Search Rutgers Law Library N.J. Court Opinions

361 State v. Terry W. Coder -- rank: 639

... three-year-old child, the Court determines whether the child's out-of-court statements, as testified to by her mother ... the apartment building. There, Coder pulled his pants and Joyce's pants down and sexually touched her. Witnessing this, Susan ran out of the basement and straight to Joyce's apartment, where she told Joyce's mother, Denise, what had happened and that Joyce was still ... a hearing to address the admissibility at trial of Denise's testimony concerning what Joyce told her on the day of the assault. After Denise testified about Joyce's statements, Joyce was called to the stand. In response ...

docket:	a-28-08
court:
decided:	2009-05-04
status:
citation:	198 N.J. 451 968 A.2d 1175
Document Size:	92873

362 State v. Jose Medina -- rank: 639

... is .) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... considers whether, under the circumstances of this case, a detective’s testimony that he had included defendant Jose Medina’s picture in a photo array based on the “evidence . . . collected” violated the hearsay rule or defendant’s constitutional right to confront the witnesses against him. In December ... attacker as defendant and showed the police one of defendant’s Instagram pictures and his username. Detective Anthony Abate prepared a photo array that included defendant’s picture. Looking at the array, Rivera identified defendant as ...

docket:	a-67-18
court:	NJ Supreme Court
decided:	2020-06-09
status:
citation:
Document Size:	75975

363 STATE OF NEW JERSEY v. CHRISTOPHER TIRADO -- rank: 639

... jury found defendant guilty of first-degree murder, N.J.S.A. 2C:20-7 (count six); fourth-degree resisting arrest, N.J.S.A. 2C:43-7.2, on count one. The court ... TESTIMONY OF DETECTIVE KOHLES AND DETECTIVE KEARNEY VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT AND MIRANDA RIGHTS UNDER FEDERAL AND NEW JERSEY STATE LAW. POINT II THE DEFENDANT'S CONVICTIONS SHOULD BE REVERSED BECAUSE OF THE IMPROPER CREDIBILITY ASSESSMENTS ... ABUSED ITS DISCRETION AND COMMITTED REVERSIBLE ERROR IN DENYING DEFENDANT'S MOTION TO SEVER COUNTS FIVE, SIX, AND SEVEN OF THE ... OCTOBER 16, 2001, BROOKLYN NEW YORK ROBBERY OF JACK HERARI'S BMW CONSTITUTED AN ABUSE OF JUDICIAL DISCRETION BECAUSE THE ...

docket:	a2541-05
court:	NJ Superior Court Appellate Division
decided:	2009-02-05
status:	unpublished
citation:
Document Size:	195061

364 STATE OF NEW JERSEY v. FUQUAN K. KNIGHT -- rank: 639

... jury of armed robbery and other offenses. 1 The State's proofs showed that 1 For sake of clarity, we refer ... call witnesses or testify at trial, but disputed the victim's identification and their involvement in the robbery. The trial court ... period under the No Early Release Act ('NERA'), N.J.S.A. 2C:43-7.2. Defendants raise substantially overlapping issues ... convictions and respective sentences. 2 United States v. Wade, 388 U.S. 218 (1967). A-0377-20 3 A key issue raised ... research indicating that slow-motion presentations can increase a viewer's perception or inferences of intentional conduct. To date, there ...

docket:	a0377-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	101428

365 Madeline Keyworth v. CareOne at Madison Avenue; Suzanne Bender v. Harmony Village at CareOne \r\nParamus \r\n -- rank: 639

... Published.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... under the New Jersey Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25. In the ... falls at a skilled nursing facility and seeks the facility’s internal incident reports and associated documents relating to those falls ... and Jonathan Bender, as co-executors of decedent Diane Bender’s estate, seek an incident report and associated documents regarding an ... the requested materials are not discoverable pursuant to the PSA’s self-critical-analysis privilege, which shields certain internal communications from discovery in litigation. See N.J.S.A. 26:2H-12.25(b), (c), (f), (g). ...

docket:	a_17_18_23
court:	supreme
decided:	2024-08-02
status:	Published
citation:
Document Size:	74909

366 STATE OF NEW JERSEY v. KAREEM PRUNTY -- rank: 639

... was indicted and charged with: first-degree murder, N.J.S.A. 2C:11-3(a), regarding the April 17, 2007 ... degree possession of a weapon without a permit, N.J.S.A. 2C:39-5(b); and second-degree possession of a handgun for unlawful purposes, N.J.S.A. 2C:39-4(a). On March 16, 2011, at ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the murder conviction, and ... OF THE TESTIMONY OF DR. JUNAID SHAIKH VIOLATED THE DEFENDANT'S RIGHT TO CONFRONTATION MANDATING THE REVERSAL OF HIS CONVICTIONS (Not Raised Below). IV. THE ADMISSION OF BRANTLEY'S ALLEGED STATEMENT TO DETECTIVE MANOCHIO FOLLOWING HIS TRIAL TESTIMONY ...

docket:	a1365-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-28
status:	unpublished
citation:
Document Size:	116703

367 FAIR SHARE HOUSING CENTER INC v. THE ZONING BOARD OF THE CITY OF HOBOKEN -- rank: 639

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... LLC, 9th Monroe, LLC, and New Jersey Casket Company, Inc.'s (the 1415 Park respondents) motion to supplement the record to include additional documentation relating to the City's affordable housing need. We have carefully considered the four substantive ... respondents failed to show they detrimentally relied on the City's failure to apply 1 We refer to the petitioners in ... additional units. Neither the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, nor Mount Laurel 2 ... enforced because the AHO did not contain the requisite 2 S. Burlington Cnty. NAACP v. Twp. of Mount Laurel, (Mount ...

