Search Rutgers Law Library N.J. Court Opinions

1 State v. Donald Loftin -- rank: 1000

... 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

2 Alloway v. General Marine Industries, L.P. -- rank: 968

... 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

3 State of New Jersey v. David Loftin -- rank: 861

... 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

4 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 823

... 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

5 State v. Amir A. Andrews -- rank: 817

... a potential juror. The Appellate Division agreed, reversed the jury’s verdict and remanded for a new trial. The panel determined ... the jury selection process anew. The Court granted the State’s petition for certification. 210 N.J. 109 (2012). HELD : Gilmore ’s single, bright-line remedy has proven ineffective to fully and ... impermissible use of peremptory challenges. 1. In Batson v. Kentucky , 476 U.S. 79 (1986), the United States Supreme Court held that ...

docket:	A-105-11
court:	NJ Supreme Court
decided:	2013-10-28
status:
citation:
Document Size:	99318

6 State v. Anderson Garron -- rank: 798

... 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

7 In re: Contest of November 8, 2011 General Election of Office of the New Jersey General Assembly, Fourth Legislative District -- rank: 791

... Attorney General and Secretary of State from enforcing the provision’s one-year durational residency requirement for eligibility for General Assembly ... the November 2011 election, but she did not litigate Mosquera’s compliance with the residency requirement at that time because she ... candidates who received the most votes for the Fourth District’s two Assembly seats, 21,086 and 19,907, respectively. Lovett ... Lovett filed an election challenge petition pursuant to N.J.S.A. 19:29-1 to -14, alleging that Mosquera was ... 5, 2012, the trial court issued an order annulling Mosquera’s certificate of election, setting aside the November 8, 2011 election ... test, held that the residency requirement was constitutional, rejected Mosquera’s claim that the challenge was barred by the doctrine ...

docket:	A-58-11
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:	210 N.J. 29 40 A.3d 684
Document Size:	328871

8 State v. Brian WakefieldRIVERA-SOTO, J., writing for the Court.Brian Wakefield pled guilty to two counts of capital murder.In this appeal,Wakefield raises fourteen assignments of error in respect of the penalty phase trialthat resulted in his death senten -- rank: 788

... death. Through relatives, it was also determined that Mrs. Hazard’s car, a Lincoln Continental, was missing. The Lincoln was later ... approximate time of the homicides, so it was the State’s position that Wakefield committed the crimes by his own conduct ... was committed while Wakefield was engaged in murder (Mr. Hazard’s), robbery and/or burglary, and it was committed for the ... was granted leave to appear as amicus curiae. HELD : Wakefield’s penalty phase proceedings were fair, the death sentence was properly ... themselves; photographs of the crime scene; and evidence of Wakefield’s post-crime behavior. Underlying these claims is Wakefield’s contention that his unconditional guilty plea obviated any need ...

docket:	a-37-04
court:	njsupreme
decided:	2007-05-07
status:
citation:	190 N.J. 397
Document Size:	487750

9 STATE OF NEW JERSEY v. COREY MILLER, -- rank: 785

... before us in this appeal arise from the trial court's grant of defendant's motion to suppress evidence that was found in clothing belonging ... him and elsewhere within his reach in a third-party's home in a search conducted upon execution of a parole warrant for defendant's arrest, but without a search warrant. The focal question is ... v. Bruzzese , 94 N.J. 210 (1983), cert. denied , 465 U.S. 1030 , 104 S. Ct. 1245 , 79 L. Ed.2d ...

docket:	a5397-99
court:	njappellate
decided:	2001-06-27
status:	published
citation:	342 N.J. Super. 474
Document Size:	73329

10 WASTE MANAGEMENT, INC., ET AL. V. THE ADMIRAL INSURANCE COMPANY, ET AL. -- rank: 782

... insurance carrier. The trial court also found that New Jersey's "interest nexus" in resolving massive environmental insurance-coverage cases comprehensively ... these insurers' motions for leave to appeal the Appellate Division's denial of leave to appeal the trial court's order concerning personal jurisdiction. The five carriers have no connection ... which to rest jurisdiction in New Jersey. Moreover, New Jersey's "interest nexus" in resolving massive environmental insurance-coverage cases cannot ... basis for the assertion of personal jurisdiction. 1.    A court's jurisdiction is "specific" if a cause of action arises directly out of a defendant's contacts with the forum state. "Minimum contacts" are the ...

