Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. LAQUAWN HILL -- rank: 786

... a weapon for unlawful purposes, and armed robbery, 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). We disagree with ... robbery, got away. When later shown photo arrays including defendant's photograph, one of the victims could not make an identification ... afternoon of September 18, 2005, he was at his mother's New Brunswick home with his stepfather and defendant. Without having ... name in it. Subsequently, the Family Part judge rejected Emendo's plea agreement because Emendo got into a fight with ...

docket:	A0338-07
court:	NJ Superior Court Appellate Division
decided:	2008-03-13
status:	unpublished
citation:
Document Size:	94769

17 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 786

... 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

18 STATE OF NEW JERSEY v. JENERI E. ARROYO-HERNANDEZ -- rank: 779

... Arroyo-Hernandez, guilty of second-degree sexual assault, N.J.S.A. 2C:43-7.2. On count two, the court ... concurrent seven-year prison term. Mandatory fines, penalties, and Megan's Law conditions were imposed as well. On appeal, defendant presents ... EVIDENCE. B. DEFENSE COUNSEL FAILED TO OBJECT TO THE PROSECUTOR'S REMARKS DURING HIS SUMMATION WHICH WERE IMPROPER AND DENIED THE ... WARRANTED. POINT II THE TRIAL COURT ERRED IN DENYING DEFENDANT'S APPLICATION FOR A BILL OF PARTICULARS. POINT III THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST FOR DISCOVERY OF THE PRIOR TOUCHING OF THE VICTIM ... IT WAS ERROR FOR THE TRIAL COURT TO DENY DEFENDANT'S MOTION TO ADMIT THE AFFIDAVIT OF THE VICTIM'S ...

docket:	a0236-05
court:	NJ Superior Court Appellate Division
decided:	2008-07-16
status:	unpublished
citation:
Document Size:	126314

19 State v. Anderson Garron -- rank: 776

... 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

20 State v. Jacinto K. Hightower -- rank: 766

... up, cried out, and again refused to comply with defendant's demands to open the cash register. Defendant shot Ms. Barlieb ... third time, in the head. A customer discovered Ms. Barlieb's body in the store's dairy freezer a short time later.     Defendant was convicted of ... trial in 1990. The reversal was based on the State's concession that the trial court erroneously charged the jury to ... juror misconduct that exposed the jury to extraneous influences, defendant's death sentence is reversed, and the matter is remanded for ... improperly expanded the scope of R . 1:8-2(d)'s inability-to-continue standard when it removed the offending ...

docket:	a-22-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 239
Document Size:	115509

21 State v. Jerry Black -- rank: 763

... appeal is whether, in view of the revocation of Black's parole by the Parole Board, Black's criminal prosecution for absconding from parole is barred by principles ... was indicted for absconding from parole pursuant to N.J.S.A. 2C:29-5b in February 1993.     Black, who had ... guilty to the absconding charge in return for the State's agreement to recommend a three-year sentence to be served ... the Parole Board issued a Notice of Decision revoking Black's parole and ordering him to complete the remaining 337 days ... October 6, 1995. The Appellate Division rejected both of Black's contentions. The Supreme Court granted his petition for certification. ...

docket:	a-53-97
court:	njsupreme
decided:	1998-05-14
status:
citation:	153 N.J. 438
Document Size:	69604

22 SEASIDE PARK BOARD OF EDUCATION v. COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 760

... respondent Commissioner of the New Jersey Department of Education (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General ... and its Board of Education , appeal from the Chancery Division's dismissal of their various claims seeking dissolution of the Central ... to withdraw from the District, or alteration of the District's funding formula. 2 We are satisfied the Legislature has established ... 133 , cert. denied sub nom Klein v. Robinson , 423 U.S. 913 , 96 S. Ct. 217 , 46 L. Ed.2d 141 (1975); Robinson v. ...

docket:	a0743-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-12
status:	published
citation:	432 N.J.Super. 167 74 A.3d 80
Document Size:	156296

23 State of New Jersey v. Violet Brown -- rank: 760

... 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

24 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 757

... 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

25 STATE OF NEW JERSEY v. P.H. -- rank: 750

... 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

26 Anne Pasqua, et al. v. Hon. Gerald J. Council, et al. -- rank: 747

... Council. The judges conducted enforcement hearings to determine each person's ability to pay his or her support obligations. The three ... in United States District Court seeking relief under 42 U.S.C.A. §1983 . They named Judges Council and Forrester as ... Office of the Courts issued a protocol implementing Judge Feinberg's rulings. The protocol specifically provided that indigent parents could not ... an unpublished opinion, the Appellate Division reversed, finding Judge Feinberg's decision to be in direct conflict with binding precedent (the ... Jersey Constitution compels the same result . 1. When a parent's arrears amount to at least fourteen days of child support ... forth the facts that constitute the disobedience of the court's order. The noncompliant parent may be subject to either ...

