Search Rutgers Law Library N.J. Court Opinions

1 DOE V. PORITZ -- rank: 1000

... etc. v. Deborah Poritz, Attorney General, etc. (A-170/171-94) Argued May 2, 1995 -- Decided July 25, 1995 WILENTZ, C ... 1994, a group of bills generally referred to as "Megan's Law" became law. The constitutionality of two of those bills ... law provides for notification to elements of the community.     Doe's complaint was heard by the Superior Court, Law Division, which ... valid and effective immediately. 1. The essence of the Court's decision is that the Constitution does not prevent society from ... offenders' loss of anonymity is no constitutional bar to society's attempt at self-defense. The Legislature chose to risk unfairness ... who might suffer because of their ignorance of the offender's presence in the community, but attempted to restrict the ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

2 State of New Jersey v. Kenneth Guenther -- rank: 912

... 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

3 State v. Nathaniel Harvey -- rank: 883

... 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

4 State of New Jersey v. David Loftin -- rank: 873

... majority of the Court.     The Supreme Court previously affirmed Loftin's conviction and death sentence for the murder of Gary Marsh. In this appeal, the Court considers Loftin's request for proportionality review of his death sentence. This appeal ... to consider the constitutionality of an amendment to N.J.S.A. 2C:11-3e as Amended. . . 23     A.     Pending Appeals . . . . . . . . . . . . . . . . . . . 23     B.     The Supreme Court's Appellate Review Function . . . . 25     C.     Application of Proportionality Review . . . . . . . . 35 ... 112         3.    Precedent-Seeking Review. . . . . . . . . . . . 113             a.    Assessment of Defendant's Culpability. . . 114                 i.    Moral Blameworthiness . . . . . . . . 115                 ii.    Degree of Victimization ... 117                 iii.    Character of Defendant. . . . . . . . 118             b.    Comparison of Defendant's Case to the                 B Cases. . . . . . . . . . . . . . . . . . 119     D.    Other Arguments. . . . . . . . . . . . . . . . . . . ...

docket:	a-86-96
court:	njsupreme
decided:	1999-02-01
status:
citation:	157 N.J. 253
Document Size:	484984

5 State v. David Bass -- rank: 854

... appeal, the Court considers three issues that arise from defendant’s trial and conviction for murder and related offenses: (1) the limitation on defense counsel’s cross-examination of the State’s lead witness; (2) the admission of expert testimony by a surrogate for the medical examiner who conducted the victim’s autopsy and died prior to trial; and (3) the absence ... instant appeal. The first issue arose from the trial court’s limitation on defense counsel’s cross-examination of Sinclair, the State’s lead witness. ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

6 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 838

... Decided May 23, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... that home and a warrantless search of a power company's records of the use of electricity there. Because the trial ... judge erroneously excluded polygraph evidence regarding the truthfulness of defendant's claim that he did not consent to the later search ... violation of See footnote 1 raising the following arguments: DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SHOULD HAVE BEEN GRANTED BECAUSE THE POLICE ENTRY INTO DEFENDANT'S HOME AND THE SEARCH OF HIS HOME VIOLATED THE UNITED ... JERSEY CONSTITUTIONS. A. The Warrantless Thermal-Imaging Scan Of Defendant's Home Constituted An Unreasonable Search. B. The Warrantless Seizure ...

docket:	a6101-02
court:	njappellate
decided:	2005-05-23
status:	published
citation:	377 N.J. Super. 515
Document Size:	128906

7 State v.Josephine Castagna, et al. -- rank: 828

... 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

8 State v. Keith R. Domicz -- rank: 825

... possession of CDS (marijuana and methamphetamine). Six months before defendant’s home was searched, Detective William Peacock of the New Jersey ... jury subpoena, the police obtained electrical use records of defendant’s residence. Those records did not provide any useful investigative information ... a warrant, Detective Peacock conducted a thermal scan of defendant’s home to determine whether there was an unusual amount of ... State, five detectives dressed in plain clothes went to defendant’s home. Three detectives went to the front door. Along with ... marijuana, a digital scale, and a bag of methamphetamine. Defendant’s version of the events was very different. He testified that ... polygraph examination taken by defendant. The trial court denied defendant’s motion to suppress the evidence seized from his home. ...

docket:	a-42-05
court:	njsupreme
decided:	2006-09-20
status:
citation:	*CITE_PENDING*
Document Size:	111976