docket:	a-9-93
court:	njsupreme
decided:	1994-10-13
status:
citation:	138 N.J. 106
Document Size:	80933

11 State v. Luis Garcia -- rank: 772

... burglary, and various weapons offenses. At his trial, the State’s witnesses gave the following account. On January 9, 2003, Sergeant ... Sergeant Byrnes saw a handgun on the floor by defendant’s feet. Defendant volunteered that it was his weapon. The car’s occupants were placed under arrest and transported to police headquarters ... had done everything in his power to arrange for Marquinez’s appearance and that the only question was whether the Hudson ... to the Hudson County authorities. Those authorities mistakenly told counsel’s secretary that Marquinez had been transported to Somerset County earlier ... counsel explained his powerlessness over the situation because Hudson County’s noncompliance with the transport order was not defendant’s ...

docket:	a-120-06
court:
decided:	2008-06-18
status:
citation:	195 N.J. 210
Document Size:	69320

12 State v. Eric Caldwell -- rank: 760

... the Court.     In this appeal, the Court considers whether defendant's seizure by the police violated the Fourth Amendment of the ... New Jersey Constitution.     On April 12, 1995, Passaic County Sheriff's Department Detective Anthony Smith received a tip from a confidential ... detained him for identification purposes.     The trial court granted Caldwell's motion to suppress. The State appealed, and the Appellate Division ... Appellate Division affirmed the sentence.     The Supreme Court granted Caldwell's petition for certification. HELD: Because the police detention of Caldwell ... of circumstances surrounding the police-citizen encounter, balancing the State's interest in effective law enforcement against the individual's right to be free from unwarranted and/or overbearing ...

docket:	a-210-97
court:	njsupreme
decided:	1999-06-17
status:
citation:	158 N.J. 452
Document Size:	57707

13 STATE OF NEW JERSEY v. JORGE TORRES -- rank: 760

... 0418 with first-degree murder of Edwin Acosta, N.J.S.A. 2C:11- 3(a)(1) or N.J.S.A. 2C:11-3(a)(2).1 Defendant was tried ... him not guilty of murder and aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), but guilty of the ... lesser- included offense of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1). The trial court sentenced ... term, pursuant to the No Early Release Act, N.J.S.A. 2C:43- 7.2. Defendant appeals from the judgment ... affectionate with each other. After the bar closed, the owner's stepson gave defendant, Acosta, and one of the bar' ...

docket:	a4894-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	139440

14 STATE OF NEW JERSEY v. STEVEN E. WRIGHT -- rank: 753

... At trial, Wright unsuccessfully presented an insanity defense. N.J.S.A. 2C:4-1. The jury found him guilty of first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (2) (count one ... a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a) (count two); and third-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b) (count three). After the jury ... served in a maximum security prison, pursuant to N.J.S.A. 2C:11-3(b)(4)(c). He appeals both ... he replied, "I shot her." Landi then saw the victim's body on the floor inside the store. Landi placed ...

docket:	a1296-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	120559

15 DR. MYRON A. MEHLMAN V. MOBIL OIL CORP. ET AL -- rank: 750

... a toxic substance, in gasoline produced and sold by Mobil's subsidiary in Japan. Mehlman brought suit under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. A jury returned a ... 500,000 in punitive damages.     The trial judge granted Mobil's motion for judgment notwithstanding the verdict on the ground that ... March 1992, Mobil successfully moved to dismiss certain of Mehlman's non-CEPA claims against the individual defendants on the ground that they were barred by N.J.S.A. 34:19-8, which provides that a CEPA action ... remedies. As to the remaining claims, the judge denied Mobil's subsequent motion for summary judgment, which was based upon ...

docket:	a438-94
court:	njappellate
decided:	1996-06-13
status:	published
citation:	291 N.J.Super. 98
Document Size:	106246