaintiff's statutory causes of action. 1. The first step in determining ... Legislature codified its endorsement of arbitration agreements in N.J.S.A. 2A:24-1 to -11, and New Jersey ...

docket:	a-10-01
court:	njsupreme
decided:	2002-07-17
status:
citation:	173 N.J. 76
Document Size:	87711