docket:	a1499-17
court:	NJ Superior Court Appellate Division
decided:	2020-09-30
status:	Unpublished
citation:
Document Size:	80622

368 STATE OF NEW JERSEY v. RASUL MCNEIL-THOMAS -- rank: 639

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... 8, 2017) (slip op. at 29), and, after granting defendant's petition for certification, State v. McNeil-Thomas, 234 N.J. 200 (2018), the Supreme Court reinstated defendant's convictions, State v. McNeil-Thomas, 238 N.J. 256, 281 ... assistance of trial counsel. We affirm because the PCR court's findings of fact and credibility determinations are supported by substantial ... by a preponderance of the evidence that either trial counsel's performance was deficient or a reasonable probability that but for counsel's purported errors, the result of the trial would have ...

docket:	a0346-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-15
status:	Unpublished
citation:
Document Size:	52374

369 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 636

... distribution of a controlled dangerous substance (CDS) (marijuana), N.J.S.A. 2C:35-5(a)(1), (b)(12) (count one ... CDS (marijuana) within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count two); fourth-degree ... possession of CDS (marijuana) with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(12) (count three ... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count four), as well ... the disorderly persons offense of possession of CDS. N.J.S.A. 2C:35-7.1(a). During the weekend prior ... here. The disposition summary is scalp lacerations, contusions multiple. That's it. He had stiches put in. He's supposed ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

370 STATE OF NEW JERSEY v. ANTWAN SIMMONS -- rank: 636

... defendant with four counts of first-degree robbery, N.J.S.A. 2C:15-1; one count of first-degree carjacking, N.J.S.A. 2C:15-2a(2); four counts of second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; two counts of second-degree burglary, N.J.S.A. 2C:18-2; nine counts of third-degree burglary, N.J.S.A. 2C:18-2; eight counts of third-degree theft of property; N.J.S.A. 2C:20-3a; four counts of third-degree ...

docket:	a3153-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	22620

371 STATE OF NEW JERSEY v. CARMINE RUSSO, -- rank: 636

... Louis Santiago certified that he was never interviewed by defendant's attorney and was never called as a witness. He said ... stating that he did not recall being interviewed by defendant's attorney before he took the stand and was never asked whether the victim's clothing contained footprint impressions. Had he been asked, he would ... complained of no pain. Moreover, he certified that the victim's clothing contained no footprint impressions. He said the victim's photograph would have shown evidence of footprints or blood if ... alleged assault. He said he was not interviewed by defendant's attorney before he testified. He said he spoke to ...

docket:	a1858-98
court:	njappellate
decided:	2000-07-18
status:	published
citation:	333 N.J.Super. 119
Document Size:	42006

372 STATE OF NEW JERSEY v. AMIE MARROCCELLI, -- rank: 636

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Div. 2017). In that case, we reversed defendant Amie Marroccelli's conviction for second- degree vehicular homicide because the trial judge ... defendant of second-degree homicide in violation of N.J.S.A. 2C:11- 5(b)(1). The judge sentenced defendant ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, and three years of parole ... I THE JUDGE IMPROPERLY REFUSED TO STRIKE TESTIMONY THAT DEFENDANT'S HUSBAND TOLD A STATE TROOPER AT THE SCENE OF THE ... CAR; THAT TESTIMONIAL STATEMENT WAS ADMITTED IN VIOLATION OF DEFENDANT'S SIXTH AMENDMENT AND STATE-CONSTITUTIONAL RIGHTS TO CONFRONT THE ...

docket:	a4243-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-23
status:	Unpublished
citation:
Document Size:	40629

373 State v. Juan Pablo Santos -- rank: 636

... the welfare of a child in exchange for the State’s agreement to drop the sexual assault charge and recommend that ... of the plea and that he was satisfied with Smith’s representation. Smith then engaged Santos in a short colloquy to ... later, the Untied States Supreme Court issued Padilla v. Kentucky , ___ U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), in which ... 2 On November 3 , 2010, the court determined that Santos’s allegations were sufficient to establish a prima facie claim ...

docket:	A-114-10
court:	NJ Supreme Court
decided:	2012-05-08
status:
citation:	210 N.J. 129 42 A.3d 141
Document Size:	84333

374 STATE OF NEW JERSEY v. JULIO VILARO -- rank: 636

... controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5a(1), b(1). That guilty plea ... upheld the first search, which was a search of defendant's bedroom, on the ground that the officers were acting within ... court to consider whether the initial illegal search tainted defendant's arrest, his post-arrest consent to a further search of ... and waiver of his rights under Miranda v. Arizona , 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), or ...

docket:	a5516-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	48233

375 BAYSIDE CHRYSLER PLYMOUTH JEEP EAGLE, INC. v. ELIZABETH MA & DAVID MA -- rank: 636

... County, Special Civil Part, Docket No. DC-9699-02. Russell S. Massey argued the cause for appellant/ cross-respondent. Laurence H ... locks, cruise control, dual air conditioner and heat, power driver's seat, am/fm cassette, alloy wheels, and forest green exterior ... THE SELLER AND THE BUYER". In the line marked "BUYER'S SIGNATURE", "PHONE ORDER" was handwritten. It also states "IF THIS ... Villager Mercury 1998." She hand delivered this check to Bayside's accounting office. Although no one questioned the payment, Bayside's Chief Financial Officer, Michael Quick, indicated that on October 19 ... retail installment sales contract. When defendants failed to answer Bayside's complaint, Bayside obtained a default judgment and shortly thereafter ...

docket:	a3575-04
court:	njappellate
decided:	2006-05-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	91206