Search Rutgers Law Library N.J. Court Opinions

1 State v. Robert O. Marshall -- rank: 1000

... to murder his wife, and sentenced to death. The State's theory at trial was that defendant had hired another to ... that court a petition for post-conviction relief (PCR). Defendant's amended petition contained a total of 548 grounds for reversal ... would be taken except on five claims involving defense counsel's representation in opening statement that defendant would testify, and defendant's competence to take part in the penalty-phase proceeding after ... defendant to present documentary evidence only.     The court denied defendant's petition for PCR, finding defendant's legal arguments to be without merit and concluding that ...

docket:	a-38-95
court:	njsupreme
decided:	1997-03-05
status:
citation:	130 N.J. 109
Document Size:	586551

2 State v. Nathaniel Harvey -- rank: 971

... profusely.     Investigating police detected no signs of forced entry. Schnaps's bedroom, however, was a scene of obvious struggle. Blood stains ... room. It appeared that someone had attempted to wipe Schnaps's body clean of blood. A white pillowcase bore a bloody ... empty Olympus camera box, and an empty jewelry box. Schnaps's pocketbook was open and did not contain any money.     Throughout ... one a Seiko-LaSalle like the watch missing from Schnaps's apartment. Defendant was arraigned for Schnaps's murder. He said that he would tell police about the ... warnings. Defendant confessed to murdering Schnaps shortly thereafter.     At defendant's first trial, the State relied on defendant's confession. ...

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

3 Planned Parenthood of Central New Jersey v. John J. Farmer, Jr. -- rank: 889

... State statute, the Parental Notification for Abortion Act ( N.J.S.A. 9:17A-1.1 to -1.12), that conditions a minor's right to obtain an abortion on parental notification unless a ... on June 28, 1999. The Act sets forth the Legislature's findings that there exist compelling and important State interests in ... abortion or when the attending physician certifies in the minor's medical records that the abortion is necessary due to a ... that notification of the parent is not in the minor's best interests. If the judge does not make findings permitting waiver, the physician must comply with the Act's notice provisions before performing the abortion or face potential ...

docket:	a-52-99
court:	njsupreme
decided:	2000-08-15
status:
citation:	165 N.J. 609
Document Size:	135577

4 Lula M. Henry v. New Jersey Department of Human Services -- rank: 873

... complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). 2 In early ... on which to extend the statute of limitations on Henry’s retaliation claim. That cause of action accrued at or before ... If none exists, the court decides whether the trial court’s ruling on the law was correct. (pp. 9-10) 2 ... then shifts back to the employee to prove the employer’s stated reason was false and motivated by discriminatory intent. A ... 200 N.J. 555 (2010), the Court considered a plaintiff’s argument that cancellation of his insurance after he was terminated ... light of Roa , the Court affirms the judgment dismissing Henry’s retaliation claim because there is no equitable basis on ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

5 State v. Richard Feaster -- rank: 863

... a foreign jury be impanelled from Salem County.     At Feaster's trial, the State presented the testimony of a circle of ... that he had "killed the guy" and "blew the dude's head off." Also, Feaster insisted on watching the 11:00 ... a robbery. Slightly less than $200 was taken from Donaghy's pocket after he was shot. Feaster presented ten mitigating factors ... a death sentence. HELD : Any error in the trial court's sequential presentation of own-conduct murder and accomplice-liability murder ... the circumstances presented here, however, any error in the court's sequential presentation of own-conduct murder and accomplice-liability murder ... harmless. Because only one individual pulled the trigger, the jury's finding that Feaster was the shooter necessarily reflected its ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

6 State of New Jersey v. Demetrius C. Cope -- rank: 844

... testimony. he and five other police officers went to defendant’s apartment to execute a warrant for his arrest. Sergeant Brintzinghoffer ... kick in the door unless defendant answered. April Grant, defendant’s adult daughter, opened the door. Sergeant Brintzinghoffer and another officer ... The trial court found the sergeant credible and denied defendant’s motion to suppress on the basis that he conducted a ... guarding the rear of the apartment, recalled seeing the porch’s sliding glass door open, its screen door come crashing down ... placed the rifle on his porch without his knowledge. Defendant’s daughter testified that the balcony was cluttered and that defendant ... second Rule 104 hearing at the conclusion of the State’s case to determine the admissibility of Santiago’s notarized ...

docket:	A-13-14
court:	NJ Supreme Court
decided:	2016-04-25
status:
citation:	224 N.J. 530 135 A.3d 562
Document Size:	96129

7 State v. Anderson Garron -- rank: 844

... trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victim’s past relationship with defendant, Anderson Garron. A Cumberland County grand ... an encounter on September 28, 1998, between the victim, J.S., and Garron. The precise nature of that encounter was sharply contested by J.S. and Garron at trial. J.S. asserted that Garron raped her, whereas Garron claimed that the ... consensual sexual act. The history of the relationship between J.S. and Garron became the central focus of the pretrial ...

docket:	a-16-02
court:	njsupreme
decided:	2003-07-23
status:
citation:	177 N.J. 147
Document Size:	148455

