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 Results for 973 S.W.2d 279   1 to 15 of 27 results. Run time: 0.114 seconds | Search time: 0.107 seconds    
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1 State of New Jersey v. David Loftin -- rank: 1000
... 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
2 State v. Robert O. Marshall -- rank: 989
... 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
3 STATE V. BOBBY LEE BROWN -- rank: 936
... of John Bell.     Co-defendant Coleen Alexander was the State's chief witness at trial. In July 1992, she pled guilty ... romantically involved and living together at the home of Alexander's adoptive parents at the time of the murders. The victims were Alexander's great aunt and great uncle. Victim Alice Skov was eighty ... suffered a stroke. Victim John Bell was staying at Skov's house to care for her after the stroke.     Brown and ... and on one occasion they stole around $350 from Skov's purse. According to the State's evidence, Brown began making plans to rob Skov and ...
docket: a-20-93
court: njsupreme
decided: 1994-12-21
status:
citation: 138 N.J. 481
Document Size: 257909
4 State v. Rasheed Mahammad -- rank: 915
... impact statute violate the Federal Constitution by burdening a defendant's right to introduce catch-all mitigating evidence. (pp. 9-16 ... of victim impact evidence than the Federal Constitution. The Victim's Rights Amendment of the New Jersey Constitution specifically recognizes the ... the United States Constitution. The electorate, by passing the Victim's Rights Amendment, and the Legislature, by enacting the victim impact ... statements are clearly impermissible, such as testimony by a victim's family members characterizing and expressing opinions about the defendant, the ... Rule 8) hearing to determine admissibility; reduction of the witness's testimony to writing; and instructions to proposed witnesses and prosecutors ... from rendering a death penalty verdict based on the defendant's character and the circumstances of the crime; the victim ...
docket: a-138-95
court: njsupreme
decided: 1996-06-28
status:
citation: 145 N.J. 23
Document Size: 180700
5 STATE OF NEW JERSEY V. ANTHONY DIFRISCO -- rank: 908
... who was partial sat as a result of the defendant's exhaustion of peremptories. Erroneous advice from counsel did not constitute ... capital murder charge. (pp. 7-13) 2. Original trial counsel's erroneous sentencing prediction -- that DiFrisco would not receive the death ... the constitutional guarantee of an impartial jury. The trial court's failure to excuse a particular juror for cause was harmless ... court to instruct the jury that it could consider DiFrisco's exercise of his right of allocution insofar as it impacted ... not in any way prohibit the jury from considering DiFrisco's statement as an indication of his remorse. (pp. 43-49 ... hired DiFrisco and also the devastating emotional effect that DiFrisco's execution would have on his mother. Neither of those ...
docket: a-98-93
court: njsupreme
decided: 1994-07-27
status:
citation: 137 N.J. 434
Document Size: 242186
6 State of New Jersey v. Jesse Timmendequas -- rank: 894
... earlier in the evening. After determining that Joseph Cifelli, Timmendequas's roommate, was a prior sex offender, police obtained his consent ... shaking and perspiring heavily throughout his interview. Based on Timmendequas's nervousness, and his assertion that he was alone at the time of Megan's disappearance, the officers asked him to come to headquarters for ... waiver form. Timmendequas denied having anything to do with Megan's disappearance. He left the station at 4:00 a.m.     The next morning, detectives went to Cifelli's house to search the premises again. While the search was ... walk and brought out the garbage. The officers obtained Cifelli's consent to search the garbage. They found a waistband ...
docket: a-172-97
court: njsupreme
decided: 1999-08-10
status:
citation: 161 N.J. 515
Document Size: 446325
7 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 873
... prosecuted for various offenses including a violation of N.J.S.A. 2C:35-9 is constitutional in all respects. In addition, a conviction under N.J.S.A. 2C:35-9. A defendant convicted of distribution or ... that the death was neither too remote from the defendant's actions nor too dependent on another's conduct to make the conviction unjust.      N.J.S.A. 2C:35-9 (section 9) reads as follows:          a ... analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death ...
docket: a-25-92
court: njsupreme
decided: 1994-08-01
status:
citation: 137 N.J. 536
Document Size: 105572
8 STATE OF NEW JERSEY v. RONALD PATTON -- rank: 845
... be found at 362 N.J. Super. 16, 826 A.2d 783. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE ... During the ensuing nineteen hours between the time of defendant's arrest and the commencement of interrogation, law enforcement officers fabricated an account of Hoke's murder. A law enforcement officer, posing as an eyewitness, was ... of defendant in light of the United States Supreme Court's decision in Florida v. J.L. , 529 U.S. 266 , 120 S. Ct. 1375 , 146 L. Ed.2d 254 (2000). I. ...
