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New Jersey First Amendment Law
 

STATE OF NEW JERSEY VS. HISASHI POMPEY

Defendant was an active-duty sergeant in the Marine Corps
and a military police officer. He had a permit to carry a
weapon in Virginia where he was stationed, but not in New
Jersey. In December 2011, while in New Jersey, defendant left
his weapon in a friend's car while they went inside a nightclub.
When police arrived at the club in response to a report of an
alte... More...
   $0 (02-18-2017 - NJ)

STATE OF NEW JERSEY VS. ERIC LUNSFORD

Defendant, Eric Lunsford, appeals from the March 23, 2015
Law Division order denying of his petition for post-conviction
relief (PCR) without a hearing. Tried to a jury, defendant was
convicted of aggravated manslaughter, aggravated assault,
assault with a firearm, and related weapons charges stemming
from an attempted home invasion that left one person dead and
anot... More...
   $0 (02-18-2017 - NJ)

STATE OF NEW JERSEY v. RASOOL MCCRIMMON, a/k/a RASOOL W. MCCRIMMON, a/k/a DAHEEM MCWRITTE, a/k/a DAHEEM MCWRITE, a/k/a ANTHONY M. WOODS, a/k/a OOKIE

Defendant was convicted after a jury trial of first-degree
knowing and purposeful murder, N.J.S.A. 2C:11-3(a)(1) and (2),
third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b),
and second-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(a). The judge imposed an aggregate custodial
sentence of fifty years subject to the requirements of the... More...
   $0 (02-18-2017 - NJ)

STATE OF NEW JERSEY v. TODD C. FORD, a/k/a CURTIS FORD, TY FORD, DUTCH FORD / STATE OF NEW JERSEY v. DOMONIQUE HINES

During December 2007, Jones was staying with his long-time
friend, M.B.,1 who was a drug dealer and, the State alleged, the
intended victim of a robbery. Jones was the target of electronic
surveillance.2
M.B. testified for the State that on the morning of December
19, 2007, he and Jones made a plan to meet up later in the day and
go together to Vineland to meet one... More...
   $0 (02-13-2017 - NJ)

STATE OF NEW JERSEY v. JAMES MCDOWELL, a/k/a SISA BUTU

A jury convicted defendant James McDowell of eight crimes
related to sexual assaults of a female victim. On two of the
convictions he was sentenced to consecutive terms of eighteen and
ten years in prison. All of the other convictions were either
merged or the sentences were run concurrently. The consecutive
prison terms were subject to the No Early Release Act (NERA), ... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY VS. GEORGE SANCHEZ

Defendant George Sanchez was charged with brutally assaulting
his girlfriend, K.M.1 A jury acquitted defendant of several first
degree charges, but convicted defendant of the following offenses:
fourth-degree false imprisonment, N.J.S.A. 2C:13-3; third-degree
aggravated criminal sexual contact while the victim was physically
helpless, N.J.S.A. 2C:14-3; second-degree attemp... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY v. DESHAUN P. WILSON

We are called upon to determine whether the admission into
evidence of a map, prepared and adopted by a governmental entity
pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation
Clause of the Sixth Amendment to the United States Constitution
and the analogous New Jersey constitutional provision, which
guarantee an accused “the right . . . to be confronted with the ... More...
   $0 (01-25-2017 - NJ)

STATE OF NEW JERSEY v. MARTY D. ROSS

Following a jury trial, defendant was convicted of first
degree kidnapping, N.J.S.A. 2C:13-1(b); two counts of fourth
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); two
counts of third-degree possession of a weapon for an unlawful
purpose, N.J.S.A. 2C:39-4(d); third-degree terroristic threats,
N.J.S.A. 2C:12-3(b); third-degree criminal restraint, N.J.S.A.
... More...
   $0 (12-17-2016 - NJ)

STATE OF NEW JERSEY v. JORGE BULTRON

Reviewing defendant's first challenge to the order denying
suppression, we recite facts presented during the October 24, 2013
suppression hearing. Testimony was provided by two of the
arresting officers.
At approximately 1:52 p.m. on October 4, 2012, plain clothes
Jersey City Police Department Officer Gregory Wojtowicz received
a tip from a reliable confidential in... More...
   $0 (12-17-2016 - NJ)

STATE OF NEW JERSEY v. MARK PEPE

Sex Offender

Defendant Mark Pepe is a convicted sex offender. He appeals
from a July 14, 2015 order denying his petition for post-conviction
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in o... More...
   $0 (12-05-2016 - NJ)

