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New Jersey Due Process Law
 

STATE OF NEW JERSEY VS. HASSAN SHOULARS

A jury found defendant Hassan Shoulars guilty of theft of
movable property, burglary, and resisting arrest. The judge
sentenced defendant to an aggregate term of five years of
imprisonment, consecutive to a prison term defendant received for
an unrelated offense. Defendant appeals from his conviction and
the sentence imposed, arguing:
POINT I

DEFENDAN... More...
   $0 (12-05-2016 - NJ)

State of Vermont v. Cameron Albarelli

This case arises from a fight involving two groups of men that occurred on July 18,
2013, around midnight at the north end of Church Street in Burlington. As a result of the
altercation, defendant was charged with simple assault, disorderly conduct, and giving false
information to a police officer with the intent to deflect the investigation. At his jury trial on
February 3, ... More...
   $0 (11-23-2016 - NJ)

STATE OF NEW JERSEY v. JUNE GORTHY (a/k/a JUNE GOVERNALE)

When a criminal defendant is found competent to stand trial
under N.J.S.A. 2C:4-4, he or she has the autonomy to make
strategic decisions at trial, with the advice of counsel. Among
2
those decisions is the choice whether or not to assert the
insanity defense, which absolves a defendant of criminal
responsibility for his or her conduct, if at the time of such
c... More...
   $0 (09-29-2016 - NJ)

SSTATE OF NEW JERSEY, Plaintiff-Respondent, v. VIRGIL SUGGS, a/k/a MALIK SUGGS, a/k/a MALIK HINTON, a/k/a VIRGIL L. SUGGS, a/k/a VIRGIL M. SUGGS

The following facts were elicited during defendant's seven
day jury trial. On October 1, 2012, at around 11:28 p.m., two
women, Bronique McLeod and S.B., and two men, P.S. and R.P.,
were going to a club in Irvington.1 S.B. was driving a minivan
with McLeod in the front passenger seat, P.S. sitting behind
S.B., and R.P. sitting behind McLeod.
While stopped at a red ... More...
   $0 (09-21-2016 - NJ)

Ramon Cuevas v. Wentworth Group

Wentworth is a property-management company, and the
Wentworth Group is the parent entity. Michael Mendillo was the
president and chief executive officer of Wentworth and the owner
of the Wentworth Group. In May 2005, Mendillo hired Ramon to
serve as one of Wentworth’s regional vice presidents -- the only
one of Hispanic descent. In that role, Ramon managed high-rise More...
   $0 (09-21-2016 - NJ)

STATE OF NEW JERSEY VS. NOAH MOSLEY

Defendant Noah Mosley appeals from the Law Division's five
year sentence imposed on January 15, 2015, following his guilty
plea for violation of probation (VOP). Defendant challenges the
September 7, 2016
A-3212-14T4 2
trial court's acceptance of hearsay as proof of VOP. He also
seeks new sentencing due to the court's denial of his request
for an adjournment to ... More...
   $0 (09-07-2016 - NJ)

STATE OF NEW JERSEY VS. J.T.P.

Pursuant to a negotiated agreement with the State, on
October 4, 2011, defendant J.T.P. pled guilty to counts three
and four of Bergen County Indictment No. 10-12-02172, which
charged him with first degree aggravated sexual assault,
N.J.S.A. 2C:14-2(a)(1),(2)(a). The victim was defendant's
stepdaughter. Defendant admitted he had sexual intercourse with
her on two oc... More...
   $0 (09-07-2016 - NJ)

STATE OF NEW JERSEY VS. KESHAWN MCNEIL

We summarize the facts established in defendant's trial,
which were set out at length in our October 21, 2011 opinion on
direct appeal. State v. McNeil, A-0856-09 (App. Div. Oct. 21,
2011), certif. denied, 210 N.J. 109 (2012). We highlight the
relevant facts here.

Defendant's girlfriend, Staci Marshall, was living in a
Newark rental property owned by Liciane ... More...
   $0 (09-07-2016 - NJ)

STATE OF NEW JERSEY v. VICTOR P. SIMPSON

Defendant Victor Simpson appeals from a February 12, 2015
order denying his requests for post-conviction relief (PCR), an
evidentiary hearing, and correction of his sentence. Defendant
sought relief arguing counsel failed to challenge
identifications by the victim, who was robbed and assaulted, and
present testimony from additional eyewitnesses. In a written
stateme... More...
   $0 (08-23-2016 - NJ)

Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...
   $0 (08-16-2016 - NJ)

STATE OF NEW JERSEY VS. JOSEPH G. GELLENE

The record discloses the following facts and procedural
history. The prosecutor called the victim, D.H., and several
other witnesses to testify in its case. Defendant did not
present any witnesses and he did not testify on his own behalf.
In 2006, defendant was a tennis instructor at the Murray
Hill Health and Racquet Club (MHHRC). He taught group tennis
classes f... More...
   $0 (07-27-2016 - NJ)

State of New Jersey v. Khalid Mohammed

The discrete issue raised by defendant in this appeal does
not warrant a lengthy discussion of the facts surrounding the
incident leading to defendant’s arrest and conviction. We
provide only a brief summary for context, followed by an account
of pertinent portions of the trial and jury charge.
In the early morning hours of April 22, 2010, police
officers responded... More...
   $0 (07-27-2016 - NJ)

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)

 
 
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