Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. AMALIA MIRASOLA -- rank: 740

... for the weapon offense. Before trial, the court denied defendant's motion to suppress certain statements she made to police, and ... husband sexually abused their daughter, V.M., during the State's case-in-chief. Before V.M. testified for the State ... the court also warned defendant that statements from V.M.'s journal would be admissible to confront V.M. only if ... V.M. with statements from her journal, and the court's sentence. Defendant specifically argues: POINT I THE COURT ERRED IN ... APPELLANT THE OPPORTUNITY TO CORROBORATE HER CLAIMS REGARDING THE VICTIM'S ALLEGED SEXUAL MISCONDUCT WITH THEIR 13 YEAR OLD DAUGHTER POINT ... THE COURT ERRED IN PRECLUDING COUNSEL FROM CONFRONTING DEFENDANT-APPELLANT'S DAUGHTER WITH PREVIOUSLY RECORDED STATEMENTS ENTERED INTO A JOURNAL ...

docket:	a3639-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	unpublished
citation:
Document Size:	71664

32 STATE OF NEW JERSEY v. DARREN L. BRADSHAW -- rank: 740

... the following offenses: first-degree aggravated sexual assault, N.J.S.A. 2C:15-1 (counts four and eight); and third-degree terroristic threats, N.J.S.A. 2C:12-3b (counts five and nine). Counts one through five were severed on defendant's motion and count nine was dismissed prior to trial. After ... version of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State moved to have ... an extended term as a repeat violent offender, N.J.S.A. 2C:43-7.1b, or as a persistent offender, N.J.S.A. 2C:44-3a. Defendant did not oppose the ...

docket:	a4731-02
court:	njappellate
decided:	2007-04-02
status:	published
citation:	392 N.J. Super. 425
Document Size:	88750

33 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 740

... Ms. Grayson and Elena K. Weitz, on the briefs). Jeffrey S. Chiesa, Attorney General, amicus curiae (Carol M. Henderson, Assistant Attorney ... a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the ... of Domestic Violence Act of 1991 (DV Act), N.J.S.A. 2C:25-17 to -35. Smith's application for the TRO was premised on her allegation that ... charged with third-degree terroristic threats, contrary to N.J.S.A. 2C:12-3(b) (count one); fourth-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(4) (count two); and ...

docket:	a5469-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	published
citation:	427 N.J.Super. 314 48 A.3d 419
Document Size:	40229

34 State v. James D. Pennington -- rank: 734

... threatening them with a knife. Pennington tied Lyles' and Kysar's hands with a rope and taped their feet together to ... two Grand Juries sitting in Middlesex County. Indictment #224-01-93 (Indictment #224), addressed the burglary, theft and weapons charges, but ... sentenced to an extended term as a persistent offender. Pennington's status as a persistent offender was based, among other things ... for an unlawful purpose.     The sentencing court granted the State's motion, concluding that it would impose an extended term on ... because of the need for deterrence and for the public's protection. On Indictment #432, the court imposed three extended terms. For the second-degree burglary of Lyles' and Kysar's room, the court imposed a term of twenty years ...

docket:	a-113-97
court:	njsupreme
decided:	1998-07-14
status:
citation:	154 N.J. 344
Document Size:	75507

35 Liberty Mutual Insurance Co. v. Land -- rank: 730

... proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30.     Rose Land owns a ... to assess the damage and secure the structure.     After Rizzo’s wife reported that there were men on Land’s roof doing “additional damage,” Rizzo videotaped Budge and his associates working on the cabin’s roof. The videotape depicts the three men taking a portion ... Balinski also stated that many of the repairs in Budge’s estimate were unnecessary.     Liberty Mutual denied coverage and filed suit ... fees, and investigative costs totaling $82,413 and denied Budge’s motion for reconsideration.     The Lands and Budge appealed, asserting ...

docket:	a-125-04
court:	njsupreme
decided:	2006-03-14
status:
citation:	*CITE_PENDING*
Document Size:	83732

36 STATE OF NEW JERSEY v. LAVONTA BASS -- rank: 727

... Indictment No. 04-08-1051 with attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one); aggravated assault, N.J.S.A. 2C:39-7b. Defendant was tried before a jury ... 00 p.m. and drove back to Linden in Alicia's car. Alicia was driving. Julius was in the front passenger ... Defendant was standing with his girlfriend Tamara Hodge near Tamara's gold car at the intersection of Lincoln and Cleveland Streets ... to the car. Hodge drove her car past the driver's side of Alicia's car, and turned right onto ...

docket:	a6051-05
court:	njappellate
decided:	2008-11-12
status:	unpublished
citation:	197 N.J. 477
Document Size:	63289

37 State v. Luis Garcia -- rank: 727

... 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

38 STATE OF NEW JERSEY V. BRETT GOOKINS -- rank: 724

... summarized). STATE OF NEW JERSEY V. BRETT GOOKINS (A-36-93) STATE OF NEW JERSEY V. LINDA FALCONE (A-37-93) STATE OF NEW JERSEY V. ROBERT CUNNINGHAM (A-38-93)      Argued November 9, 1993 -- Decided March 21, 1994     O'HERN ... Kane made 84" of the drunk-driving arrests in Oaklyn's seven-officer police department. Falcone was arrested in September 1989 ... operation conducted by the Camden County Prosecutor resulted in Kane's conviction for falsifying the result of a breathalyzer test that ... to Gookins, Cunningham and Falcone, they each argue that Kane's criminal conduct constituted newly-discovered evidence of fraud relating ...

