cdTOCtest

rulings of Bey (II), Harvey (I) and Martini (I) and held that defendant did not invoke his right to silence when he told police ...

tained a waiver thereof before commencing the second interview. Based on the aforementioned circumstances, the Supreme Court of ...

where the trial court allows the statement to be used to impeach the defendant’s credibility, it must instruct the jury that it ...

holding of Rolle is inapplicable, and the police will be entitled to commence questioning the detainee. State v. Johnson, 309 N. ...

(1992). The privilege, of course, applies whether the potentially incriminating answer refers to past, present, or prospective a ...

the prosecutor’s attempt to disparage defendant’s insanity defense by referring to the invocation of his right to silence and to ...

Our courts are in accord with the holding and rationale of Williams, and thus have upheld from constitutional attack R. 3:12-2, ...

SENTENCINGSENTENCINGSENTENCINGSENTENCINGSENTENCING (See also GUILTY PLEAS & PLEA BARGAINING, INTENSIVE SUPERVISION PROGRAM, ...

State v. Reed, 211 N.J. Super. at 188-189; State v. Pavin, 202 N.J. Super. 225; State v. Martelli, 201 N.J. Super. at 386; State ...

Factor was appropriately considered where defendant beat victim “nearly senseless and broke one of his teeth.” State v. McBride, ...

Involvement in organized criminal activity is not an element of the offense of conspiracy to promote gambling, and thus it can b ...

277 N.J. Super. 334, 336-37 (App. Div. 1994), certif. denied 140 N.J. 278 (1995); State v. Tarver, 272 N.J. Super. 414, 434 (App ...

remaining fugitive codefendant was apprehended. State v. Henry, 323 N.J. Super. 157, 166-167 (App. Div. 1999). Codefendant’s Se ...

The availability, or even the successful completion of a drug or alcohol rehabilitation program is an insufficient basis by itse ...

Megargel, 143 N.J. 484 (1996); State v. Mirakaj, 268 N.J. Super. at 50-51. Sentencing court can impose sentence greater than the ...

6b, failure to recite the statutory formula will not defeat sentence imposed. Id. Parole ineligibility term must be on a specifi ...

VIII. CONCURRENT AND CONSECUTIVE TERMS A. Generally N.J.S.A. 2C:44-5 creates a presumption of consecutive terms whenever a defen ...

permitted exception to Yarbough rule. The killings, although related in defendant’s mind, were predominantly independent of each ...

carjacking has no presumptive term. State v. Zadoyan, 290 N.J. Super. at 290. Because there is no presumptive term for carjackin ...

In Graves Act cases, jury should not be instructed that a guilty verdict would result in a mandatory minimum term of imprisonmen ...