STATE OF NEW JERSEY v. MATTHEW J. RAMOS,

Defendant Matthew J. Ramos appeals from the June 16, 2015 Law
Division order, which denied his petition for post-conviction
relief (PCR) without an evidentiary hearing. We affirm.
We derive the following facts from the record. A grand jury
indicted defendant for first-degree murder (of Denise Leonard),
N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree attempt More...
   $0 (12-05-2016 - NJ)

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. TYREESE STEWART

Defendant Tyreese Stewart appeals from his convictions of
robbery and resisting arrest, arguing the joinder of the charges
was prejudicial. He also contends the trial judge erred in the
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opini... More...
   $0 (11-23-2016 - NJ)

STATE OF NEW JERSEY v. DAVID MOON

In 2005, a jury found defendant guilty of first-degree
purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2);
second-degree possession of a firearm for an unlawful purpose,
N.J.S.A. 2C:39-4(a); third-degree endangering an injured victim,
N.J.S.A. 2C:12-1.2; third-degree unlawful possession of a
firearm, N.J.S.A. 2C:39-5(b); and third-degree hindering
apprehensi... More...
   $0 (11-23-2016 - NJ)

STATE OF NEW JERSEY v. XIOMARA GONZALES

In this appeal, we must determine the proper scope of the
plain-view exception to the warrant requirement under Article I,
Paragraph 7 of the New Jersey Constitution.
In State v. Bruzzese, 94 N.J. 210, 236-38 (1983), cert.
denied, 465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984),
this Court adopted the plain-view exception as articulated in
the plurality opin... More...
   $0 (11-23-2016 - NJ)

STATE OF NEW JERSEY VS. KARIM A. DORSEY

Defendant was convicted of first-degree robbery, N.J.S.A.
2C:15-1, second-degree burglary N.J.S.A. 2C:18-2, second-degree
kidnapping, N.J.S.A. 2C:13-1(b)(1), second-degree possession of a
weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) and third
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). We
affirmed his convictions and remanded for the imposition of a... More...
   $0 (10-17-2016 - NJ)

STATE OF NEW JERSEY v. RICKY ROMAN

Defendant Ricky Roman was found guilty of murder and other
offenses, and sentenced to life in prison. He appeals from the
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cas... More...
   $0 (10-08-2016 - NJ)

STATE OF NEW JERSEY v. JABRIL A. MITCHELL

We discern the following history from the record. On April
26, 2008, defendant was approached by two Atlantic City police
officers. Defendant took out a gun, pointed it at one of the
officers, and pulled the trigger. The weapon misfired. He then
fled the scene. During the course of his flight from police,
defendant brandished his gun at another officer who was sitting... More...
   $0 (09-21-2016 - NJ)

STATE OF NEW JERSEY v. ROBIN PEREZ

The record shows that on May 9, 2006, defendant, who was then
sixteen years old, went with co-defendant Victor Marrero to the
Atlantic City residence of the victim. Defendant and Marrero were
armed with a knife and a lead pipe. They planned to kill the
victim because they believed he had sexually assaulted his
stepdaughter, a friend of defendant. Defendant and Marrero h... 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. 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. THEORDORE COPELAND, a/k/a THEODORE J. COPELAND, and JAMES W. WATERS

On October 3, 2012, New Jersey State Troopers Stec,
Bartelt, and Lochetto were on patrol in an unmarked car in
Camden where they observed Christopher Robb walk southbound
towards a house on Eutaw Street and approach defendant who was
on the porch of a house. There were between three and five
people on the porch. The Troopers had the window down in the
idling car, an... More...
   $0 (08-30-2016 - NJ)

STATE OF NEW JERSEY VS. PAUL KUMAR

Defendant Paul Kumar entered a conditional plea of guilty
to an amended charge of fourth-degree providing false
information to a law enforcement officer, N.J.S.A. 2C:29
3(b)(4), and was sentenced to two years of non-custodial
probation. He now appeals the denial of his motion to suppress
evidence seized from his home without a warrant. He also
appeals his sentence, a... More...
   $0 (08-23-2016 - NJ)

STATE OF NEW JERSEY VS. GARRY S. ZIGICH

Defendant Garry Zigich appeals from the denial of his petition
for post-conviction relief (PCR) following an evidentiary hearing.
For the reasons that follow, we affirm.
Defendant pled guilty to first-degree murder, N.J.S.A. 2C:11
3(a)(1), arising out of the strangulation death of his fifteen
year-old cousin. He was sentenced to a fifty-year custodial term
subject to ... More...
   $0 (08-23-2016 - NJ)

