Search Rutgers Law Library N.J. Court Opinions

1 State v. Rohan Goulbourne -- rank: 1000

... these appeals, the Court considers whether Padilla v. Kentucky , 559 U.S. ___, 130 S. Ct. 1473 (2010), is entitled to retroactive application on collateral ... v. Nuñez-Valdéz , 200 N.J. 129 (2009). U.S.C.A. §§ 1101(a)(43)(B), 1227(a ... with it potential immigration consequences. The PCR court denied Gaitan’s petition. The Appellate Division reversed, concluding that defense counsel’ ...

docket:	a-129-10
court:	NJ Supreme Court
decided:	2012-02-28
status:
citation:
Document Size:	206165

2 State v. Frensel Gaitan -- rank: 1000

... these appeals, the Court considers whether Padilla v. Kentucky , 559 U.S. ___, 130 S. Ct. 1473 (2010), is entitled to retroactive application on collateral ... v. Nuñez-Valdéz , 200 N.J. 129 (2009). U.S.C.A. §§ 1101(a)(43)(B), 1227(a ... with it potential immigration consequences. The PCR court denied Gaitan’s petition. The Appellate Division reversed, concluding that defense counsel’ ...

docket:	A-109-10
court:	NJ Supreme Court
decided:	2012-02-28
status:
citation:	209 N.J. 339 37 A.3d 1089
Document Size:	206323

3 State v. Donald Loftin -- rank: 969

... a struggle. The office was not disturbed, and Mr. Marsh's body showed no signs of any other wounds. Missing were Mr. Marsh's wallet and approximately $90 from the evening's receipts, including a fifty-dollar bill used by a customer ... attempting to make a purchase with one of Mr. Marsh's credit cards. He had other credit cards belonging to Mr. Marsh in his possession, as well as Mr. Marsh's driver's license and social security card. He also had a ...

docket:	a-39-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 295
Document Size:	322202

4 Planned Parenthood of Central New Jersey v. John J. Farmer, Jr. -- rank: 963

... State statute, the Parental Notification for Abortion Act ( N.J.S.A. 9:17A-1.1 to -1.12), that conditions a minor's right to obtain an abortion on parental notification unless a ... on June 28, 1999. The Act sets forth the Legislature's findings that there exist compelling and important State interests in ... abortion or when the attending physician certifies in the minor's medical records that the abortion is necessary due to a ... that notification of the parent is not in the minor's best interests. If the judge does not make findings permitting waiver, the physician must comply with the Act's notice provisions before performing the abortion or face potential ...

docket:	a-52-99
court:	njsupreme
decided:	2000-08-15
status:
citation:	165 N.J. 609
Document Size:	135577

5 State v. Robert O. Marshall -- rank: 953

... to murder his wife, and sentenced to death. The State's theory at trial was that defendant had hired another to ... that court a petition for post-conviction relief (PCR). Defendant's amended petition contained a total of 548 grounds for reversal ... would be taken except on five claims involving defense counsel's representation in opening statement that defendant would testify, and defendant's competence to take part in the penalty-phase proceeding after ... defendant to present documentary evidence only.     The court denied defendant's petition for PCR, finding defendant's legal arguments to be without merit and concluding that ...

docket:	a-38-95
court:	njsupreme
decided:	1997-03-05
status:
citation:	130 N.J. 109
Document Size:	586551

6 State v. Rasheed Mahammad -- rank: 946

... impact statute violate the Federal Constitution by burdening a defendant's right to introduce catch-all mitigating evidence. (pp. 9-16 ... of victim impact evidence than the Federal Constitution. The Victim's Rights Amendment of the New Jersey Constitution specifically recognizes the ... the United States Constitution. The electorate, by passing the Victim's Rights Amendment, and the Legislature, by enacting the victim impact ... statements are clearly impermissible, such as testimony by a victim's family members characterizing and expressing opinions about the defendant, the ... Rule 8) hearing to determine admissibility; reduction of the witness's testimony to writing; and instructions to proposed witnesses and prosecutors ... from rendering a death penalty verdict based on the defendant's character and the circumstances of the crime; the victim ...

docket:	a-138-95
court:	njsupreme
decided:	1996-06-28
status:
citation:	145 N.J. 23
Document Size:	180700

7 STATE OF NEW JERSEY v. ROBERT L. HAYES, JR -- rank: 916

... Deputy Public Defender, of counsel and on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Steven A. Yomtov, Deputy ... pled guilty during trial to first-degree murder, N.J.S.A. 2A:11-3(a)(1)-(2), second-degree burglary, N.J.S.A. 2C:18-2, second-degree aggravated arson, N.J.S.A. 2C:17-1(a), and second-degree desecrating human remains, N.J.S.A. 2C:22-1(a)(1)-(2). He was sentenced ... EARLIER AND UNEQUIVOCAL RIGHT TO COUNSEL, NOTWITHSTANDING RENEWED MIRANDA WARNINGS. U.S. CONST. AMEND. V and XIV; N.J. CONST. ( ...

