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New Jersey Due Process Law
 
STATE OF NEW JERSEY v. CANDIDO MAYAS

Defendant appeals from a June 10, 2014 order denying his
petition for post-conviction relief (PCR) without an evidentiary
hearing. Defendant argues he received ineffective assistance
from trial counsel. After reviewing the arguments raised and
applicable legal principles, we reverse and remand for an
evidentiary hearing before a different judge.
In October 2005, def... More...
   $0 (06-22-2016 - NJ)

STATE OF NEW JERSEY VS. NAJEE KELSEY

Tried by a jury, defendant Najee Kelsey was convicted of
first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one);
felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); and burglary,
N.J.S.A. 2C:18-2 (count three). On count one, the judge
sentenced defendant to sixty years in prison with an 85% parole
disqualifier pursuant to the No Early Release Act (NERA),
N.J.... More...
   $0 (06-13-2016 - NJ)

STATE OF NEW JERSEY VS. J.C.

Defendant J.C. was convicted by a jury of first-degree
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), two counts of
second-degree sexual assault, N.J.S.A. 2C:14-2(b), and three
counts of second-degree endangering the welfare of a child,
N.J.S.A. 2C:24-4(a). The charges stem from defendant's
admission, during a telephone call with his daughter, A.C., that
he had s... More...
   $0 (06-10-2016 - NJ)

STATE OF NEW JERSEY v. DAVID BUESO (a/k/a YASMIN BUESO

This appeal raises questions about the competency of a
child witness and the process that a trial court should apply to
address that issue. Under the New Jersey Rules of Evidence, a
witness is considered competent to testify unless the court
makes a finding that he or she lacks the capacity to express his
v or her testimony so as to be understood, or is incapable of
... More...
   $0 (06-10-2016 - NJ)

STATE OF NEW JERSEY VS. ALFRED W. COURSEY, III

Defendant Alfred W. Coursey, III, appeals from his
conviction for third-degree possession of cocaine, N.J.S.A.
2C:35-10(a)(1). The judgment of conviction was based on
defendant's guilty plea, following his indictment for fourth
degree possession of marijuana with intent to distribute,
N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine
possession. Defendant wa... More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. RYAN MCERLEAN

We glean the following facts and procedural history from
the record. On February 9, 2005, defendant was arrested in
Ocean County on charges of kidnapping, robbery, burglary, theft,
and weapons offenses arising out of an October 31, 2004 incident
in Lakewood. Defendant was remanded to the Ocean County Jail
where he remained until March 29, 2005, when he posted bail and More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. WILLY EMMANUEL

After a two-day jury trial, defendant Willy Emmanuel was
found guilty on all five counts of an indictment charging him
with third-degree possession of a controlled dangerous substance
(cocaine), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree
possession of cocaine with intent to distribute, N.J.S.A. 2C:35
5(a)(1) and (b)(3) (count two); second-degree possession of
co... More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. ALFRED W. COURSEY, III

Defendant Alfred W. Coursey, III, appeals from his
conviction for third-degree possession of cocaine, N.J.S.A.
2C:35-10(a)(1). The judgment of conviction was based on
defendant's guilty plea, following his indictment for fourth
degree possession of marijuana with intent to distribute,
N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine
possession. Defendant wa... More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. STEPHEN MCMAHON

Defendant Stephen McMahon appeals from his March 6, 2015
conviction in the Law Division, following a de novo
determination of his appeal from the municipal court, on charges
of driving while intoxicated, N.J.S.A. 39:4-50; refusal to
submit to a breath test, N.J.S.A. 39:4-50.4a; possession of an
open container of alcohol, N.J.S.A. 39:4-51b; and operating a
vehicle whi... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. DARNELL W. SCOTT

Defendant Darnell Scott appeals from a July 21, 2014 order
denying his petition for post-conviction relief (PCR). We
affirm substantially for the reasons stated by Judge Robert Mega
in his written opinion accompanying the order. We add these
comments.
After a jury trial, defendant was convicted of two counts
of first-degree carjacking, N.J.S.A. 2C:15-2, first-degree ... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. QUAYSHAWN MACK