STATE OF NEW JERSEY VS. JAMAR COCKREN

We adopt the essential facts from our previous unpublished
decision remanding defendant's PCR petition for an evidentiary
hearing:
The record reveals that, on January 10, 2006, a grand jury issued an indictment charging defendant with third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent to distribute, N.J.S.A... More...
   $0 (08-16-2016 - NJ)

STATE OF NEW JERSEY VS. CORNELL BEWLEY, III

Following the denial of his motion to suppress evidence
seized in a warrantless search and the court's decision to admit
his subsequent statement to the police, defendant Cornell
Bewley, III, entered a conditional guilty plea in a negotiated
agreement to second-degree possession with intent to distribute
heroin, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(2), and was sentenced
... More...
   $0 (07-27-2016 - NJ)

STATE OF NEW JERSEY VS. EDWIN FEBUS

Defendant was charged under Indictment No. 13-07-0909 with
third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count
one); second-degree possession of CDS with intent to distribute,
N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count two); second-degree
possession of a firearm during the course of committing a CDS
offense, N.J.S.A. 2C:39-4.1(a) (count three); and second-degree <... 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. MARCUS A. BOONE

Police Officer Carmine Giannetta of the Elizabeth Police
Department was the only witness who testified at the suppression
hearing. Giannetta reported that, on January 11, 2012,
Detective Torres, also of the Elizabeth Police Department, was
stopped by a person on the street who reported that an African
American man in a puffy jacket was in possession of a handgun in
... More...
   $0 (07-15-2016 - NJ)

STATE OF NEW JERSEY VS. JESSE ELLWOOD WATKINS

Defendant was convicted after a 2009 jury trial of first
degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), for killing his
relative Craig White, who disappeared in February 1990. The
State contended that defendant was motivated to kill White and
dispose of his body because White had engaged in a sexual
relationship with defendant's girlfriend. White's body was
never fou... 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. DORIAN SMITH

On September 25, 2014, Detective Peters of the East Orange
Police Department received reliable information from a
confidential informant (CI). The CI previously provided
reliable information to Peters that resulted in the arrests and
convictions of numerous narcotic violators. The CI informed
Peters that a black male named Dorian was selling marijuana out
of an apar... More...
   $0 (07-06-2016 - NJ)

STATE OF NEW JERSEY VS. JOSEPH LEPTIEN

On December 1, 2008, defendant negotiated an agreement with
the State, through which he pled guilty to murdering his mother
Mary Leptien. The State agreed to recommend the court sentence
defendant to a term of thirty years without parole, subject to a
five-year period of parole supervision under the No Early
Release Act (NERA). N.J.S.A. 2C:43-7.2.1
As described at ... More...
   $0 (07-06-2016 - 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. MICHAEL GORE, JR.

The facts of this case were previously set forth in our
decision on defendant's direct appeal, State v. Gore, No. A
1924-06 (App. Div. Oct. 26, 2009) (Gore I), certifications
granted and denied, 201 N.J. 440 (2010); in the Supreme Court's
decision reversing and remanding for further consideration,
State v. Gore, 205 N.J. 363 (2011) (Gore II); and in our
decision on rem... More...
   $0 (07-05-2016 - NJ)

STATE OF NEW JERSEY VS. APOLLO H. CARDENAS

Tried by a jury, defendant Apollo H. Cardenas was convicted
of the first-degree murder of his wife, Youngsook Lee, N.J.S.A.
2C:11-3(a)(1) and N.J.S.A. 2C:11-3(a)(2), and third-degree
possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39
4(d). After denying defendant's motion for a new trial, the
judge sentenced him to life imprisonment with a thirty-year
peri... More...
   $0 (06-30-2016 - 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. TYRONE HOWARD

We derive the salient facts from the trial record. On
March 26, 2009, defendant gave a sworn statement to the
Westhampton Township Police Department following an incident
with his estranged wife at their daughter's school. In his
statement, defendant claimed that he was crossing a driveway
outside the school with their daughter when his wife came within
inches of st... More...
   $0 (06-22-2016 - NJ)

STATE OF NEW JERSEY v. ALFRED R. BISHOP

In March 2005 defendant pled guilty to aggravated
manslaughter, terroristic threats and unlawful possession of a
handgun, which arose out of three events that occurred in a
single day. Defendant is serving an aggregate twenty-seven year
term of imprisonment; twenty years to be served without parole.1
In our first review of defendant's PCR petition, we found
the judg... More...
   $0 (06-22-2016 - NJ)

 
 
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