docket: a6716-99
court: njappellate
decided: 2003-07-07
status: published
citation: 362 N.J. Super. 16 826 A.2d 783
Document Size: 118118
9 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 845
... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United States Supreme Court held that the ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed.2d ...
docket: A3737-04
court: NJ Superior Court Appellate Division
decided: 2005-08-17
status: published
citation:
Document Size: 216466
10 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 845
... found at 380 N.J. Super. 1 or 880 A.2d 468. (NOTE: The status of this decision is Published .) (NOTE ... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United States Supreme Court held that the ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. ...
docket: A3736-04
court: NJ Superior Court Appellate Division
decided: 2005-08-17
status: published
citation: 380 N.J. Super. 1 880 A.2d 468
Document Size: 216489
11 ANN JAMISON v. RICHARD ORRIS -- rank: 796
... addressed issues of emancipation, child support, contribution toward their son's college costs and counsel fees. We affirm both the appeal ... The parties also agreed that major decisions concerning their [children's] health, welfare, education, religious training and upbringing shall be made ... obtaining and following a harmonious policy in the [c]hildren's best interests. Each party agrees to keep the other party informed of the progress of the [c]hildren's education and social adjustments. On February 5, 1993, the parties ... Hyperactivity." Dr. Barabas also believed that he might have Asperger's Syndrome (Asperger's), which the doctor described as a form of pervasive ...
docket: a2511-06
court: NJ Superior Court Appellate Division
decided: 2009-03-10
status: unpublished
citation:
Document Size: 164527
12 STATE OF NEW JERSEY V. MARKO BEY -- rank: 778
... of the death sentence on Bey was disproportional. HELD : Bey's sentence, considering both the crime and the defendant, does not ... in which the sentence of death actually was imposed. Bey's appeal has been pending since 1984, more than eight years ... in its pre-amendment form. Because the Court rejects Bey's proportionality challenge under the prior law, the new law would ... pp. 8-11) 2. The Court rejects the Public Defender's suggestion and determines to include within the pool of death ... After conducting all three tests, the Court concludes that defendant's sentence is neither random nor aberrational. (pp. 18-39) 5 ... precedent-seeking analysis also leads to the conclusion that defendant's death sentence is not disproportionate. In conducting this analysis, ...
docket: a-1-93
court: njsupreme
decided: 1994-06-30
status:
citation: 137 N.J. 334
Document Size: 157156
13 STATE OF NEW JERSEY v. VASTET GREEN, -- rank: 768
... found at 346 N.J. Super. 87 or 787 A.2d 186. (NOTE: The status of this decision is Published .) Version ... Attorney     General, Acting Essex County Prosecutor,     attorney for respondent (Ian S. Clement,     Special Deputy Attorney General/Assistant     Prosecutor, on the brief ... days before the hearing." It is only when the defendant's counter statement places material facts in dispute that an evidentiary ... does not place material issues in dispute, nor does defendant's assertion that he denies the truth of the State's allegations. Id. at 214.     In this case the substance of ... not the precise form, was complied with by the State's proffer of a two- page police report dated March ...
docket: A1912-99
court: NJ Superior Court Appellate Division
decided: 2001-07-09
status: published
citation: 346 N.J. Super. 87 787 A.2d 186
Document Size: 49516
14 DELOIS TURNER v. NANCY WONG, Individually et al. -- rank: 757
... be found at 363 N.J. Super. 186, 832 A.2d 340. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE ... A.D.     Plaintiff Delois Turner appeals from the Law Division's summary judgment dismissal of her complaint against defendants Nancy Wong ... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and 42 U.S.C.A. § 1981.     On review of this summary judgment determination ... African-American who resides in New York State, entered defendant's store in Cape May Court House, New Jersey, to buy ... with theft of a donut in violation of N.J.S.A. 10:5-4 and 42 U.S.C. ...
docket: a4889-01
court: njappellate
decided: 2003-10-02
status: published
citation: 363 N.J. Super. 186
Document Size: 65020
15 LINDA GROSS v. GYNECARE -- rank: 740
... LLP, and Mr. Lifland, attorneys; Mr. Lifland, of counsel; Kelly S. Crawford, Christy D. Jones (Butler Snow) of the Mississippi bar ... the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C.A. § 360, and the learned intermediary doctrine; the ... to provide adequate warnings was a proximate cause of plaintiff's injuries; (4) defendants did not make a fraudulent misrepresentation to plaintiff's implanting surgeon; (5) defendants made a fraudulent misrepresentation to plaintiff ... clearance, a company obligates itself to comply with the FDA's post-marketing requirements to track any complaints or adverse events ... with Ethicon and its Gynecare division, which coordinated the group's logistics. In developing a technique to surgically implant mesh ...
docket: a0011-14
court: NJ Superior Court Appellate Division
decided: 2016-03-29
status: unpublished
citation:
Document Size: 136216
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