We briefly summarize the pertinent facts. On September 23,
2011, at 11:40 p.m., Jersey City Police Department (JCPD)
officers Michael Meade and Mark Hennessey responded to a "shots
fired" call in the area of Rutgers Avenue in the city. Meade and
Hennessey were monitoring the radio in high crime areas as part
of their assignment to the Violent Crimes Unit. Both officers More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. PETER RALLIS

The warrant was issued on April 30, 2012, based upon an
affidavit presented by Detective James Powers of the Monmouth
County Prosecutor's Office's Narcotics Strike Force. Powers
described a four-month narcotics investigation of a target known
as "Pete," and later identified as defendant. With the
assistance of a confidential informant and an undercover
officer, Powe... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. DAREN B. THOMAS

The following facts are taken from the testimony at the
suppression hearing. At about 11:40 p.m. on June 10, 2012,
defendant was driving his Toyota at a high speed on U.S. Routes
1 and 9 in Elizabeth when he rear-ended an SUV, which then
collided with two other vehicles. The Toyota and the SUV spun
around, and defendant's heavily-damaged Toyota ended up facing
traff... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. ANTHONY M. FERNANDEZ

A jury convicted defendant Anthony M. Fernandez of second
degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2,
2C:35-5(a)(1), and 2C:35-5(b)(1) (count one); first-degree
possession with intent to distribute cocaine, N.J.S.A. 2C:35
5(a)(1) and 2C:35-5(b)(1) (count three); third-degree possession
with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and
2C:35-5... More...
   $0 (05-23-2016 - NJ)

STATE OF NEW JERSEY VS. JOANNE OCCHIPINTI

Defendant appeals from the Law Division's order entered
after a de novo trial on the record. The Law Division judge
found her guilty of driving while intoxicated (DWI), N.J.S.A.
39:4-50, setting forth his reasons in a thorough oral opinion.
A-2285-14T3 2
After reviewing the record in light of the contentions advanced
on appeal and the applicable law, we affirm.
... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY v. BOBBY PERRY (a/k/a BOBBY PENNY

Defendant was charged with sexually and physically
assaulting a woman he had been casually dating. Prior to trial,
defendant filed a motion under the New Jersey Rape Shield Law,
N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence of an
unidentified semen stain, which did not belong to defendant,
found on the shorts that the victim was wearing on the night of
th... More...
   $0 (05-18-2016 - NJ)

STATE OF NEW JERSEY VS. PETER M. SHANLEY

A jury convicted defendant Peter Shanley of the murder of
his wife, as well as two weapons offenses, and a judge sentenced
him to prison for life. Defendant appeals from the judgment of
conviction and makes these arguments: first, the trial judge
May 13, 2016
A-1468-13T1 2
erred by not dismissing the murder charge because of a
prosecutor's misstatements and prej... More...
   $0 (05-14-2016 - NJ)

State of New Jersey v. James R. Denelsbeck

In this appeal, we consider whether a defendant is entitled
to a jury trial when facing a third or subsequent driving while
intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This
Court previously answered that question in the negative, over
twenty-five years ago, in State v. Hamm, 121 N.J. 109, 130
(1990), cert. denied, 499 U.S. 947, 111 S. Ct. 1413, 113 L. Ed.
... More...
   $0 (05-14-2016 - NJ)

STATE OF NEW JERSEY v. WILLIAM MEYER

Defendant pled guilty in 2009 to one count of third-degree
endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The
May 6, 2016
A-5643-13T2 2
court sentenced defendant in accordance with his plea agreement
to four years in prison, which it suspended, and imposed Megan's
Law conditions, N.J.S.A. 2C:7-1 to -11, parole supervision for
life, N.J.S.A. 2C:43-6.4, ... More...
   $0 (05-08-2016 - NJ)

STATE OF NEW JERSEY VS. JAMES P. CURLEY

This case arises from a 2008 traffic stop that resulted in
the arrest of defendant James Curley, after he attempted to flee
from police. Defendant was subsequently convicted by a jury of
May 6, 2016
A-2606-11T4 2
resisting arrest, simple assault, and unlawful possession of a
weapon. He now appeals from the October 14, 2011 judgment of
conviction entered by the ... More...
   $0 (05-08-2016 - NJ)

