cdTOCtest

FORGERYFORGERYFORGERYFORGERYFORGERY (See also, CHECKS, CREDIT CARDS, THEFT, this Digest) I. HISTORY Historically, “forgery” has ...

IV. GRADING Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, po ...

the propriety of applying criminal sanctions. See Model Penal Code and Commentaries, § 224.1, p. 298 (1980). Consent is a defens ...

(App. Div.), certif. denied, 117 N.J. 667 (1989); State v. Alevras, 213 N.J. Super, 331, 339-42 (App. Div. 1986). Similarly, con ...

electric meter, that defendant did so purposely, and that defendant knew that services were available for compensation formed ba ...

Morgan v. Illinois, 504 U.S. 719 (1992). Based on the requirement of impartiality embodied in the due process clause of the Four ...

State v. Martini V, 160 N.J. 248 (1999), held that the trial court’s failure to inform the jury during penalty phase about a cap ...

419 (1995) (“the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the governmen ...

(App. Div. 1980), certif. denied, 87 N.J. 316 (1981); State v. Washington, 165 N.J. Super. 149 (App. Div. 1979). In the Matter o ...

See also State v. Fogarty, 128 N.J. 59 (1992) (statutory defense of entrapment does not apply to motor vehicle offense of drivin ...

Delaware v. Fensterer, 474 U.S. 15 (1985), held that the admissibility of expert opinion testimony does not violate due process, ...

rights for nonpunitive purposes constitutes ordinary incident of prison sentence. Assignment of prisoner to nonpunitive Security ...

process required that prisoner be allowed to take polygraph test. Riggins v. Nevada, 504 U.S. 127 (1992), held due process allow ...

Supreme Court based the Blackledge holding on the possibility of prosecutorial vindictiveness and retaliation for a defendant’s ...

regardless of whether defendant takes the stand. This position is contrary to that taken by another Appellate Division panel in ...

In Wisconsin v. Mitchell, 508 U.S. 476 (1993), the Supreme Court upheld a Wisconsin statute which provided for an enhanced sente ...

convictions were sole basis for finding probation violation, probationer could then seek to renew challenge to his violation of ...

subsequent offense, a prior offense on which defendant already has served the sentence. State v. Howard, 110 N.J. 113 (1988), ex ...

City of Chicago v. Morales, 527 U.S. 41 (1999), held that for due process purposes, an ordinance that required a police officer, ...

protect defendant from incriminating interpretation if nonincriminating interpretation is also reasonable. Osborne v. Ohio, 495 ...