New Jersey Habeas Corpus Law
 

United States of America v. Bernard Greenspan

Sometimes, the only plausible explanation for a lab’s stream of payments to a doctor is cash for blood. Over seven years, Dr. Bernard Greenspan referred more than 100,000 blood tests to Biodiagnostic Laboratory Services. The Lab made more than $3 million off these tests. In exchange, the Lab gave Greenspan and his associates more than $200,000 in cash, gifts, and other benefits.
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A jury c... More...
   $0 (05-01-2019 - NJ)

United States of America v. Bernard Greenspan





Sometimes, the only plausible explanation for a lab’s stream of payments to a doctor is cash for blood. Over seven years, Dr. Bernard Greenspan referred more than 100,000 blood tests to Biodiagnostic Laboratory Services. The Lab made more than $3 million off these tests. In excha... More...
   $0 (04-17-2019 - NJ)

Igor Borbot v. Warden Hudson County Correctional Facility

Igor Borbot, a native and citizen of Russia, has been detained at the Hudson County Correctional Facility pending removal proceedings since April 2016. Fourteen months after he was denied release on bond, Borbot petitioned the United States District Court for the District of New Jersey for a writ of habeas corpus under 28 U.S.C. § 2241. Borbot alleged that the Due Process Clause of the Fifth Amend... More...    $0 (10-23-2018 - NJ)

STATE OF NEW JERSEY v. GARY S. HARRIS

Defendant Gary S. Harris appeals from an August 24, 2015
order of the Law Division denying his petition for post-conviction
relief (PCR) couched as a "motion for a new trial."1 Defendant
argues he was deprived of a fair trial based upon ineffective
assistance of counsel and other constitutional violations.
Defendant also contends that the motion judge erred by deciding <... More...
   $0 (01-19-2018 - NJ)

STATE OF NEW JERSEY v. JOSEPH MAGGIO

Defendant was arrested in 1983 in the State of New York on
unrelated charges of first and second degree attempted murder.
Defendant was tried and convicted of first and second degree
attempted murder in New York and was sentenced to consecutive
terms on these charges of twenty-five years to life and twelve
and-one-half years to twenty-five years. In November 1983,
de... More...
   $0 (11-29-2017 - 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 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 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)

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. 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 VS. VICTOR VASQUEZ

On August 3, 2005, a Somerset County Grand Jury indicted
defendant charging him with first-degree robbery, N.J.S.A.
2C:15-1(a) (count one); second-degree conspiracy to commit
robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a) (count two);
third-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(d) (count three); fourth-degree unlawful
possession ... 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. JAHAAN USRY; STATE OF NEW JERSEY VS. JERMAINE L. BRYANT

These two appeals, filed by separate defendants, were
listed back-to-back because they raise similar issues for our
review. We have consolidated the appeals to address the issues
in a single opinion. Specifically, defendants, who were
juveniles when they were convicted of criminal offenses, which
included murder, argue their respective sentences cannot stand
in ligh... More...
   $0 (03-22-2016 - NJ)

STATE OF NEW JERSEY v. JOSE PEREZ

A grand jury indicted defendant for first-degree robbery,
N.J.S.A. 2C:15-1 (count one); third-degree unlawful possession
of a handgun, N.J.S.A. 2C:39-5(b) (count two); and second-degree
possession of a handgun for unlawful purposes, N.J.S.A. 2C:39
4(a). The matter proceeded to trial following Judge Martin G.
Cronin's denial of defendant's Wade1 motion to suppress the outMore...
   $0 (02-17-2016 - NJ)

USA v. Augustino Smith

Smith was born in Jamaica and holds Jamaican citizenship. At the age of eight,
Smith moved to Paterson, New Jersey, and resided there as a legal permanent resident of
the United States. In 1997, at age 19, Smith pleaded guilty in New Jersey state court to
robbery and possession of a controlled substance with intent to distribute. As a result of
these convictions, he was orde... More...
   $0 (12-21-2015 - NJ)

State Of New Jersey v. Duquene Pierre

In 1996, defendant Duquene Pierre was convicted of first degree murder, first-degree felony murder, and several other
offenses, arising from a fatal shooting in Elizabeth. Defendant was one of several suspects arrested for the shooting. He
maintained that when the crime occurred at 3:19 a.m. on March 20, 1994, he and one of his codefendants were not in New Jersey,
but on their way... More...
   $0 (12-20-2015 - NJ)

Byron Halsey v. Frank Pfeiffer

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to... More...    $0 (04-24-2014 - NJ)

Michael Sylvain v. Attorney General of the United States

Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials ―shall take into custody any‖ deportable alien who has committed various crimes ―when the alien is re-leased‖ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a... More...    $0 (04-25-2013 - NJ)

Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...
   $0 (09-21-2010 - NJ)

Walter Dique v. New Jersey State Police

This appeal presents the question of when Walter Dique’s Fourteenth Amendment selective-enforcement claim accrued.

Dique appeals the District Court’s final order, granting summary judgment in favor of Clinton Pagano, John Mulvey, and Glen Vona (Officers) on his claim because it was time barred. Dique Because D 1 ique appeals from an order granting summary judgment, we view the evidence ... More...
   $0 (05-08-2010 - NJ)

Fiona Bayne v. Earl Johnson and Carolyn Johnson

Defendant Earl Johnson appeals from a judgment entered in the Family Part in favor of plaintiff Fiona Bayne for $384,000 in damages as palimony and from a separate award of $48,660 against both Earl and his wife, defendant Carolyn Johnson, representing a fifteen percent interest in real property located in North Bergen. Carolyn initially appealed the second portion of the judgment, but that appeal... More...    $0 (10-28-2008 - NJ)

Michael Aversano, et al. v. Palisades Interstate Parkway Commission

This case arises from the tragic death of Andrew Aversano, a nineteen-year-old young man who fell backwards off a 300-foot cliff in the Palisades Interstate Park. He had been sunbathing with his brother and two friends when he got up, lost his balance, and fell. When alerted to the accident, Palisade Interstate Parkway ("Parkway") Police officers did not call the local rescue squad because they... More...    $0 (10-06-2003 - NJ)

Hany Mahmoud Kiareldeen v. John Ashcroft

In the course of proceedings to remove Appellee Hany Mahmoud Kiareldeen, an ethnic Palestinian and Israeli citizen, from the United States, the Immigration and Naturalization Service ("INS") relied on classified evidence obtained by the FBI's Joint Terrorism Task Force. This evidence suggested that Appellee was a member of a terrorist organization, was involved in the 1993 bombing of the Wo... More...    $0 (12-05-2001 - NJ)

State of New Jersey vs. Patricia Frost

Mrs. Frost was the owner and operator of a small gift shop in an Historic Village setting, known as the Historic Village of Smithville,New Jersey. On Feb.2, 1998, Ms. Frost notified maintenance of smell of smoke in closet. Negitive opinion from maintenance man. After closing at 6pm fire discovered at 6:15pm. On February 3, 1998, Prosec. Arson Squad determined accidential/electrical attic. Eig... More...    $0 (03-20-2000 - NJ)

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