STATE OF NEW JERSEY v. LEE FUNDERBURG (a/k/a LEE E. FUNDERBURG

This appeal presents the question of whether, in the
context of a jury trial for first-degree attempted murder, a
trial court erred by failing to charge the jury sua sponte on
the lesser-included offense of attempted passion/provocation
manslaughter.
The facts in this appeal were established at trial.
Defendant Lee Funderburg and Terra Andrews had previously been More...
   $0 (05-08-2016 - NJ)

United States of America v. Vernina Adams

Tenton, NJ - Pennsylvania Woman Sentenced To 40 Months In Prison For Role In International $200 Million Credit Card Fraud Conspiracy
A Philadelphia woman who participated in one of the largest credit card fraud schemes ever charged by the Justice Department was sentenced today to 40 months in prison, U.S. Attorney Paul J. Fishman announced.

Vernina Adams, 34, previously pleaded guilty... More...
   $0 (05-06-2016 - NJ)

STATE OF NEW JERSEY VS. JERERAD HOLLOWAY

Defendant Jererad Hollaway was charged with first-degree
murder, N.J.S.A. 2C:11-3(a)(1), (2), second-degree possession of
a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and
second-degree unlawful possession of a handgun without a permit,
N.J.S.A. 2C:39-5(b). His first trial resulted in a hung jury.
At the retrial, defendant was acquitted of all charges other More...
   $0 (05-03-2016 - NJ)

STATE OF NEW JERSEY VS. ROLANDO TERRELL

Defendant Rolando Terrell appeals from convictions under
two indictments. The first, Indictment No. 09-07-2029, charged
him with numerous crimes regarding the September 8, 2008 arson,
robbery, and murders of four victims. Co-defendant Lester Hayes
was charged in the first fifteen counts of this indictment.1 The
second, Indictment No. 09-07-2032, charged defendant with t... More...
   $0 (05-03-2016 - NJ)

UNITED STATES OF AMERICA v. VICTOR LOPEZ a/k/a ALEX LOPEZ

Victor Lopez was convicted of possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g). The sole contested issue at trial was whether Lopez indeed possessed a gun. In this regard, the jury heard testimony from Lopez and from the arresting officers, Paul Martinez and Miguel Ramos. The jurors were faced with the decision of whether to believe the officers’ testimony that they... More...   $0 (05-02-2016 - NJ)

STATE OF NEW JERSEY VS. RYAN L. HODGE

Tried by a jury, defendant Ryan L. Hodge was convicted of
the lesser-included offense of second-degree passion/provocation
manslaughter, N.J.S.A. 2C:11-4(b)(2); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5(b); and third-degree
endangering an injured victim, N.J.S.A. 2C:12-1.2(a).1 On June
27, 2013, he was sentenced to an aggregate thirteen-year term of... More...
   $0 (04-30-2016 - NJ)

STATE OF NEW JERSEY v. DEMETRIUS C. COPE (a/k/a RAASHID HABSHIN, RASHEED

In this appeal, we must determine whether the trial court
properly denied defendant’s motion to suppress a rifle
discovered during a protective sweep of his apartment
immediately following his arrest in his living room. The court
rejected defendant’s claim that the limited search exceeded
constitutional limits. We must also determine whether the trial
court denied d... More...
   $0 (04-30-2016 - NJ)

GINAMARIE GOMES v. THE COUNTY OF MONMOUTH and CORRECT CARE SOLUTIONS, LLC

This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not More...
   $0 (04-24-2016 - NJ)

STATE OF NEW JERSEY VS. BYRON D. KEMP, JR

At approximately 1:00 a.m., Burlington Township Police
Officer Jarrod Broadway observed a vehicle, later identified as
driven by defendant, drift between lanes. He activated his
lights when he observed the vehicle accelerate to fifty miles
per hour in a thirty-five mile per hour speed limit zone. When
the vehicle accelerated to fifty miles per hour in a thirty-five
... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. JAMIE GUAMAN