docket:	a-131-04
court:	njsupreme
decided:	2006-03-08
status:
citation:	*CITE_PENDING*
Document Size:	76713

27 STATE OF NEW JERSEY v. JAMES J. KRIVACSKA, -- rank: 737

... guilty of one count of aggravated sexual assault ( N.J.S.A. 2C:47-1 to -10). Defendant appeals. We affirm ... a licensed psychologist, was the clinical director of the Children's Center of Monmouth County, a school for individuals with special ... behavioral counseling and the development of programs and curricula. Defendant's counseling duties often required him to meet with students in private sessions. From 1990 to September 1993, defendant's office was located in Building 5, which was known generally ... building. This office was next to that of the school's director, George Scheer, and across the main entrance foyer from the office of their secretary, Arlene Kelly. Defendant's office door had a rectangular window and could not ...

docket:	A4022-98
court:	NJ Superior Court Appellate Division
decided:	2001-04-23
status:	published
citation:	341 N.J. Super. 1
Document Size:	96221

28 STATE OF NEW JERSEY VS JEFFREY DISHON -- rank: 737

... of a fair trial where the trial judge denied defendant's request to be present during an in camera voir dire ... in a knowing and meaningful way. We therefore reverse defendant's aggravated manslaughter and weapons possession convictions and remand for retrial. For purposes of the retrial, we reject defendant's array of challenges to the admission of the PCR-DNA ... charged with first-degree purposeful or knowing murder, N.J.S.A. 2C:20-3a. He was tried by a jury ... possession charges and theft of a vehicle.     We reversed defendant's convictions by opinion dated April 20, 1989 (A-2017-85T4 ... the State are unreliable.         B.    In the alternative, the court's failure to apply the ceiling principle with regard to ...

docket:	a0744-92
court:	njappellate
decided:	1997-02-06
status:	published
citation:	297 N.J.Super. 254
Document Size:	87810

29 STATE OF NEW JERSEY v. MARIA I. DURAN -- rank: 737

... assault by causing serious bodily injury to another, N.J.S.A. 2C:39-4d (count two); and fourth-degree unlawful ... under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5d (count three). Prior to trial, Yamilet ... Morales filed motions seeking to sever their trial from defendant's trial. Although defendant had not filed a similar motion, her ... defendant intended to introduce evidence of the victim Carolina Rodriguez's belief that Yamilet Duran and Morales were members of the ... why Rodriguez would have falsely accused defendant, rather than defendant's daughter Yamilet, of assaulting her with a knife. Following an ... 29, 2006, after finding that aggravating sentencing factors N.J.S.A. 2C:43-7.2, and to three years ...

docket:	a1920-06
court:	superior court appellate division
decided:	2010-04-01
status:	Unpublished
citation:
Document Size:	56560

30 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 734

... v. ARMS TECHNOLOGY, INCORPORATED; B.L. JENNINGS, INC.; BERETTA U.S.A.; BROWNING ARMS CO.; BRYCO ARMS; COLT'S MANUFACTURING CO.; GLOCK, INC.; H & R; HECKLER & KOCH, INC.; INTERNATIONAL ... TOOL; CARL WALTHER; CHARTER ARMS, INC.; DAVIS INDUSTRIES; FORJAS TAURUS, S.A.; FULL METAL JACKET, INC.; GLOCK GMBH; HECKLER & KOCH, GMBH ... INC. (D/B/A "INTRATEC"); FABBRICA D'ARMI PIETRO BERETTA S.P.A.; SUNDANCE INDUSTRIES; NATIONAL SHOOTING SPORTS FOUNDATION, INC.; SPORTING ... AND AMMUNITION MANUFACTURERS INSTITUTE, INC.; NAVY ARMS COMPANY, INC.; RAY'S SPORTING GOODS,     Defendants. ________________________________ MAYOR SHARPE JAMES and THE        A-3103-01T3     CITY OF NEWARK,     Plaintiffs-Respondents, v. RAY'S SPORTING GOODS,     Defendant-Appellant, and ARCADIA MACHINE & TOOL; ARMS ...

docket:	A3098-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-11
status:	published
citation:	359 N.J. Super. 291 820 A.2d 27
Document Size:	100190