docket:	a-36-93
court:	njsupreme
decided:	1994-03-21
status:
citation:	135 N.J. 42
Document Size:	33304

39 STATE OF NEW JERSEY v. GARFIELD SIMPSON -- rank: 721

... possession of a controlled dangerous substance (CDS) (marijuana), N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a (count three); and fourth degree possession of a prohibited weapon (stun gun), N.J.S.A. 2C:39-3h (count four). After merging counts one ... transported him to police headquarters where he produced a driver's license bearing the 18 Belle Avenue address. At trial, defendant ... Huffin, who testified that he was a member of defendant's music group and that defendant usually paid the members in ... let her into the apartment and that King was defendant's roommate. On appeal, defendant raises the following arguments: POINT ...

docket:	a5670-05
court:	njappellate
decided:	2008-06-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	118986

40 STATE OF NEW JERSEY v. BRUCE D. BEACHAM, JR -- rank: 721

... his sentence is excessive. We agree with three of defendant's points regarding trial errors. The trial court was persuaded by the prosecution's mistaken legal arguments and erred in (1) barring the testimony of a defense witness offered to impeach the State's cooperating co-defendant, (2) threatening to give an adverse inference ... first of these errors by itself requires reversal of defendant's conviction. Cumulatively, the errors clearly cannot be deemed harmless beyond ... quoting State v. Orecchio , 16 N.J. 125 , 129 (1954)); s ee also Chapman v. California , 386 U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. ...

docket:	a1477-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-21
status:	unpublished
citation:
Document Size:	151244

41 STATE OF NEW JERSEY v. NDERIM AMETI -- rank: 721

... trial de novo suppressing Alcotest results. We grant the State's cross-appeal and affirm defendant's conviction on alternative grounds. Defendant was arrested by Lincoln Park police and charged with DWI, N.J.S.A. 39:4-50, possession of marijuana, N.J.S.A. 2C:35-10a(4), and possession of drug paraphernalia, N.J.S.A. 2C:36-2. He brought motions to suppress the ... paraphernalia. On the DWI charge, this being at least defendant's second conviction, he was sentenced to a fine of $ ...

docket:	a4169-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	55726

42 STATE OF NEW JERSEY v. P.H. -- rank: 712

... the jury that "[y]ou . . . may not consider the child's failure to complain as evidence weighing against the credibility of ... the factors relevant to an evaluation of the alleged victim's credibility. Therefore, we reverse defendant's convictions.     Following a jury trial, defendant was found guilty of ... counts of aggravated sexual assault, in violation of N.J.S.A. 2C:24-4a. The trial court sentenced defendant to ... of a child, all to be served concurrently. Thus, defendant's aggregate term is twenty years imprisonment, with a ten-year ... The court also ordered defendant to comply with the Megan's Law registration, notification and lifetime community supervision requirements. See ...

docket:	a4912-99
court:	njappellate
decided:	2002-08-02
status:	published
citation:	353 N.J. Super. 527
Document Size:	72071

43 STATE OF NEW JERSEY v. DONALD HERTEL -- rank: 708

... old boy attended the event with a friend. The evening's activities lasted from 7:00 to 8:30 and consisted ... the end of the case, the prosecutor highlighted the boy's testimony that defendant only allowed lukewarm water to strike the ... The boy and his friend went outside to his mother's car while she returned to the building to retrieve a ... that defendant was alongside her car. According to the boy's testimony, defendant approached him in the car and asked him ... began talking about the incident with his mother. The boy's mother contacted the director of the organization that had hosted ... the program, and the director contacted the Morris County Prosecutor's Office. Three days after the incident, the boy gave ...

docket:	a3156-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	69354

44 LAWRENCE LEDERMAN v. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA, INC., et al. -- rank: 705

... bar, admitted pro hac vice, and Mr. Snyder, attorneys; Kenneth S. Thyne, on the brief). Janice DiGennaro (Rivkin Radler) of the ... bar, admitted pro hac vice, Harris J. Zakarin, and Andrew S. Turkish, on the brief). Christopher J. Carey argued the cause ... A.D. Plaintiff Lawrence Lederman appeals from the Law Division's summary judgment dismissing his claims against his former employer, Prudential Life Insurance Company of America (Prudential); Prudential's vice-president and general counsel, Mark E. Faber; his former ... firm,; and multiple LMB attorneys. The court dismissed outright plaintiff's claims against a number of the individual defendants, while at the same time it dismissed and referred plaintiff's claims against Prudential and LMB and its principals to ...

docket:	A1485-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-09
status:	published
citation:
Document Size:	97581

45 State v. Randolph White -- rank: 705

... across the nose with it. A third went through Morris's pockets.     Following the assault, Morris called the police. The responding ... had nothing to do with the crime and that Morris's identification of White as one of the assailants was a ... not do.”     White and Williams were tried together. The State's case relied on testimony by Morris and the responding officers, which was inconsistent in many respects. In addition, Morris's identification testimony of White and Williams fluctuated.     White presented an ... he spotted the officers because he was carrying marijuana. White's account was corroborated by two of the men who had ... sought to further substantiate his account by introducing Sharone Smith's confession into evidence. Smith did not testify. Therefore, the ...

docket:	a-182-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	155 N.J. 212
Document Size:	58995