-
njcourts.gov
… defendant was improperly denied a jury instruction on passion/provocation manslaughter. See State v. Carrero, No. … ERRORS REQUIRES THAT A REMAND FOR RESENTENCING BE ORDERED. Defendant's supplemental brief raises the following … police custody. The first motion judge heard testimony at a combined hearing on both motions, and by order dated January …
-
A-0628-23 Briefs
Briefs
njcourts.gov
… Authorities New Jersey Practice: Evidence Rules Annotated, comment on N.J.R.E. 1004 (John H. Klock) (3d ed. 2023) … the Buick, approached Byham’s car, and got into the front passenger seat, after which it “becomes dark and you can’t … 135 N.J. 4, 14 (1994) (holding “any person with the requisite knowledge of the facts represented in the photograph or …
-
A-47-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… 9 (A) THE PROSECUTOR'S COMMENT WAS OTHERWISE APPROPRIATE AS IT REASONABLY RELATED … 1992) .................................... 42-44 State v. Papasavvas, 163 N.J. 565, 751 A.2d 40 (2000) … issues. (3T). On May 31, 2022, the court entered an order: (1) denying the defendant's motion to bar the lead …
-
A-1157-22 Briefs
Briefs
njcourts.gov
… The American Heritage Dictionary, https://ahdictionary.com/word/search.html?q=turn (last visited Nov. 27, 2023) … enforcement. In this case, Ajmal Nesbit was a passenger in a car that was pulled over after the driver …
-
A-3/4/5-24 Supplemental Appellant Brief Spraulding
Briefs
njcourts.gov
… 39 INDEX TO APPENDIX Order Granting Certification…………………………………………….Dsa 1-2 FILED, … 11, 12, 15, 18, 20, 36, 38 State v. Scherzer, 301 N.J. Super. 363 (App. Div. 1997) … Byrd, and James Fair1 with second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2 and 2C:18-2; second- …
-
A-2509-22 Briefs
Briefs
njcourts.gov
… as well as any and all electronic information pertaining to passwords and/or encryption related to the computer system, … the defendant spoke. The defendant later cashed the voucher given to him by the State to purchase another cell … demonstrated facts that invariably would lead to the opposite outcome. This situation is not analogous. Firstly, the …
-
A-1038-22 Briefs
Briefs
njcourts.gov
… B. The State Advanced Improper Arguments That Mr. Mustafa Committed the Shooting Because of His Adderall and Marijuana … Passim N.J.S.A. 2C:39-5(d) … mental health issues precluded him from possessing the requisite mental state for purposeful murder. (3T54-4 to 55-15). …
-
njcourts.gov
… of large capacity ammunition magazines. Defendant committed the assault and endangering crimes against his … reviewing the record in light of the governing legal principles, we reject defendant's contention that the trial court … prosecutor applied for a Temporary Extreme Risk Protection Order (TERPO). See N.J.S.A. 2C:58-23. The application …
-
njcourts.gov
… p.m., an individual walked down Lexington Avenue in the opposite direction with a bag in hand and turned into the front … of Defendant at the Police Station HCPO Detective Guershon Cherilien testified that on Monday, February 8, 2016, he and … judge for such an amplification, mindful of the intervening passage of time. State v. Harley, No. A-0931-20 (App. Div. …
-
njcourts.gov
… that day. On May 1, 2023, two days before the trial commenced, defendant moved to bar Sergeant Michael Gonzalez … Super. at 62. 18 A-3984-22 Moreover, "[w]hether the requisite chain of possession has been sufficiently established … also constituted hearsay as he testified using "we" or the passive voice to explain actions taken by other officers on …
-
njcourts.gov
… a vehicle matching the description of a car used in the commission of several recent armed robberies, the Camden … defendant and his girlfriend, Moriel Williams, who was a passenger in the car, to the police station to speak with … not voluntary." L.H., 239 N.J. at 45 (quoting State v. Fletcher, 380 N.J. Super. 80, 25 A-2837-19 89 (App. Div. 2005)). …
-
njcourts.gov
… had “informed [him] that the individual who was accused of committing this robbery is in court seated at the defense … Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; Joseph A. Hayden, … Soc. Psych. 58, 65 (1985)); see also 22 Kenneth A. Deffenbacher et al., Forgetting the Once-Seen Face: Estimating the …
-
njcourts.gov
… Zakeem Brown appeals from an August 20, 2018 Law Division order denying his motion to suppress incriminating … Miranda rights. Although no one circumstance categorically compels suppression, we conclude the cumulative effect of … We conclude the detectives essentially asked her to be more passive during the interrogation without clearly explaining …
-
njcourts.gov
… The trial court also found petitioner was involved in past altercations with a neighbor, demonstrating his … a background check to determine if there is a basis to overcome the presumption that the permit must be issued. As a … the psychiatrist's name, or the exact number of times he visited the psychiatrist. When the trial court asked if he …
-
njcourts.gov
… weapon offenses returns to us following a second PCR court order––with the State's consent––allowing defendant to file … DEFENDANT'S 5TH[,] 6TH[,] AND 14TH AMENDMENT RIGHTS[,] COMMITTING PROSECUTORIAL MISCONDUCT. (Not Raised Below). … SHEET. (Not Raised Below). POINT VIII [THE] IMPROPER LESSER-INCLUDED OFFENSE CHARGE ON CONSPIRACY TO COMMIT ARMED …
-
njcourts.gov
… referred to as “Spoon” and “bro,” who defendant claimed was coming to pick him up. Meanwhile, the results of the record … the police in this case could have permissibly conducted an orderly inventory search. CHIEF JUSTICE RABNER and JUSTICES … Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; Bruce S. Rosen, on …
-
njcourts.gov
… possessory weapons offense in exchange for the State's recommendation of a five-year sentence with a five-year period … would not let her put clothes on. When asked how much time passed between her hearing the officers' first announcement … A determination of whether officers waited the requisite reasonable time to forcibly enter a residence after …
-
A-2518-23 Briefs
Briefs
njcourts.gov
… 231 N.J. 429 (2018) 3 N.J. APPELLATE DIVISION State v. Pitcher, 379 N.J. Super. 308 (App. Div. 2005) .3 iii … ........................................................... passim Ornelas v. United States, 517 U.S. 690 (1996) … hand-to-hand transaction–would improperly elevate the requisite suspicion standard to FILED, Clerk of the Appellate …
-
njcourts.gov
… defendant now moves for leave to appeal this interlocutory order to the Appellate Division. - 1 - FILED, Clerk of the … on which the prosecution will proceed regardless of the outcome of the Motion for Leave to Appeal. An interlocutory … Division, December 23, 2025, AM-000213-25, M-002027-25 pass the bicycles. At this point, she observed the defendant …
-
A-3858-22 Briefs
Briefs
njcourts.gov
… 35 TABLE OF JUDGMENTS, ORDERS, & RULINGS BEING APPEALED Judgment of Conviction … Co., 35 N.J. Super. 1 (App. Div. 1955)...................11 Commonwealth v. Kitchen, 730 A.2d 513 (Pa. Super. Ct. 1999) … State v. Pasterick, 285 N.J. Super. 607 (App. Div. 1995) … (last visited Apr. 29, 2025) …