Search Rutgers Law Library N.J. Court Opinions

16 State v. Rohan Goulbourne -- rank: 914

... C.A. §§ 1101(a)(43)(B), 1227(a)(2)(A)(iii). Gaitan was subsequently removed and filed a PCR ... State’s petition for certification. 206 N.J. 330 (2011). 2 In 2008 , defendant Rohan Goulbourne, a lawful permanent resident, pled ... or she would not have pled guilty. (pp. 8-10) 2. Nuñez-Valdéz held that when counsel provides false ... and PATTERSON, and JUDGE WEFING (temporarily assigned) join in JUSTICE l a VECCHIA’ s opinion . justice albin filed a separate, dissenting ... Act (INA), 8 U.S.C.A. § 1227(a)(2). Each alleges that he received ineffective assistance of counsel contrary ... v. Kentucky , 559 U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), because his attorney provided either ...

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

17 State v. Frensel Gaitan -- rank: 914

... C.A. §§ 1101(a)(43)(B), 1227(a)(2)(A)(iii). Gaitan was subsequently removed and filed a PCR ... State’s petition for certification. 206 N.J. 330 (2011). 2 In 2008 , defendant Rohan Goulbourne, a lawful permanent resident, pled ... or she would not have pled guilty. (pp. 8-10) 2. Nuñez-Valdéz held that when counsel provides false ... and PATTERSON, and JUDGE WEFING (temporarily assigned) join in JUSTICE l a VECCHIA’ s opinion . justice albin filed a separate, dissenting ... Act (INA), 8 U.S.C.A. § 1227(a)(2). Each alleges that he received ineffective assistance of counsel contrary ... v. Kentucky , 559 U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), because his attorney provided either ...

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

18 State of New Jersey v. Jesse Timmendequas -- rank: 906

... for a further interview. Timmendequas arrived at the station at 2:50 a.m. He was read Miranda warnings, and signed ... there is no evidence of jury taint. (pp. 26-51) 2. There was nationwide publicity surrounding the adoption of Megan' Law ... Court, Law Division, Mercer County.          William R. Smith and Jay L. Wilensky , Assistant Deputy Public Defenders, argued the cause for appellant ... appeals directly to this Court as of right. See R. 2:2-1(a)(3). We affirm defendant's conviction for murder ... advance to kill or seriously injure the victim (twelve jurors); (2) felt remorse (six jurors); (3) was subjected to years ...

docket:	a-172-97
court:	njsupreme
decided:	1999-08-10
status:
citation:	161 N.J. 515
Document Size:	446325

19 State v. Eileen Cassidy -- rank: 904

... calibration unit heated the solution to a temperature within 0.2 degrees of 34 degrees Celsius. When a thermometer’s temperature ... a conviction, is of significant public importance. (pp. 9-10) 2. Scientific test results are admissible in a criminal trial only ... general acceptance and may do so using (1) expert testimony, (2) scientific and legal writings, and (3) judicial opinions. The party ... adopts the Special Master’s detailed credibility findings. (p. 12) 2 4. Based on the credible testimony, the Special Master determined ... Court relaxes the five-year time bar, R. 7:10-2(b)(2), in the interests of justice. The Court asks the ...

docket:	a-58-16
court:	NJ Supreme Court
decided:	2018-11-13
status:
citation:	235 N.J. 482 197 A.3d 86
Document Size:	393091

20 State v. Charles Apprendi, Jr. -- rank: 899

... s discriminatory purpose in committing the crime. (pp. 8-14) 2. Consistent with those principles, this Court has struck down those ... doubt standard of proof must be applied.         [ 67 U.S.L.W. 3289 , Vol. 67, No. 16 (Nov. 3, 1998).]      This ... denied , 513 U.S. 970 , 115 S. Ct. 440 , 130 L. Ed.2d 351 (1994), holding that the same language in N ... denied , 513 U.S. 970 , 115 S. Ct. 440 , 130 L. Ed.2d 351 (1994).     States began to enact laws to ...

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

21 State v. Nathaniel Harvey -- rank: 889

... was to inflict only serious bodily injury. (pp. 15-22) 2. The trial court's instruction and the verdict sheet prevented ... Assistant Deputies Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Nancy A. Hulett , Deputy Attorney General ... denied , 499 U.S. 931 , 111 S. Ct. 1336 , 113 L. Ed.2d 268 (1991). The phrase "Gerald charge" refers to a ... car tour to point out the locations of his crimes.         2. October 29, 1985     At 10:00 a.m. on the ... and held that the State's DNA evidence was admissible.         2. Guilt Phase     After a lengthy jury-selection process, the ...

docket:	a-23-95
court:	njsupreme
decided:	1997-07-30
status:
citation:	121 N.J. 407
Document Size:	449461

22 State v. William L. Witt -- rank: 889

... any opinion may not have been summarized.) State v. William L. Witt (A-9-14) (074468) Argued April 14, 2014 -- Decided ... v. Pena-Flores , 198 N.J. 6 (2009). Defendant William L. Witt was charged in an indictment with second-degree unlawful ... At the suppression hearing, Officer Racite testified that at approximately 2:00 a.m., while providing backup for a motor-vehicle ... stop was not preserved for appellate review. (pp. 8-10) 2. Having addressed defendant’s challenge to the lawfulness of the ... New Jersey is permissible where (1) the stop is unexpected; (2) the police have probable cause to believe that the vehicle ... warrants, with the process taking, on average, 1.5 to 2 hours. The State Police also reported that since Pena- ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

