cdTOCtest

including county detectives and assistant prosecutors, see Skolski v. Woodcock, 149 N.J.Super. 340 (App. Div. 1977), and County ...

1976)(acquittal of assault on police officer not inconsistent with conviction for resisting arrest). Also, resisting one’s own a ...

RESTITUTIONRESTITUTIONRESTITUTIONRESTITUTIONRESTITUTION Restitution is an appropriate and salutary technique in the criminal pro ...

At the time of sentencing, the trial court is required, before imposing a fine or restitution, to determine if the defendant is ...

The court must explain and outline the reasons for imposing restitution on the record, pursuant to R. 3:21- 4(e). State v. Bausc ...

RETROACTIVITYRETROACTIVITYRETROACTIVITYRETROACTIVITYRETROACTIVITY I. GENERAL PRINCIPLES The issue of retroactivity can only aris ...

involve the Fourth Amendment. Solem, 465 U.S. at 643 n.3, 104 S.Ct. at 1341 n.3. The Court then went on to consider the Linklett ...

Purpose to be served. “The purpose of the new rule is often the pivotal consideration.” Knight, 145 N.J. at 251; Burstein, 85 ...

State v. Gervasio, 94 N.J. 23 (1983) (ruling in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391 (1979), which held that random s ...

federal review or not yet final when Batson was decided); Allen v. Hardy, 478 U.S. 255, 106 S.Ct. 2878 (1986) (ruling Batson wou ...

appeal that was pending before the Appellate Division at the time of the McLaughlin decision), cert. denied, 513 U.S. 1090, 115 ...

robbery count requires a separate jury charge as to each theft victim and failure to do so will result in reversal of the unchar ...

weapon is not a deadly weapon under N.J.S.A. 2C:11-1. State v. Brown, 325 N.J. Super. 447, 453 (App. Div. 1999), certif. denied, ...

robbery, and the jury then instructed on all lesser offenses. State v. Battle, 209 N.J. Super. 255 (App. Div.), certif. denied, ...

SEARCH AND SEIZURESEARCH AND SEIZURESEARCH AND SEIZURESEARCH AND SEIZURESEARCH AND SEIZURE I. GENERAL PRINCIPLES The Fourth Amen ...

prospective buyers who entered defendant’s home and saw marijuana in plain view did not violate defendant’s reasonable expectati ...

19 (App. Div. 1995) (police observed drug transaction and then defendant fled; stop not based solely on flight); State in the In ...

probable cause for a warrant without this purportedly false information, then there is no need for a hearing. State v. Howery, 8 ...

People v. Rasmussen, 478 N.W.2d 752, 755 (Mich. App. 1991). In determining whether there has been an abandonment of privacy inte ...

circumstances caused him/her to expect more danger from this traffic stop than from other routine traffic stops. Id. at 619-20. ...