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New Jersey First Amendment Law
 
United States of America v Francisco Teodoro Azcona-Polanco

Deportable immigrants are presumptively exempt from
the discretionary imposition of supervised release under
Section 5D1.1(c) of the Sentencing Guidelines. Appellant
Francisco Azcona-Polanco, a deportable immigrant, argues
that the District Court committed a procedural sentencing
error by sentencing him to a term of supervised release
without an adequate explanation. We wri... More...
   $0 (08-01-2017 - NJ)

STATE OF NEW JERSEY v. WALLACE GASKINS, a/k/a WALLACE N. GASKINS, WALLACE MICHAEL, WALLACE MILLER, WALLACE N. MILLER and WALLACE N. MOORE

Defendant Wallace Gaskins appeals from a September 30, 2015
Law Division order denying his petition for post-conviction relief
(PCR). We affirm, substantially for the reasons expressed by
Judge Michael A. Petrolle in his oral opinion of the same date.
The facts underlying defendant's conviction are gleaned from
the evidence adduced at trial, which we summarized in our More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. WILLIAM SMIEJAN

On March 12, 2014, defendant William Smiejan, entered a guilty
plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, after
the municipal court denied his motion to suppress his blood alcohol
content (BAC) results. That decision was affirmed by a Law
Division judge on May 18, 2015. We now reverse and remand.

On April 17, 2013, the United States Supreme Court de... More...
   $0 (04-24-2017 - NJ)

STATE OF NEW JERSEY v. DAVID ARISTE, a/k/a D-BRIM

Defendant was charged under Passaic County Indictment No. 06
01-0072, with first-degree murder of Garry Williams, N.J.S.A.
2C:11-3(a)(1), N.J.S.A. 2C:11-3(a)(2) (count one); third-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two);
second-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(a) (counts three and five); and first-degree... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. BRIAN M. YOHNNSON

Defendant was charged in an indictment with four counts of
first-degree robbery, N.J.S.A. 2C:15-1(a)(1) and (2). He filed a
motion to suppress statements he made to the police, arguing his
Miranda1 rights were violated. Following denial of his motion,
defendant pled guilty to two counts of first-degree robbery and
two amended counts of second-degree robbery pursuant to a <... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. MIASHARI FOX

Defendant was in her apartment on March 27, 2008 with at
least two other people when her aunt, K.F., and defendant's
stepfather, A.W., came over. Defendant was upset with them because
she suspected they were involved in some manner when the Division
of Child Protection and Permanency previously removed defendant's
three children from her custody.
Defendant and K.F.... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. KASSEY BENJAMIN

We must determine whether a defendant seeking a waiver of
the mandatory minimum sentence under the Graves Act is entitled
to discovery of the prosecutor’s files from cases in which other
defendants were granted waivers of the mandatory minimum
penalty.
The Graves Act prescribes a minimum term of incarceration
for certain firearm-related offenses. For some first-time ... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. RONALD ELLERMAN

Defendant was charged in Monmouth County Indictment No. 10
07-1301 with third-degree possession of a controlled dangerous
substance (CDS), N.J.S.A. 2C:35-10(a)(3) (Count One); first-degree
possession of CDS with intent to distribute, N.J.S.A. 2C:35
5(b)(10)(a) (Count Two); first-degree maintaining or operating a
CDS production facility, N.J.S.A. 2C:35-4 (Count Three); third<... More...
   $0 (04-09-2017 - NJ)

STATE OF NEW JERSEY v. MONIQUE KENDALL a/k/a MONIQUE KENDAL

On April 30, 2004, defendant Monique Kendall entered a guilty
plea to an amended charge of aggravated manslaughter, N.J.S.A.
2C:11-4. She entered the plea after the jury informed the court
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 op... More...
   $0 (04-09-2017 - NJ)

STATE OF NEW JERSEY v. KASSEY BENJAMIN

We must determine whether a defendant seeking a waiver of
the mandatory minimum sentence under the Graves Act is entitled
to discovery of the prosecutor’s files from cases in which other
defendants were granted waivers of the mandatory minimum
penalty.
The Graves Act prescribes a minimum term of incarceration
for certain firearm-related offenses. For some first-time ... More...
   $0 (04-09-2017 - NJ)

