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New Jersey First Amendment Law
 
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.ís 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)

STATE OF NEW JERSEY VS. ORNETTE M. TERRY

Defendant Keith Terry1 appeals his conviction for second-
degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b);
and fourth-degree possession of hollow-nose bullets, N.J.S.A.
2C:39-3(f). Defendant contests the Law Division judge's
decision to deny a motion to suppress evidence based on an
illegal search of the motor vehicle he was driving. Defendant
also cont... 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 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. NORMAN JACKSON

Defendant was indicted on multiple counts that included
first-degree robbery charges. The State offered defendant a
plea agreement in which it would recommend a sentence of ten
years subject to the No Early Release Act (NERA), N.J.S.A.
2C:43-7.2. Defendant rejected the offer and, following a jury
trial, was convicted on eight counts that included first-degree
robber... More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. ERIC NA-EEM ROCK

In October 2007, defendant was indicted by a Monmouth
County Grand Jury, charging him with two counts of first-degree
armed robbery, N.J.S.A. 2C:15-1 (counts one and two); one count
of second-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(a) (count three); one count of third-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count
fo... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. NELSON D. VILLANUEVA

On October 15, 2007, a Monmouth County Grand Jury indicted
defendant on three counts of first-degree aggravated
manslaughter, N.J.S.A. 2C:11-4(a)(1) (counts one, two and
three); three counts of second-degree vehicular homicide,
N.J.S.A. 2C:11-5(a) (counts four, five and six); one count of
second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count
seven); one coun... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. SAURABH KOTHARI

We discern the salient facts and procedural history from
the record. Defendant was born in India, was admitted to the
United States in 1998, and is not a citizen of the United
States. On October 26, 2010, defendant was charged in various
summonses and a warrant with possession of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1);
manufacturing, distribu... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. MAXWELL AMPOFO

We derive the following facts from the record. On August
1, 2013, at approximately 10:17 p.m., New Jersey State Trooper
Brian Gambone was patrolling the New Jersey Turnpike when he
observed a vehicle traveling at an excessive speed. He reported
to dispatch that he was stopping a Caucasian female with long
hair, who was driving a dark-colored, four-door Acura, for
sp... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY v. RICKY LABEGA a/k/a RICKEY LABEGA, RICKY O. LABEGA, and RICKY LEBEGA

After the denial of his motion to suppress evidence,
defendant Ricky Labega entered a guilty plea to second-degree
possession of a controlled dangerous substance with the intent
to distribute, N.J.S.A. 2C:35-5(a)(1) and (2). Pursuant to the
negotiated plea agreement, on February 20, 2015, he was
sentenced as a third-degree offender to a term of four years
imprisonmen... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. JAMES MOORE

In June 2009, defendant entered a non-negotiated guilty
plea to one count of first-degree robbery, N.J.S.A. 2C:15
1(a)(2). The charge arose from the January 2006 robbery of a
credit union located in in a building where his sister and co
defendant, Darlene Moore, worked. Defendant held his hand in
the pocket of his sweatshirt in a way that suggested he had a
gun and de... More...
   $0 (05-28-2016 - 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. JUAN J. COLON

In 2002, defendant was indicted on multiple counts of
attempted murder, aggravated assault, and related weapons
offenses. In a separate indictment he was charged with two
counts of sexual assault, criminal sexual contact, and
endangering the welfare of a child. In a third indictment he
was charged with receiving stolen property and conspiracy to
commit theft.
... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. JUAN J. COLON

In 2002, defendant was indicted on multiple counts of
attempted murder, aggravated assault, and related weapons
offenses. In a separate indictment he was charged with two
counts of sexual assault, criminal sexual contact, and
endangering the welfare of a child. In a third indictment he
was charged with receiving stolen property and conspiracy to
commit theft.
... More...
   $0 (05-24-2016 - 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 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 VS. RICHARD RAMON GARDNER

Tried to a jury, defendant was convicted of first-degree
robbery, N.J.S.A. 2C:15-1; second-degree conspiracy, N.J.S.A.
2C:5-2; fourth-degree theft, N.J.S.A. 2C:20-3; disorderly
persons simple assault, N.J.S.A. 2C:12-1(a)(3); third-degree
possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39
4(d); and fourth-degree certain persons not to have weapons,
N.J.S.A. 2... More...
   $0 (05-08-2016 - 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. GERALD M. HARRIS

Defendant Gerald M. Harris appeals the Law Division's order
denying his motion to suppress evidence, and the jury verdict
finding him guilty of: third-degree distribution of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35
5(b)(3) (count one); third-degree distribution of a CDS within
1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); More...
   $0 (05-08-2016 - 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 defendantís motion to suppress a rifle
discovered during a protective sweep of his apartment
immediately following his arrest in his living room. The court
rejected defendantís claim that the limited search exceeded
constitutional limits. We must also determine whether the trial
court denied d... More...
   $0 (04-30-2016 - NJ)

STATE OF NEW JERSEY v. RICHARD BARD, a/k/a RICHARD BARD, JR.,

Defendant Richard Bard appeals from a September 9, 2014
judgment of conviction, following his conditional guilty plea to
the amended disorderly person's offense of possession of
marijuana, N.J.S.A. 2C:35-10(a)(4). He was sentenced to a 180
day county jail term and a 180-day period of parole
disqualification.
Defendant entered his plea following the denial of his More...
   $0 (04-24-2016 - NJ)

STATE OF NEW JERSEY v. JOHN C. BLANN, a/k/a JOHN C. BLAND

Following a bench trial, defendant John C. Blann was
convicted of two counts of first-degree robbery, N.J.S.A. 2C:15
1 and one count of second-degree robbery, N.J.S.A. 2C:15-1. The
trial judge denied the State's motion for an extended term, and
following appropriate mergers, sentenced defendant to eighteen
years in State prison, subject to the periods of parole
inelig... 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 ďall persons presentĒ
-- 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. ABBIJIAL SLOAN

Defendant was convicted of the first-degree murder of his
wife, weapons offenses and endangering the welfare of a child.
His convictions and sentence were affirmed on appeal. State v.
Sloan, No. A-3447-10 (Dec. 18, 2012), certif. denied, 214 N.J. 118
(2013). The facts underlying his conviction are set forth in our
opinion and need not be repeated here. However, we note... More...
   $0 (04-16-2016 - NJ)

 
 
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