We set forth the relevant facts of this case in our prior
opinion, State v. Guaman, No. A-3928-06 (App. Div. Nov. 5, 2009)
(slip op. at 3–5), certif. denied, 203 N.J. 94 (2010), and need
not repeat them here. To summarize, on February 24, 2003,
defendant and two co-conspirators kidnapped a woman off the
street in Newark, drove her to a secluded area, and gang-raped
h... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. TINA LUNNEY

The record reveals the following facts and procedural
history.
A. Suppression Hearing
According to Detective Robert Prachar of the Homicide
Squad, Essex County Prosecutor's Office (prosecutor's office),
he initially met defendant on July 23, 2009, at her home in
Fairfield, where Zoppi had been found dead that morning. Later
that day, defendant and her husban... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. THOR T. FREY

We discern the following facts and procedural history from
the record. On the morning of August 18, 2006, the body of
seventy-five year old Mary Bostian was found in a bedroom of her
home in Phillipsburg, New Jersey. Her hands and feet were bound
with cords. An autopsy subsequently revealed that she suffered
blunt force trauma to many parts of her body, bruising on her More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY v. CHAD BIVINS

In this appeal, we are called on to determine whether a
warrant -- authorizing the search of a residence suspected to be
involved in drug-trafficking activity and “all persons present”
-- supported the off-premises search of two individuals found in
a car several houses down the street from the target residence.
Because the State did not provide adequate proof that those ... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. DEMETRIUS MIDDLETON

In 1999, defendant Demetrius Middleton was tried by a jury
and convicted of murder and weapons offenses.1 The judge
sentenced him to a fifty-year term of imprisonment, with an 85%
period of parole ineligibility under the No Early Release Act
(NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's convictions
on appeal, but remanded for re-sentencing because, at the time, More...
   $0 (04-16-2016 - NJ)

State of New Jersey v. Patrick McFarlane

On May 4, 2008, defendant Patrick McFarlane and co
defendant Roderick Armstrong approached a group of men playing
dice in Trenton. When defendant displayed a revolver and
instructed the players to stay where they were, they scattered
in different directions. Defendant chased and fired his
revolver at Richard Mason, striking him in the back. After
Mason fell to the g... More...
   $0 (04-08-2016 - NJ)

STATE OF NEW JERSEY VS. DANIELLE M. BOLSTAD

After her motion to suppress the heroin found in her purse
was denied following a testimonial hearing, defendant pled
guilty to third-degree possession of heroin, N.J.S.A. 2C:35
10(a)(1). The remaining charges against her, disorderly
conduct, N.J.S.A. 2C:33-2(a), and possession of drug
paraphernalia, N.J.S.A. 2C:36-2, both disorderly persons
offenses, were dismissed a... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY VS. LAWRENCE CLEAVER

Defendant appeals from his conviction of driving while
intoxicated ("DWI"), N.J.S.A. 39:4-50. He was found guilty of
that offense in a trial in the municipal court, a result which
was sustained on de novo review in the Law Division.
Defendant's essential claim on appeal is that the Law Division's
de novo review of his municipal conviction was unduly delayed
and tha... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY VS. DIVINE C. ALLAH

Defendant Divine C. Allah appeals from an April 12, 2013
judgment of conviction entered following a jury trial for third
degree possession of a controlled dangerous substance, N.J.S.A.
2C:35-10(a)(1), and challenges, as excessive, the imposed five
year imprisonment term, subject to a two-and-one-half-year
period of parole ineligibility. On appeal, among other things,
... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY v. ULYESS T. SAMPLE, JR

On June 23, 2009, defendant pled guilty to two counts of
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1). During the
plea colloquy, defendant admitted that, between August 2006 and
September 2008, he had sexual intercourse with and put his penis
into the mouth of a child under the age of thirteen. In
addition, between August 2006 and August 2008, he committed an
a... More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY v. CLARENCE WILLIAMS, a/k/a CLARENCE EDWARD WILLIAMS

An Essex County grand jury charged defendant Clarence
Williams in a one-count indictment with first-degree carjacking,
N.J.S.A. 2C:15-2. After conducting an evidentiary hearing
pursuant to State v. Henderson, 208 N.J. 208 (2011), the trial
judge denied defendant's motion to exclude the testimony of the
victim, who identified defendant as his assailant.
Following a f... More...
   $0 (04-01-2016 - NJ)

 
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