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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We adopt the essential facts from our previous unpublished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)

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)

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. 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. 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)

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 MEXICO v. ERIC MARQUEZ

In this case we again address whether shooting at or from a motor vehicle can
4 serve as a predicate for felony murder. We recognize that the collateral-felony rule
5 has generated confusion and hope to clarify its application in this opinion. Following
6 trial, the jury found Defendant Eric Marquez guilty of first-degree felony murder
7 contrary to NMSA 1978, Section 30-2-1(A)(2... 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 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. 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. 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. ODELL M. ROY

In the early morning hours of March 14, 2012, two officers
from the Winslow Township Police Department responded to a
report of domestic violence at a residence in Sicklerville. The
victim advised she and her husband had argued, that he put his
hands around her neck and pushed her on the bed. The police
found defendant in the second-floor bedroom. He was on the
pho... More...
   $0 (05-24-2016 - NJ)

State of New Jersey v. Richard Willis

In this appeal, we address the admission of other-crime
evidence, pursuant to N.J.R.E. 404(b), of an attempted sexual
assault that occurred three years before the sexual assault that
was the subject of defendant Richard Willis’ trial. The State
contended, and the trial court held, that the evidence of the
earlier uncharged offense was relevant to defendant’s intent to 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)

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)

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. TINA LUNNEY

The record reveals the following facts and procedural
history.
A. Suppression Hearing
According to Detective Robert Prachar of the Homicide
Squad, Essex County Prosecutor's Office (prosecutor's office),
he initially met defendant on July 23, 2009, at her home in
Fairfield, where Zoppi had been found dead that morning. Later
that day, defendant and her husban... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. SHANNON SIDOREK

Defendant Shannon M. Sidorek was charged by a Burlington
County grand jury in Indictment No. 13-04-0480 with: first
degree aggravated manslaughter, N.J.S.A. 2C:11-4a(1); second
degree vehicular homicide, N.J.S.A. 2C:11-5a; and third-degree
possession of a controlled dangerous substance, N.J.S.A. 2C:35
10a(1). State v. Sidorek, No. A-2877-13 (App. Div. Oct. 7,
2014) (sli... More...
   $0 (04-16-2016 - NJ)

Fushun Jinly Petrochemical Carbon Co. v. United States

The matter concerns the fourth administrative review of the order on subject
merchandise,1 as determined by the International Trade Administration, U.S. Department of
Commerce (“Commerce”). After the review’s March 29, 2013 initiation, Commerce selected
Fushun and Fangda as mandatory respondents,
Concerning two of the issues brought here, Commerce preliminarily found that
Fu... More...
   $0 (03-28-2016 - NJ)

STATE OF NEW JERSEY v. MICHAEL THOMPSON and TIFFANY TUCKER

On September 26, 2013, Thompson and Tucker (collectively
"defendants") were arrested and served with complaint-summonses
charging them with one count each of computer theft, contrary to
N.J.S.A. 2C:20-25(a), and conspiracy to commit computer theft,
contrary to N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:20-25(a).
Defendants entered pleas of not guilty. On February 24, 2014, <... More...
   $0 (03-28-2016 - NJ)

Samsung Electronics America Inc. v. Westpark Electronics, LLC

This matter arises out of Defendant’s business practices, which consist largely of selling a
variety of consumer products. Of the approximately $40 million in revenue that Defendant
claims to have generated since July of 2013, it estimates that 40-45% of that revenue, or $16-$18
million, is attributable to Defendant’s sales of Samsung television sets. Plaintiff filed the instant More...
   $0 (03-27-2016 - NJ)

STATE OF NEW JERSEY v. MICHAEL THOMPSON and TIFFANY TUCKER

On September 26, 2013, Thompson and Tucker (collectively
"defendants") were arrested and served with complaint-summonses
charging them with one count each of computer theft, contrary to
N.J.S.A. 2C:20-25(a), and conspiracy to commit computer theft,
contrary to N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:20-25(a).
Defendants entered pleas of not guilty. On February 24, 2014, <... More...
   $0 (03-18-2016 - NJ)

State of New Jersey v. Saladin Thompson

On a single evening in July 2005, defendant committed a series of shootings in Irvington, killing one man and injuring
two others. Defendant, who is African American, was charged with first-degree murder and related offenses.
During jury selection, the State exercised nine of its twelve peremptory challenges; seven of the nine were used to
strike African-American prospective juro... More...
   $0 (03-09-2016 - NJ)

STATE OF NEW JERSEY v. GREGORY J. GIBBS, a/k/a GREG NICE

Defendant appeals from his sentence and convictions for first-degree murder, N.J.S.A. 2C:11-3(a)(1)-(2) (count one);
March 8, 2016 possession of a weapon for unlawful purposes, N.J.S.A. 2C:39-4(a) (count two); unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three); and possession of a weapon by a convicted person,
N.J.S.A. 2C:39-7 (count four). These charges arise from the f... More...
   $0 (03-08-2016 - NJ)

STATE OF NEW JERSEY v. SALADIN THOMPSON

On a single evening in July 2005, defendant committed a
series of shootings in Irvington, killing one man and injuring
two others. Defendant, who is African American, was charged
with first-degree murder and related offenses.
During jury selection, the State exercised nine of its
twelve peremptory challenges; seven of the nine were used to
strike African-American p... More...
   $0 (03-08-2016 - NJ)