docket:	a5586-13
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	unpublished
citation:
Document Size:	106780

8 State of New Jersey v. Robert R. Simon -- rank: 906

... writing for a majority of the Court.     This is Simon's direct appeal from his conviction for capital murder and his ... in the vehicle with a bullet hole through them. Simon's Social Security Card and Staples' driver's license were found underneath Sergeant Gonzalez's leg with a bullet hole through them. An expert testified ... will. Simon indicated that he had seen the Warlock member's gesture in court, and had spoken to someone later that ... plead guilty in order to help Staples.     Based on Simon's statements, the trial court decided to proceed with the ...

docket:	a-149-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 416
Document Size:	211768

9 State v. John Martini, Sr -- rank: 902

... majority of the Court.     This appeal involves the Public Defender's petition for post-conviction relief over the objection of defendant ... factors, and sentenced Martini to death.     This Court affirmed Martini's conviction and death sentence in 1993 ( Martini I ) and on ... Martini II ). After the United States Supreme Court denied Martini's petition for certiorari in 1995, the Public Defender sought post-conviction relief (PCR) on Martini's behalf, even though Martini stated he did not wish to ... that the Public Defender could not pursue PCR on Martini's behalf without his consent.     In Martini III , this Court held that Martini's personal choice could not take precedence over the State' ...

docket:	a-222-97
court:	njsupreme
decided:	1999-07-27
status:
citation:	160 N.J. 248
Document Size:	164921

10 State v. David Bass -- rank: 899

... appeal, the Court considers three issues that arise from defendant’s trial and conviction for murder and related offenses: (1) the limitation on defense counsel’s cross-examination of the State’s lead witness; (2) the admission of expert testimony by a surrogate for the medical examiner who conducted the victim’s autopsy and died prior to trial; and (3) the absence ... instant appeal. The first issue arose from the trial court’s limitation on defense counsel’s cross-examination of Sinclair, the State’s lead witness. ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

11 STATE OF NEW JERSEY v. MARLTON PLAZA ASSOCIATES, L.P. -- rank: 899

... Corporation of America Pension Trust; JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), successor to The Manufacturers Life Insurance Company (U.S.A.), successor to The Manufacturers Life Insurance Company; LASALLE BANK ... a Delaware Corporation doing business as T.J. Maxx; CARTER'S RETAIL, INC., a Delaware Corporation, doing business as Carter's; HOUSEHOLD FINANCE CORPORATION III, a Delaware Corporation; LEE TSUY, ...

docket:	a2164-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	published
citation:	426 N.J. Super. 337 44 A.3d 626
Document Size:	90465

12 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 895

... Court.     This appeal concerns the scope of a police officer's authority to conduct a search of articles contained in the ... were Eileen Pierce and Eugene Bernardo. On learning that Grass's driver's license had been suspended, the officer ordered Grass to step ... the Appellate Division applied the bright-line rule of the U.S. Supreme Court case, New York v. Belton , to sustain the ... compartment of that automobile. Based on the seriousness of Grass's motor-vehicle offense, the majority of the Appellate Division ...

docket:	a-19-93
court:	njsupreme
decided:	1994-06-15
status:
citation:	136 N.J. 184
Document Size:	117446

13 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 895

... constituted a taking or inverse condemnation; object to the judge's failure to invalidate the entire Ordinance instead of selected provisions ... amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.A. §§3601 -3631 (the Act) was inadequate.     Defendants on ... did violate the Act. We further conclude that the judge's award of attorney's fees pursuant to the Act was not inadequate.     We determine ... units that met the definition set forth in N.J.S.A. 40:52-1(n). See footnote 1 1      ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565

14 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, et al. v. BOROUGH OF BELMAR, et al. -- rank: 895

... constituted a taking or inverse condemnation; object to the judge's failure to invalidate the entire Ordinance instead of selected provisions ... amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.A. §§3601 -3631 (the Act) was inadequate.     Defendants on ... did violate the Act. We further conclude that the judge's award of attorney's fees pursuant to the Act was not inadequate.     We determine ... units that met the definition set forth in N.J.S.A. 40:52-1(n). See footnote 1 1      ...

docket:	A2938-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1 777 A.2d 950
Document Size:	170470

15 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 895

... constituted a taking or inverse condemnation; object to the judge's failure to invalidate the entire Ordinance instead of selected provisions ... amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.A. §§3601 -3631 (the Act) was inadequate.     Defendants on ... did violate the Act. We further conclude that the judge's award of attorney's fees pursuant to the Act was not inadequate.     We determine ... units that met the definition set forth in N.J.S.A. 40:52-1(n). See footnote 1 1      ...

docket:	A2941-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:
Document Size:	170594