Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. ERIC WHITE -- rank: 791

... at the apartment and found defendant present with the victim's dead body and a knife with traces of the victim's blood on it. In addition, the victim had a blunt ... the victim. The jury convicted defendant of murder, N.J.S.A. 2C:11-3(a), and of third-degree possession ... a weapon (a knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d). The jury acquitted defendant of ... parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. The court merged the weapons ... the 2011 trial; (2) the trial court improperly admitted defendant's custodial statement to the police, despite his language and ...

docket:	a1988-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-18
status:	unpublished
citation:
Document Size:	172967

17 State of New Jersey v. George Jenewicz -- rank: 787

... the cumulative impact of errors that occurred during defendant Jenewicz's trial cast doubt on the fairness of the trial and on the propriety of the jury's verdict, thereby requiring a new trial. 2 On October 22 ... pursued Jenewicz through their home armed with one of Jenewicz's shotguns, but she tripped and injured her right arm, ending the chase, when the shotgun's muzzle caught in a banister spoke on the staircase. Jenewicz ... chairs or bowling balls against doorframes, and began carrying Jenewicz's shotgun around the house, scattering ammunition in different rooms. On ... a few days and then dismembered it. At trial, Jenewicz's testimony about Gillens's paranoia and violence was corroborated ...

docket:	a-78-06
court:
decided:	2008-01-28
status:
citation:	*CITE_PENDING*
Document Size:	150182

18 State v. Alexander Branch -- rank: 787

... Court. This appeal involves a challenge to the trial court’s admission of a police detective’s hearsay testimony. Defendant, Alexander Branch, was charged in a Union ... heard screams coming from the upstairs bedroom of O’Nieal’s seven-year-old twins, John and Juliana. Within moments, a ... a gap between his teeth” and dirty hands. The children’s statements were admitted as “excited utterances” pursuant to N.J ... identifiable fingerprint lifted from the house matched any of Branch’s. A week after the robbery, Gannon and O’Nieal were ... facial hair. Both Gannon and O’Nieal independently selected Branch’s photograph as that of the intruder. At trial, both ...

docket:	a-78-03
court:	njsupreme
decided:	2005-02-01
status:
citation:	182 N.J. 338
Document Size:	101477

19 STATE OF NEW JERSEY v. CHAD BIVINS -- rank: 784

... Law Division, Camden County, Indictment No. 11-06-1396. Lauren S. Michaels, Assistant Deputy Public Defender, argued the cause for appellant ... following the search of the two men, finding that Bivins's and Jordan's removal from the vehicle and the contemporaneous search of the ... the record in light of Bailey v. United States , __ U.S. __, 133 S. Ct. 1031, 185 L. Ed.2d 19 (2013), a decision ...

docket:	a1577-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	published
citation:	435 N.J.Super. 519 89 A.3d 628
Document Size:	39955

20 State of New Jersey v. Michael Arthur -- rank: 781

... Division affirmed the conviction and sentence. This Court denied Arthur’s petition for certification.     Arthur filed a petition for post-conviction ... other potential witnesses whom counsel did not call at Arthur’s trial. Judge Barisonek, who also was the trial judge, conducted ... a two-day evidentiary hearing in which Jackson, Arthur, Arthur’s brother, Arthur’s fiancée Crystal Ross and defense counsel all testified.     At the hearing on Arthur’s petition for post-conviction relief, Robert Jackson testified that Arthur ... first day of the trial and that he told Arthur’s lawyer that he was the one who sold drugs ...

docket:	a-71-04
court:	njsupreme
decided:	2005-07-19
status:
citation:	184 N.J. 307
Document Size:	132697

21 State v.Josephine Castagna, et al. -- rank: 778

... counsel an opportunity to cross-examine one of the State’s crucial witnesses concerning the reason the witness changed her statement ... to second-degree reckless manslaughter and became a key State’s witness. During the police investigation of the incident, Arias gave ... moved to use the polygraph test results to impeach Arias’s testimony. They also sought to call the polygrapher as a ... On appeal, defendants asserted reversible error in the trial court’s refusal to allow defense counsel an opportunity to cross-examine ... ineffective assistance of counsel. The Supreme Court granted the State’s petition for certification in State v. Castagna , 185 N.J ... in denying defendants the right to cross-examine the State’s witness concerning the polygraph test results, but the error ...

docket:	a-13-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	104274

22 THE AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, INC. et al. v. COUNTY OF HUDSON, et al. -- rank: 778

... Thomas     Calcagni, Gregory G. Katsas, Mark B. Stern and     Katherine S. Dawson).     Ronald Chen (Rutgers Constitutional Litigation Clinic)     argued the cause ... County and Felix     Garcia (Matthew Malfa on the brief).     Joseph S. Sherman, Hudson County Counsel, attorney     for respondents Hudson County and ... United States or the government), appeals from the trial court's order and judgment requiring defendants, the counties of Hudson and ... Jacobs, its executive director, cross-appeal from the trial court's grant of the government's motion to intervene. The counties each cross- appeal, conditionally in ... the order granting intervention is reversed, from the trial court's order dismissing their third- party complaints against the INS. ...

docket:	a4100-01
court:	njappellate
decided:	2002-06-12
status:	published
citation:	352 N.J. Super. 44
Document Size:	98021

23 State v. Allen James -- rank: 772

... Abaza stopped his car, the man walked to the driver's side window and pulled a handgun. The man demanded that ... getting into the car, a second man entered the passenger's side.     Abaza described the men in detail to the police ... that he was in the room. Abaza quickly picked James's photograph out as the gunman.     James and Luis Vincent were indicted for robbery. James moved to suppress Abaza's out-of-court identification and any in-court identification arising ... The State objected. The trial court determined that if James's attorney opened the door to the identification issue, the State could introduce the otherwise-excluded evidence of the victim's prior identification. Defense counsel withdrew the question.     James was ...