STATE OF NEW JERSEY v. MICHAEL R. GIULIANO, a/k/a MICHAEL R. GUILIANO

Defendant Michael Giuliano appeals the denial of his motion
to suppress evidence seized from his vehicle as well as from a
judgment of conviction and sentence after a jury trial. After
reviewing the record in light of the contentions advanced on
appeal, we affirm the convictions but reverse and remand the
matter for the limited purpose of merger and jail credit review. <... More...
   $0 (03-02-2016 - NJ)

STATE OF NEW JERSEY v. TIM MCGEACHY, a/k/a TIMOTHY MC GEACHY

On June 15, 2010, a Hudson County grand jury returned an
indictment charging defendant Tim McGeachy with first-degree
murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); two counts of
first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (counts two
and four); first-degree robbery, N.J.S.A. 2C:15-1 (count three);
and second-degree burglary, N.J.S.A. 2C:18-2 (count five).
... More...
   $0 (03-01-2016 - NJ)

STATE OF NEW JERSEY VS. FLOYD WEBB

On December 22, 2009, defendant was arrested for selling
marijuana near the McGuire Gardens public housing complex. He
was subsequently charged under Indictment No. 10-02-0465 with
fourth-degree possession of a controlled dangerous substance
(CDS) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and
N.J.S.A. 2C:35-5(b)(12) (count one), and third-degree possession
of... More...
   $0 (02-28-2016 - NJ)

Kirk Lory v. Concord Equity Group Advisors, LLC

This action's relevant procedural history is not complex.
One month after Loury's nearly two-year employment as a Concord
executive ended, he filed a four-count complaint against
Concord. Three of the counts were dismissed for failure to
state a claim upon which relief could be granted. The surviving
count alleged Concord breached the parties' employment
agreement.... More...
   $0 (02-26-2016 - NJ)

Sundiata Acoli v. New Jersey State Parole Board

After a two-member panel of the Parole Board denied parole
to petitioner Sundiata Acoli, a convicted murderer who twice
before had been denied parole, Acoli filed an internal
administrative appeal. That administrative appeal entitled him
to a review by the full Parole Board of the record that had been
developed before the Board panel, as well as any additional
materi... More...
   $0 (02-23-2016 - NJ)

Ewing Oil, Inc. v. John Burnett Inc.,

This matter examines the enforceability of a sister-state
judgment entered pursuant to a cognovit provision contained in a
guaranty agreement against individual guarantors of a corporate
debt. Plaintiff, Ewing Oil Co., Inc., a Maryland Corporation,
sued John T. Burnett, Inc. (JTB, Inc.), a New Jersey
corporation, for payment under a supply agreement. The
corporate o... More...
   $0 (02-14-2016 - NJ)

Swarna Allam et al. v. Deepak Verma et al.

This appeal arises from the purchase of a wholesale
gasoline company. Plaintiffs Swarna Allam and Avighna Global
Traders, LLC (AGT) purchased one hundred percent of the shares
of Pioneer Enterprises, Inc., which were held by defendant
Deepak Verma.1 Plaintiffs asserted various tort and contract
claims against Verma, who responded with various counterclaims.
The mat... More...
   $0 (02-14-2016 - NJ)

STATE OF NEW JERSEY v. ERIK E. DEJESUS

Defendant Erik E. DeJesus appeals from the Law Division's
judgment of conviction, finding him guilty of first degree
possession of a controlled dangerous substance (CDS) with intent
to distribute, N.J.S.A. 2C:35-5(a)(1), based upon defendant's
conditional "open" guilty plea.1 On appeal, he challenges the
trial court's denial of his motion to suppress, arguing the
war... More...
   $0 (02-01-2016 - NJ)

State Of New Jersey v. Howard Jones

On August 26, 2009, defendant was charged with third-degree
endangering the welfare of a child, N.J.S.A. 2C:24-4, and
fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b).
Those charges focused on events that took place on the morning
of March 24, 2009, involving C.W., a fourteen-year-old girl.
The following facts are gleaned from the evidence presented at
tri... More...
   $0 (01-20-2016 - NJ)

Josh Finkelman v. National Football League

Many of us have felt the disappointment of wanting to attend a concert or athletic event only to discover that the event has sold out. When an artist or sports team is especially popular, the gap between the supply of tickets and the demand for those tickets can be enormous. Some people will be able to attend such an event; others will not.
The Super Bowl is perhaps the ultimate example ... More...
   $0 (01-17-2016 - NJ)

United States v. Epstein

On September 11, 2014, a grand jury in Trenton, New Jersey, returned a five-count Superseding Indictment against Binyamin Stimler, Mendel Epstein, Jay Goldstein ("Goldstein"), and David Aryeh Epstein.1 Defendants are all Orthodox Jewish men and their prosecutions arise out of allegations that Defendants engaged in criminal means to facilitate Orthodox Jewish divorces. According to the Supe... More...   $0 (01-06-2016 - NJ)

P.R.B.A. Corp. v. HMS Host Toll Roads, Inc.

This case requires us to determine whether a private company that operates service plazas on New Jersey highways acted “under color of any statute, ordinance, regulation, custom, or usage, of any State,” U.S.C. § 1983, when it removed brochures belonging to a “gentleman’s club” from the common areas of its service plazas. We hold that it did not. The absence of any direct involvement by the stat... More...   $0 (12-24-2015 - NJ)

 
 
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