9 STATE OF NEW JERSEY v. JARRELL A. WILLIAMS -- rank: 805

... of a weapon, specifically a handgun, contrary to N.J.S.A. 2C:39-5b. The court sentenced defendant on that ... were not presented to the jury. According to the State's proofs at trial, the police found a handgun on the ... in plain view on the car floor by the driver's seat. He instead maintained that the gun had been found ... a fair trial by: (1) unduly restricting his trial counsel's cross-examination of the police officer who had searched the ... trial testimony. For the reasons that follow, we vacate defendant's conviction and sentence, and remand for a new trial. I ... The four men initially stood outside in front of defendant's house and talked. According to the State, at some ...

docket:	a2486-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	60945

10 Robert Oberhand v. Director, Division of Taxation -- rank: 805

... appeal are whether the July 2002 amendment to N.J.S.A. 54:38-1, which was made retroactive to January ... 2002, amended the New Jersey estate tax law, N.J.S.A. 54:38-1 (the Amendment). The Amendment provided that ... 1,000,000 beginning January 1, 2002, after Mrs. Oberhand’s death in March 2002, the formula in her Will required ... Mrs. Seidner, as Executor and Executrix of their respective spouse’s estates, filed separate complaints in the Tax Court contesting the Director’s assessment. In both matters, the Tax Court determined that the ... 255 (2007). HELD : The July 2002 Amendment to N.J.S.A. 54:38-1 applies to the estates, but ...

docket:	a-106-06
court:
decided:	2008-02-27
status:
citation:	193 N.J. 558
Document Size:	101196

11 State v. Anthony DiFrisco -- rank: 805

... 12, 1986 murder of Edward Potcher, the owner of Jack’s Pizzeria in Maplewood. After being arrested in New York on ... over with.” Franciotti drove DiFrisco from New York to Jack’s Pizzeria in Maplewood. DiFrisco went into the pizzeria while Franciotti ... in the car. DiFrisco ordered a whole pizza because Jack’s did not sell slices, and took a few bites from ... a gun with a silencer. DiFrisco then returned to Franciotti’s car. Potcher’s murder remained unsolved until April 1, 1987, when New Jersey authorities were alerted to DiFrisco’s confession to the crime. DiFrisco had been arrested in ...

docket:	a-30-01
court:	njsupreme
decided:	2002-08-14
status:
citation:	174 N.J. 195
Document Size:	222677

12 Ellen Nobrega et als. v. Edison Glen Associates, et als. -- rank: 805

... non-disclosure of off-site conditions prior to that Act's effective date may be applied retroactively in this case.          Eileen ... hosts at least three “Superfund” sites included on the U.S. Environmental Protections Agency's (EPA) National Priorities List (NPR). Two of those sites are ... the Edison Glen complex, as a result of the EPA's determination that storage containers containing hazardous waste had deteriorated, permitting ... before they purchased the condominiums. After learning, through an appraiser's report, that the market value of their units had declined ... bar the homeowners' claims. The Law Division granted Edison Glen's motions with respect to the common law claims, but ...

docket:	a-130-99
court:	njsupreme
decided:	2001-05-22
status:
citation:	167 N.J. 520
Document Size:	77430

13 STATE OF NEW JERSEY v. WILLIAM CHISOLM A/K/A WILLIAM JORDAN -- rank: 799

... the brief). PER CURIAM In this appeal, we reverse defendant's conviction for first-degree murder and remand for a new ... of aggravated and reckless manslaughter and mistakenly precluded defense counsel's cross-examination into a key witness's possible motivation for testifying favorably for the State. I Defendant ... indicted and charged with the first-degree murder, N.J.S.A. 2C:43-7.2, and amended the sentence to ... ABOUT THE MANNER AND CIRCUMSTANCES OF DEATH, THE TRIAL COURT'S REFUSAL TO CHARGE THE JURY ON AGGRAVATED AND RECKLESS MANSLAUGHTER ... HIS RIGHT TO DUE PROCESS OF LAW. II. THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE ...

docket:	a4914-05
court:	njappellate
decided:	2008-11-26
status:	unpublished
citation:	198 N.J. 311
Document Size:	102446

14 THE AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, INC. et al. v. COUNTY OF HUDSON, et al. -- rank: 796

... 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

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