docket:	a-106-95
court:	njsupreme
decided:	1996-06-20
status:
citation:	144 N.J. 538
Document Size:	65848

24 STATE OF NEW JERSEY v. THOMAS NEVIUS -- rank: 768

... convicted of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3a(1) and (2) 1 ; felony murder, N.J.S.A. 2C:11-3a(3); second-degree burglary, N.J.S.A. 2C:18-2; and third-degree conspiracy to commit burglary, N.J.S.A. 2C:18-2 and N.J.S.A. 2C:5-2. 2 He was sentenced to an ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, requirement of 55 years, ...

docket:	a5438-07
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 379 45 A.3d 360
Document Size:	105164

25 Muhammad v. County Bank of Rehoboth Beach, Delaware -- rank: 759

... agreement. 1. Pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, arbitration agreements are on the ... relitigating similar claims. (pp. 18-20) 4. Applying Rudbart ’s four factors, the Court determines that the presence of the class-arbitration waiver in Muhammad’s consumer arbitration agreement, which is a contract of adhesion, renders ... as a matter of New Jersey contract law. Rudbart ’s fourth factor is the most important in the present case. Muhammad’s individual consumer-fraud case involves a small amount of damages ... any realistic challenge to the substance of the loan-contract’s terms in pursuit of statutory rights. Because class-action ...

docket:	a-39-05
court:
decided:	2006-08-09
status:
citation:	*CITE_PENDING*
Document Size:	103136

26 State v. Quinn Marshall -- rank: 759

... found at 199 N.J. 602 or 974 A.2d 1038. SYLLABUS (This syllabus is not part of the opinion of ... further judicial oversight or review. The Court granted the State's petition for certification. 196 N.J. 461 (2008). HELD : The ... neutral and detached magistrate. (pp. 8-11) 3. The State's affidavit in support of the search warrant clearly indicated that ... was valid, the State cites Maryland v. Garrison , 480 U.S. 79 (1987), State v. Wright , 61 N.J. 146 (1972 ... possession and control." That dictum does not support the State's assertion that it was sufficient to refer only to the ... the warrant. There was no effort to determine King Zeke's legal name or the apartment he resided in at ...

docket:	a-33-08
court:	supreme
decided:	2009-07-21
status:
citation:	199 N.J. 602 974 A.2d 1038
Document Size:	151246

27 STATE OF NEW JERSEY v. CHRISTOPHER FOUNTAIN -- rank: 756

... twenty-five-year sentence of imprisonment. We affirm the jury's verdict but remand for a change of the sentence. The ... shooting occurred in Atlantic City on October 9, 2006. Defendant's trial was held in June 2010. The victim testified at ... used for the shooting in the backyard of a neighbor's house. The victim was rushed to a nearby hospital, where ... night drinking with others on the porch of his cousin's house on South Carolina Avenue, but he was not present ... to provide information about defendant as his assailant. At defendant's trial, the cooperating witness who had been arrested on unrelated ... a description of the shooter that did not fit defendant's physical appearance and was similar to the description provided ...

docket:	a1104-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	34777

28 State of New Jersey v. Violet Brown -- rank: 743

... the Court in this appeal are: whether a confidential informant's statements to the police should have been admitted into evidence ... informant told Officer Maurice Crosby, of the Trenton Police Department's Vice Enforcement Unit, that Sharon Spence and Violet Tomlinson (also ... Officer Crosby obtained a search warrant for Spence and Tomlinson's apartment. In his affidavit, Officer Crosby stated that the confidential ... search warrant was executed on August 5, 1994, in Brown's and Spence's presence. Officers discovered cocaine in the kitchen freezer. Marijuana was found in Brown's second-floor bedroom, and on top and in Spence' ...

docket:	a-23-00
court:	njsupreme
decided:	2001-12-03
status:
citation:	170 N.J. 138
Document Size:	130821

29 State v. Leslie Ann Nelson -- rank: 743

... Norcross and Investigator John McLaughlin of the Camden County Prosecutor's Office, accompanied by another detective and a DYFS investigator, went ... house in the afternoon with a warrant to search Nelson's bedroom. After Nelson's mother admitted Norcross and McLaughlin into the house, Nelson opened ... the two capital murder counts and aggravated assault. After Nelson's first penalty trial, she was sentenced to life imprisonment for ... murder of Officer John Norcross. However, this Court vacated Nelson's death sentence due to the State's failure to turn over evidence favorable to the defense. ...

docket:	a-29-01
court:
decided:	2002-07-30
status:
citation:	173 N.J. 417 803 A.2d 1
Document Size:	364949

30 State v. Walter Townsend -- rank: 740

... whether expert testimony related to battered women and battered woman’s syndrome was properly admitted at a murder trial, twenty years ... crime was committed, to convince the jury that the victim’s dying declaration exonerating defendant was not credible.     On December 11 ... crashing his blue pickup truck through the gate to Williams’s garage. On the way to the hospital, Townsend instructed Jason ... and, later at the hospital, observed recent damage to Townsend’s blue truck. Inside the home, the officers found blood on ... and could find no other evidence in support of Jason’s story that Townsend beat Williams inside the home. No other ... discussed the article. Later, Jason called the Mercer County Prosecutor’s Office and requested that the investigation be reopened. On ...

docket:	a-112-04
court:	njsupreme
decided:	2006-05-15
status:
citation:	*CITE_PENDING*
Document Size:	95504