cdTOCtest

LOITERINGLOITERINGLOITERINGLOITERINGLOITERING (See also, DISORDERLY PERSONS, this Digest) I. DEFINITION To be dilatory; to be sl ...

influence of intoxicating liquor repealed by Alcoholism Treatment and Rehabilitation Act). State v. Thomas Kazanes, 318 N.J. Sup ...

(Law Div. 1984); see also Miller, 33A New Jersey Practice §601-605 (2d ed.). The subpoena power of the grand jury in Medicaid ca ...

This statute has been regarded as a codification of the standard articulated in Blockburger v. United States, 284 U.S. 299 (1932 ...

expectation of finality that would otherwise have precluded a remand and resentencing. Id. at 270-71. Whether the appellate cour ...

VI. MERGER AND SENTENCING The doctrine of merger is a critical component of our penal code, which often determines the structure ...

The issue of merger becomes more difficult where the jury’s verdict respecting the use of the weapon is ambiguous. The court in ...

Rondinone, 291 N.J. Super. 489, 499-00 (Law Div. 1996), aff’d 300 N.J. Super. 495 (App. Div. 1997), the court merged defendant’s ...

conspiracy conviction with his two extortion convictions, in part, because the legislative intent behind the RICO statutes, whic ...

one course of conduct involved in both of these offenses, albeit that the tax offense requires an additional element. Id. at 32- ...

crime of bribery, Penta, however, has been overruled by the third paragraph of the bribery statute, N.J.S.A. 2C:27-2, which prov ...

know of the existence of such non-discretionary duty to act. Thus, such duty must be either one that is imposed by law, or one t ...

Police Officers A police officer has the duty to use all reasonable means to enforce laws applicable in his jurisdiction, and ...

Members of State Boards State v. Seaman, 114 N.J. Super. 19 (App. Div. 1971), certif. denied, 58 N.J. 594 (1971), cert. denied ...

458 (1992) (off-duty state trooper could be found to have committed official misconduct when he donned his uniform and feigned a ...

MOTOR VEHICLESMOTOR VEHICLESMOTOR VEHICLESMOTOR VEHICLESMOTOR VEHICLES I. ARREST (See also, ARREST, this Digest) A. Automobile S ...

In State v. Oliveri, 336 N.J. Super. 244, (App. Div. 2001), held that the police officer had reasonable and articulable suspicio ...

offense for purposes of double jeopardy analysis, and a conviction for one does not necessarily bar a subsequent conviction for ...

VI. DRUNK DRIVING A. Blood and Urine Tests (See also, SEARCH AND SEIZURE, this Digest) State v. Lutz, 309 N.J. Super. 317 (App. ...

reckless manslaughter conviction, found that under Schmerber v. State of California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 ...