Search Rutgers Law Library N.J. Court Opinions

1 DOE V. PORITZ -- rank: 1000

... 1994, a group of bills generally referred to as "Megan's Law" became law. The constitutionality of two of those bills ... law provides for notification to elements of the community.     Doe's complaint was heard by the Superior Court, Law Division, which ... valid and effective immediately. 1. The essence of the Court's decision is that the Constitution does not prevent society from ... offenders' loss of anonymity is no constitutional bar to society's attempt at self-defense. The Legislature chose to risk unfairness ... who might suffer because of their ignorance of the offender's presence in the community, but attempted to restrict the damage ... the likelihood of reoffense.(pp. 3-5) 2. The Legislature's decision to make previously-convicted offenders subject to the ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

2 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 979

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5680-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	360 N.J. Super. 101
Document Size:	69985

3 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 979

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5636-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	*CITE_PENDING*
Document Size:	69961

4 E&J Equities v. Board of Adjustment of Franklin Township -- rank: 917

... Board voted 4 to 3 in favor of E&J’s application. The vote constituted a statutory denial of the use ... billboards, provide a rational and objective basis for the Township’s determination to ban digital billboards. This Court granted plaintiff’s petition for certification. 220 N.J. 574 (2015). HELD: A ... Amendment . See Metromedia, Inc. v. City of San Diego , 453 U.S. 490 (1981); Bell v. Township of Stafford , 110 N.J ... be erected in the M-2 zone. Despite the Township’s assertion that no standards exist to allow it to ...

docket:	A-40-14
court:	NJ Supreme Court
decided:	2016-09-15
status:
citation:	226 N.J. 549 146 A.3d 623
Document Size:	109882

5 State v. Rasheed Mahammad -- rank: 904

... 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

6 VONNIE CORNETT v. JOHNSON & JOHNSON -- rank: 900

... preempted by the Medical Device Amendments of 1976 (MDA), 21 U.S.C.A. §§ 360c-360m, to the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C.A. §§ 301-399. Also at issue is whether Kentucky's or New Jersey's statute of limitations applies to one of these matters ...

docket:	a5539-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-23
status:	Published
citation:
Document Size:	108451

7 VONNIE CORNETT v. JOHNSON & JOHNSON -- rank: 900

... preempted by the Medical Device Amendments of 1976 (MDA), 21 U.S.C.A. §§ 360c-360m, to the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C.A. §§ 301-399. Also at issue is whether Kentucky's or New Jersey's statute of limitations applies to one of these matters ...

docket:	a4694-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-23
status:	Published
citation:	414 N.J. Super. 365 998 A.2d 543
Document Size:	109833

8 State of New Jersey v. Timyan Cabbell -- rank: 893

... were provided the opportunity to cross-examine two key State’s witnesses, consistent with the confrontation-clause requirements of the Federal ... and causing its rear bumper to fall off. The State’s theory was that defendant Timyan Cabbell was driving the Honda ... the two handguns. One of the bullets penetrated the truck’s windshield, killing Paul almost immediately. A Union County Grand Jury ... trial was the identification of the shooters. Two key State’s witnesses were Karine Martin and Tyson Privott. Both witnesses gave ... presence of the jury to determine the admissibility of Martin’s out-of-court statement. To this point, defendants were not ... to cross-examine Martin before the jury. Outside the jury’s presence, the court expressed its belief that asking Martin ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312

9 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 890

... 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

10 State v. Timothy A. Smith -- rank: 890

... to testify before a closed circuit television violated Timothy Smith's constitutional right to confront witnesses, and whether a videotaped statement ... sleeping on her stomach on the sofa in her aunt's apartment, someone pulled down her pajama bottoms and digitally penetrated ... a preliminary hearing to determine the admissibility of T.I.'s videotaped statement at trial.     During the videotaped interview, there was ... into evidence even though it was duplicative of T.I.'s court testimony.     Smith testified and denied the allegations against him ... The Appellate Division reversed the convictions, reasoning that T.I.'s fear of testifying in open court was not a sufficient ... out of the presence of the jury. The trial court's findings were supported by substantial credible evidence in the ...

