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New Jersey Due Process Law
 
United States of America v. David Samson

Newark, NJ - Former New Jersey Attorney General And Chairman Of The Port Authority Board Of Commissioners Pleads Guilty To Bribery

Former New Jersey Transportation Commissioner Also Charged in Bribery Scheme

United Continental Holdings Inc. Agrees to Reforms, Will Pay $2.25 Million Penalty

David Samson, the former chairman of the Board of Commissioners of the Port Autho... More...
   $0 (07-15-2016 - NJ)

STATE OF NEW JERSEY VS. JOHN L. WILLIAMS

A grand jury indicted defendant John L. Williams for
second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); fourth
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d)
(count two); and fourth-degree certain persons not to have
weapons, N.J.S.A. 2C:39-7(a) (count three). A jury found
defendant guilty on count one and not guilty on count two and
the State dismis... More...
   $0 (07-15-2016 - NJ)

STATE OF NEW JERSEY VS. SHERARD WILLIAMS

The State appeals from a July 10, 2015 order denying its
motion for reconsideration of a prior order denying its request
to vacate a plea agreement and stay defendant's sentencing. The
State argued the explicit terms of the negotiated plea agreement
required defendant's testimony during the trial of his co
defendant. The State moved to vacate the plea when defendant
... More...
   $0 (07-09-2016 - NJ)

STATE OF NEW JERSEY VS. MARCOS A. RIVERA

Defendant was convicted by juries in 1999 and 2000 of
attempted murder, aggravated assault, various weapons offenses,
and hindering apprehension.1 The sentencing court imposed an
aggregate sentence of twenty-one years imprisonment on May 12,
2003.
Defendant appealed and we affirmed his convictions, but
remanded for re-sentencing as to certain counts. See State v. More...
   $0 (07-09-2016 - NJ)

STATE OF NEW JERSEY VS. FRANCIS J. PRETO

The record reveals the following facts. In 2008, defendant
was incarcerated in the Ocean County Jail. Around that time,
his wife filed for divorce. Defendant asked a fellow inmate,
Timothy Milton, to kill defendant's wife in exchange for
$10,000.
Defendant reportedly provided Milton with his wife's
address, and warned Milton that one of his wife's neighbors was ... More...
   $0 (07-09-2016 - NJ)

I.M.O. the Application for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M.

In 2010, respondent F.M.’s personal firearm and firearms
purchaser identification card (identification card) were seized
pursuant to the Prevention of Domestic Violence Act of 1991,
N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act).2 Both items
1 The statute on possession and licensing of firearms, N.J.S.A. 2C:58-3, ref... More...
   $0 (07-06-2016 - NJ)

STATE OF NEW JERSEY VS. SADDIQUIE WILLIAMS

On February 17, 2011, Trenton Police officers received an
anonymous tip about a man with a handgun in a black Hyundai
sedan with Georgia license plates, located on Martin Luther
King, Jr. Boulevard. The officers arrived at Martin Luther
King, Jr. Boulevard, and approached defendant. A brief car
chase ensued, which culminated in defendant's arrest. The
officers alle... More...
   $0 (07-05-2016 - NJ)

STATE OF NEW JERSEY VS. MALCOLM C. HAGANS

Defendant Malcolm C. Hagans appeals from a May 2, 2014
judgment of conviction for second-degree unlawful possession of
a handgun, N.J.S.A. 2C:39-5(b). Defendant moved to suppress the
seized firearm. When his motion was denied, defendant entered a
guilty plea pursuant to a negotiated agreement. The judge
accepted the plea and, thereafter, sentenced defendant to a
fi... More...
   $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. BINH THACH

Defendant Binh Thach appeals from the dismissal of his
petition for post-conviction relief (PCR) following an
evidentiary hearing. He contends his plea counsel was
constitutionally deficient by failing to discover readily
available medical records suggesting defendant suffered from a
serious mental condition at the time he committed his crimes and
by failing to secur... More...
   $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY v. LIXANDRA HERNANDEZ and JOSE G. SANCHEZ

New Jersey provides a broad range of discovery to an
accused in a criminal case under Rule 3:13-3. This open-file
approach is intended to ensure fair and just trials. Here, the
issue is not whether defendants have a right to discovery of the
prosecutor’s file in their case, but whether they have a right
to discovery of the files in unrelated cases involving the same
... More...
   $0 (06-29-2016 - NJ)

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)

 
 
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