STATE OF NEW JERSEY v. ELVIS HERNANDEZ

Defendant Elvis Hernandez appeals from a February 10, 2015
decision denying his petition for post-conviction relief (PCR)
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 other cas... More...
   $0 (04-02-2017 - NJ)

STATE OF NEW JERSEY v. LEMONT O. LOVE

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Defendant Lemont Love appeals from the denial of his petition
for post-conviction relief (PCR) aft... More...
   $0 (03-28-2017 - NJ)

STATE OF NEW JERSEY v. CLEMENT ROMANS, a/k/a ANTHONY ROMANS, CLEMENT A. ROMANS, CLEMENT ROMAN, CLEMENTE ROMAN, and PAUL ROMAN

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We discern the following facts from the record of the
suppression hearing. On June 29, 2013, at approximately 10:30
p.m., a group of males flagged down Newark Po... More...   $0 (03-28-2017 - NJ)

STATE OF NEW JERSEY v. DENIS A. CATANIA, a/k/a DENNIS CATANIA

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On December 21, 2011, an Atlantic County grand jury returned
an indictment1 charging defendant Den... More...
   $0 (03-27-2017 - NJ)

STATE OF NEW JERSEY v. JEREMY GRANT, a/k/a JAY GRANT

STATE OF NEW JERSEY v. STEPHEN MAURRASSE

A victim was robbed at knife-point by two men after responding
to a Craigslist advertisement for discounted iPads and iPhones.
In separate jury trials, defendants Jeremy Grant and Stephen
Maurrasse were convicted of first-degree armed robbery, N.J.S.A.
2C:15-1(a), and third-degree possession of a weapon (knife) for
unlawful purposes, N.J.S.A. 2C:39-4(d). Grant was senten... More...
   $0 (03-14-2017 - NJ)

STATE OF NEW JERSEY v. SHAKEEM S. YOUNG

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Defendant Shakeem S. Young appeals from a September 5, 2014
order denying his petition for post-conviction relief (P... More...
   $0 (03-08-2017 - NJ)

STATE OF NEW JERSEY v. JOSHUA T. STALLS

Sex Offender

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Defendant was charged in Hudson County by accusation with one
count of second-degree endangeri... More...
   $0 (03-08-2017 - NJ)

STATE OF NEW JERSEY v. RASHAWN McCLINTON

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Defendant Rashawn McClinton appeals from a January 17, 2014
order denying his petition for post-conviction relief (PCR). On
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opi... More...   $0 (03-08-2017 - NJ)

STATE OF NEW JERSEY v. ADRIAN C. HICKEN

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Defendant, Adrian C. Hicken, appeals from a judgment of
conviction entered by the Law Division after a jury found hi... More...
   $0 (03-08-2017 - NJ)

STATE OF NEW JERSEY v. GIUSEPPE TEDESCO

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Defendant Giuseppe Tedesco appeals from the judgment of
conviction entered after a jury found... More...
   $0 (03-08-2017 - NJ)

STATE OF NEW JERSEY v. ANDREW JAMES

At the suppression hearing, police officer Brian Hambrecht
testified as follows. During the afternoon of March 4, 2014, he
and fellow officer Nicholas Berardis were on patrol in a high
crime area of Atlantic City. Both officers were in a marked
police car and in uniform. Hambrecht noticed a man, later
identified as defendant, walking down the sidewalk. After
lookin... More...
   $0 (03-07-2017 - NJ)

5907 Blvd., L.L.C. v. West NY Suites, L.L.C.

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

Page 2

a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen... More...
   $0 (07-19-2013 - NJ)

STATE OF NEW JERSEY v. ALLISON NASTA, a/k/a ALLISON BONNAR

We first summarize the relevant facts and procedural history.
On August 28, 2012, at approximately 12:45 p.m., defendant crashed
her minivan into a light pole while driving on the Black Horse
Pike in Pleasantville. Defendant's husband, William Nasta, sat
in the front passenger seat, and their two-month-old and five
year-old daughters occupied the rear seat. William died ... More...
   $0 (02-24-2017 - NJ)

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)

 
 
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