docket:	a-213-97
court:	njsupreme
decided:	1999-06-04
status:
citation:	158 N.J. 376
Document Size:	50380

11 State v. Charles Apprendi, Jr. -- rank: 883

... appeal concerns the constitutionality of a provision of New Jersey's hate crime laws that allows enhanced sentencing in any case ... a biased purpose. 135 N.J. 517, cert. denied , 513 U.S. 970 (1994). The majority also found that the use of ... the section of the Criminal Code dealing with the court's authority in sentencing. One judge dissented. She found that the ... a crime beyond a reasonable doubt and that the State's power to define away the elements of the crime cannot extend to defining away the actor's culpable purpose.     Apprendi filed an appeal as of right ...

docket:	a-164-97
court:	njsupreme
decided:	1999-06-24
status:
citation:	159 N.J. 7
Document Size:	115562

12 State v. Kanem Williamson -- rank: 880

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... trial court abused its discretion by admitting A.B.’s identification of defendant as a dying declaration; and (2) whether the admission of A.B.’s identification violated defendant’s right to confrontation. On a spring afternoon in 2014, emergency ... to speak because of the breathing tube. A.B.’s attending physician, Dr. Anastasia Kunac, told A.B. that she ... leads, he and other officers spoke with Kanem Morris, defendant’s father, who told police that defendant had admitted to ...

docket:	a-65-19
court:	NJ Supreme Court
decided:	2021-05-10
status:
citation:
Document Size:	67509

13 STATE OF NEW JERSEY v. DANIEL D. RIVERA, -- rank: 869

... Steven M. Gilson, Designated Counsel,         and on the brief).         Jeffrey S. Blitz, Atlantic County         Prosecutor, attorney for respondent              (James F. Smith ... inherently unreliable that its admission in this case violated defendant's right to confrontation; accordingly, we reverse his conviction.     Defendant, Daniel ... indictment charging the following offenses: possession of cocaine, N.J.S.A. 2C:35-6 (count four); conspiracy to distribute cocaine, N.J.S.A. 2C:35-5 and 5-2 (count five); use ... certif. denied , 55 N.J. 78 (1969), cert. denied , 397 U.S. 1057 , 90 S. Ct. 1405 , 25 L. Ed.2d ...

docket:	A3802-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-16
status:	published
citation:	351 N.J. Super. 93 797 A.2d 175
Document Size:	46683

14 STATE OF NEW JERSEY IN THE INTEREST OF A.R., a minor -- rank: 852

... for amicus curiae State of New Jersey Attorney General (Christopher S. Porrino, Attorney General, attorney; Ian C. Kennedy, Special Deputy Attorney ... Bergen County Prosecutor, of counsel and on the brief). Lawrence S. Lustberg argued the cause for amicus curiae John J. Gibbons ... was enacted in 1989 in accordance with the Supreme Court's proposal in  State v. D.R. , 109  N.J.  348 ... getting off the bus, J.C. allegedly told his mother's cousin that appellant touched his "pee-pee" during the bus ride. The child's mother reported this to the police. A detective with the county prosecutor's office conducted a videotaped interview of J.C. eighteen ...

docket:	a2238-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	published
citation:	447 N.J.Super. 485 149 A.3d 297
Document Size:	121747

15 State of New Jersey v. W.A. -- rank: 842

... sidebar. Other than that exchange, the issue of W.A.’s appearance at sidebar was not raised again.     During his opening ... videotapes, it appears that defense counsel went to the judge’s bench and remained there for the entire duration of each ... in New York and that she still had a children’s advocate mentality, but that she could be impartial and would ... appropriate fines and penalties, and required to comply with Megan’s Law. W.A. appealed and the Appellate Division affirmed. On the issue of W.A.’s presence at sidebar during voir dire , the panel held, in ... able to participate through “standby counsel.”     We granted W.A.’s petition for certification on the sole issue of his ...

docket:	a-68-04
court:	njsupreme
decided:	0001-06-02
status:
citation:	184 N.J. 45
Document Size:	77881