8 The Committee to Recall Robert Menendez v. Nina Wells -- rank: 835

... a district. The Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which went into effect ... or any State or local elected official.” N.J.S.A. 19:27A-2. 2 On September 25 , 2009, pursuant ... Committee to Recall Robert Menendez from the Office of U.S. Senator (Committee), submitted to Nina Wells, then-New Jersey Secretary ... panel framed the issue before it as whether the State’s constitutional and statutory recall measures, as applied to a United ... the norms of judicial restraint and compel that the Committee’s process in circulating a recall petition be halted. In light ... 2 On April 27 , 2010, this Court granted Senator Menendez’s petition for certification. HELD: The matter is ripe for ...

docket:	A-86-09
court:	NJ Supreme Court
decided:	2010-11-18
status:
citation:	204 N.J. 79 7 A.3d 720
Document Size:	437147

9 State v. Richard Feaster -- rank: 829

... alleging numerous grounds for reversal. The PCR court rejected Feaster’s petition for relief, and he appealed as of right to ... this opinion – whether the prosecutor interfered with a defense witness’s decision to testify in the PCR proceeding and violated Feaster’s rights to due process and compulsory process rights. The witness is Michael Sadlowski, who had been one of Feaster’s closest friends at the time of the murder. There was ... direct physical evidence linking Feaster to the murder. The State’s case was based almost exclusively on the inculpatory statements made ... by friends and acquaintances of Feaster, including Sadlowski. At Feaster’s murder trial, Sadlowski testified, among other things, that on ...

docket:	a-63-03
court:	njsupreme
decided:	2005-07-14
status:
citation:	184 N.J. 235
Document Size:	164244

10 State v. Jeffrey Bunyan -- rank: 825

... Tavern in Newark shot and killed one of the tavern's owners, Melvin Mann, and then escaped. Several people, including the ... called several witnesses to rebut the testimony of the State's witnesses. The jury convicted Bunyan of the murder of Melvin ... killer should Bell persist in attempting to contact her. Bell's further efforts to contact Brown were unsuccessful.     More than two ... filed a motion for a new trial based on Bell's affidavit in which he relayed Brown's exculpatory statement. By this time, Brown had died. The trial court denied Bunyan's motion because that portion of Bell's affidavit that ...

docket:	a-81-97
court:	njsupreme
decided:	1998-06-04
status:
citation:	154 N.J. 261
Document Size:	38015

11 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 822

... mentally defective victim, M.G. In September 1990, the prosecutor's application to have three juveniles, Christopher Archer, his brother Paul ... second degree conspiracy to commit aggravated sexual assault ( N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine ... J. 454, 459 (1967). The judge must view the State's evidence, both direct and circumstantial, in its entirety and give ... be drawn" from that testimony. Ibid. In reviewing the judge's determination, we can give no consideration to any evidence or inferences from the defendant's case and must exclude from our consideration any improperly admitted evidence. Ibid.     At the close of the State's case, defendants moved for judgments of acquittal on all ...

docket:	a4374-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

12 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 822

... mentally defective victim, M.G. In September 1990, the prosecutor's application to have three juveniles, Christopher Archer, his brother Paul ... second degree conspiracy to commit aggravated sexual assault ( N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine ... J. 454, 459 (1967). The judge must view the State's evidence, both direct and circumstantial, in its entirety and give ... be drawn" from that testimony. Ibid. In reviewing the judge's determination, we can give no consideration to any evidence or inferences from the defendant's case and must exclude from our consideration any improperly admitted evidence. Ibid.     At the close of the State's case, defendants moved for judgments of acquittal on all ...

docket:	a4887-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

13 STATE OF NEW JERSEY VS LLOYD BURGESS -- rank: 816

... mandated definitional jury instructions in a prosecution under N.J.S.A. 2C:35-3, the drug-kingpin statute, which became ... trafficking network" were essential in order to guide the jury's determination that "defendant's status and activities warranted the punishment which the Legislature has ... instructions was not raised, was also decided before this court's opinion in Alexander . Defendant's petition for certification was denied prior to the Supreme Court's Alexander opinion. State v. Burgess , 134 N.J. 566 ( ...

docket:	a7127-94
court:	njappellate
decided:	1997-02-18
status:	published
citation:	298 N.J.Super. 254
Document Size:	88633

14 State of New Jersey v. Kenneth Guenther -- rank: 810

... lived in the same household and acted as D.F.'s stepfather at the time of the alleged offenses. On the ... sexual abuse by her neighbor was a lie. The prosecutor's investigation was completed on July 1, 1999, with no charges ... false accusation to be used to impeach a victim-witness's credibility will promote fairness in the trial process and is ... reputation, or a prior criminal conviction to attack a witness's credibility by establishing the witness's character for untruthfulness. However, evidence of specific instances of conduct ... of prior instances of untruthful conduct to impeach the witness's credibility, but the auxiliary policies regarding unfairness to the ...

docket:	a-102-02
court:
decided:	2004-08-09
status:
citation:	181 N.J. 129 854 A.2d 308
Document Size:	155229

15 STATE v. ALEX SANCHEZ -- rank: 803

... was to begin, Alex moved for severance based on Juan's July 1988 affidavit in which Juan admitted committing the Wyman ... was questioned regarding his intentions to testify on his brother's behalf. Juan stated that he would not testify if he ... sure whether he would or would not testify at Alex's trial if severance was granted.     The trial court denied the severance motion, citing Alex's failure to demonstrate that Juan would testify at Alex's trial if severance were granted. The court also found the ... used as a device to get one of the brother's acquitted. In addition, the court found the motion untimely ...

docket:	a-29-95
court:	njsupreme
decided:	1996-02-05
status:
citation:	143 N.J. 273
Document Size:	69980