23 McNeil v. Legislative Apportionment Commission -- rank: 874

... New Jersey Constitution’s political boundary requirement, Article IV, Section 2, Paragraph 3, now can be validly enforced with respect to ... 2001), Republicans and others alleged that the plan violated Section 2 of the Voting Rights Act of 1965 (VRA) and plaintiffs ... it violated the political boundary requirement of Article IV, Section 2, Paragraph 3 of the New Jersey Constitution. On cross-motions ... of a redistricting plan that conforms with Article IV, Section 2, Paragraph 3 of the New Jersey Constitution.     The Supreme Court ... on the Supremacy Clause, U.S. Const. Art. VI. cl. 2, in order to comply with the VRA. The Law Division ... not enforceable against Newark and Jersey City. (Pp. 7-18) 2. Bodine VII , Scrimminger , and Davenport II did not directly ...

docket:	a-73-02
court:	njsupreme
decided:	2003-07-31
status:
citation:	177 N.J. 364
Document Size:	142099

24 State v. Traci E. Stanton -- rank: 874

... parole disqualifier was granted. The Court heard argument on January 2, 2002, and decided to withhold disposition until the United States ... 1) that the defendant operated a motor vehicle or vessel; (2) that the defendant’s operation caused the death of another ... substantially more than two or three beers as everyone remember[ed]” and that “[t]he manner in which the accident occurred ... minimum parole ineligibility,] N.J.S.A. 2C:11-5b(2)[,] and the corresponding NERA provision [requiring a defendant to serve ... a violent crime,] N.J.S.A. 2C:43-7.2.” Stanton , supra , 339 N.J. Super. at 7. Specifically, “NERA ... DeLuca , 484 U.S. 944 , 108 S. Ct. 331 , 98 L. Ed.2d 358 (1987), the trial judge was required ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

25 State v. Ambrose A. Harris -- rank: 871

... Mississippi , 472 U.S. 320 , 105 S. Ct. 2633 , 86 L.Ed.2d 231 (1985). This Court has stated that a meaningful ... Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002), which held that the Eighth Amendment prohibits ... sufficient to undermine confidence in the outcome. (pp. 33-36) 2. Among Harris’s claims of ineffective assistance during the guilt ... Plaintiff-Respondent,      v. AMBROSE A. HARRIS,     Defendant-Appellant. Argued March 2, 2004 – Decided October 19, 2004 On appeal from the ...

docket:	a-94-02
court:	New Jersey Supreme Court
decided:	2004-10-19
status:
citation:
Document Size:	346503

26 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 871

... Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United States Supreme Court held that ... Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed.2d 256 (1989) in light of evolving standards of decency ... U.S. at 318, 122 S. Ct. at 2250, 153 L. Ed. 2d at 348. However, it recognized that because of ...

docket:	A3737-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:
Document Size:	216466

27 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 871

... Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United States Supreme Court held that ... Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed.2d 256 (1989) in light of evolving standards of decency ... U.S. at 318, 122 S. Ct. at 2250, 153 L. Ed. 2d at 348. However, it recognized that because of ...

docket:	A3736-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:	380 N.J. Super. 1 880 A.2d 468
Document Size:	216489

28 STATE V. BOBBY LEE BROWN -- rank: 868

... that the State has met that burden. (pp. 25-32) 2.    The trial court's charge to the jury on the ... II, argued the cause for appellant and cross-respondent ( Susan L. Reisner , Acting Public Defender, attorney). Nancy A. Hulett , Deputy Attorney ... and said that he would be willing to pay Runyon $2,000 for it. Defendant stated that he wanted the gun ... the Legislature enacted the New Jersey Death Penalty Act (Act), L. 1982, c. 111, and "resurrect[ed] the distinction between a principal and an accomplice" for the ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed. 803 (1989). We described the requirements of the ...

docket:	a-20-93
court:	njsupreme
decided:	1994-12-21
status:
citation:	138 N.J. 481
Document Size:	257909

29 New Jersey Transit PBA Local 304 v. New Jersey Transit -- rank: 866

... probable-cause requirements in the particular context. (pp. 14-21) 2. The Supreme Court found that the individuals subject to testing ... New Jersey State Lodge of Fraternal Order of Police. Paul L. Kleinbaum submitted a brief on behalf of amicus curiae New ... facilities in New Jersey. N.J.S.A. 27:25-2, -4a, -5, -10. By its enabling legislation, the Agency is ... Employee Testing Act of 1991 ("Act" or "Federal Act"), Pub. L. 102-143, 105 Stat. 952 (1991) (codified as amended in ... of the collection and transfer process, id. § IX.D.1, 2, 5, 6, and may not be a supervisor or co-worker of the tested employee, id. § IX.C.2. Unless NJ Transit has reason to believe that the ...

docket:	a-130-96
court:	njsupreme
decided:	1997-09-25
status:
citation:	147 N.J. 259
Document Size:	104388

30 Abbott v. Burke -- rank: 866

... of the Constitution. See N.J. Const. art. VIII, § 2, ¶ 2. Although it is true that past decisions of this Court ... Abbott districts the promise of educational opportunity. (pp. 14-28) 2. In the instant matter, after reviewing the parties’ briefs on ... the Legislature, N.J. Const. art. VIII, § II, ¶ 2, this Court should defer to the appropriations choices made by ... suspend not a statutory right, but rather a constitutional obligation, 2) which has been the subject of more than twenty court ... ordered here should not be granted on a 3-to-2 vote. JUSTICE HOENS has filed a separate, DISSENTING opinion, ...

docket:	M-1293-09_8
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669492