CiteTEXT
...Court was delivered by VERNIERO, J.
In this appeal, we consider the voluntariness of a confession by defendant, a juvenile, in a custodial setting. Defendant confessed to...court and Appellate Division concluded that the juvenile's confession was voluntary based on the totality of circumstances, including the juvenile's age at the time of his statement, his clear desire to...questioning resumed and defendant provided more details about the night in question, after which the detectives took yet another break. After that fourth break, defendant provided a taped confession...
...for a deficiency, and (5) the confession of judgment provision in the notes is not enforceable by reason of N.J.S.A. 2A:16-9 and R. 4:45-1, both of which prohibit the entry of judgment by..., J.S.C.
Plaintiff lending institutions, First Mutual Corp. and First National Fidelity Corporation, seek entry of judgments by confession on two promissory notes made by defendant...procedurally meticulous in following the requirements of R. 4:45-2, the rule which sets forth the procedure for the confession of judgments. All defendants were notified of the motion and the required...
...matter concerns the appealability of County District Court landlord and tenant dispossess judgments; the scope of a landlord's duty to make repairs; and the right to offset the cost of such repairs...the Camden County District Court pursuant to N.J.S.A. 2A:18-53(b) alleging the nonpayment of the July rent in the amount of $85.72 and August rent of $95. A hearing was had on August 15, 1969...offset the cost thereof against rent.
N.J.S.A. 2A:18-53 provides in part:
"Any lessee or tenant...
...commit robbery in violation of N.J.S.A. 2A:98-1, armed robbery with a dangerous instrument in violation of N.J.S.A. 2A:141-1 and N.J.S.A. 2A:151-5 and murder in violation of N.J.S.A. ...addition, defendant Belverio was convicted of atrocious assault and battery in violation of N.J.S.A. 2A:90-1. The trial judge merged all of the convictions and sentenced each defendant to a term of life.... The Appellate Division affirmed the judgments of conviction.
In the petition for certification filed on behalf of defendants, it was stated that...
..., asserting primarily that the introduction of his confession at trial violated his fifth amendment rights, and that his state and federal constitutional rights to a fair and impartial jury were violated by....
The confession, read into the record in its entirety at trial, disclosed that defendant had met Alston three years earlier. They met again by chance, near the beach, on the night in...jurisdiction pursuant to N.J.S.A. 2A:4-48 (current version at N.J.S.A. 2A:4A-26) and R. 5:9-5(b) (current version at R. 5:22-2) on May 19, 1983. Bey was indicted for "knowing" or "purposeful...
...base our recitation of the pertinent facts primarily on defendant's admissions at his plea hearing and during a confession made several days following the murder. On December 8, 1982, defendant and a..., pursuant to N.J.S.A. 2C:11-3c(2)(e) and Rule 3:13-4(a), thereby designating defendant's prosecution as a death penalty case. The enumerated factors were: (1) the murder was outrageously or wantonly.... . . . Moreover, the Rule serves to respect the need for achieving finality of judgments and to allay the uncertainty associated with an unlimited possibility of relitigation. The Rule therefore strongly encourages...
....
Pursuant to the Declaratory Judgment Act, N.J.S.A. 2A:16-50 et seq., Heritage seeks to have the court determine that it may proceed...litigation.
N.J.S.A. 2A:16-56 provides: "When declaratory relief is sought, all persons having or claiming any interest which would be affected by the declaration shall be...that the guarantors were not joined as party defendants, as required by N.J.S.A. 2A:50-2, or (2) to reforeclose the mortgage and join the guarantors, or (3) to...
...have long recognized foreign judgments by confession and have held that they are entitled to full faith and credit. . . . No public policy [in New Jersey...violate New Jersey's public policy and, therefore, such judgments must not be enforced. Rule 4:45-1 provides, "[a] judgment by confession shall not be entered upon a warrant of attorney which is...Foreign Judgments Act (the "UEFJ"), N.J.S.A. 2A:49A-27, which states a foreign judgment shall be treated "in the same manner as a judgment of the Superior Court of this State," defendants contend...
...was no separate arrest for the Passaic charge. If we measure the delay from the time of defendant's confession, January 16, 1981, we note a significant delay of two years and two weeks to the...branch. Since the inculpating statements of the others involved were not admissible in this case, defendant's participation was established primarily on the basis of his confession....
On this appeal defendant has urged eleven bases for reversal:
POINT I.
The court below erred in admitting defendant's confession into...
...State also served a notice of aggravating factors, pursuant to Rule 3:13-4(a), alleging that defendant had been convicted of another murder ( i.e., Wertz's killing), N.J.S.A. 2C:11...-crimes evidence, faulty jury instructions, lack of sufficient corroboration of his confession, prosecutorial misconduct, and an illegal sentence. For the reasons that follow, we reverse the...required to cede control of his defense to protect the integrity of the State's interest in fair trials and permit courts to ensure that their judgments meet the high level of reliability demanded by...
....
We note for the sake of completeness that the warrant to confess judgment was, in each case, contained within the no...counterclaim. Sinha then turned to another attorney, who filed a petition in Pennsylvania to open or set aside the judgment by confession. Eventually, Sinha retained present counsel. The Pennsylvania court..., plaintiff Tara contends that the court erred in denying its requested relief. It urges that Kleiman's conduct in connection with the confession of judgment in Pennsylvania after having had a judgment...
...judgments by confession and have held that they are entitled to full faith and credit.... No public policy [in New Jersey] denies recognition to a foreign judgment by confession.”). Rather, the law is clear...cognovit provision, which stated:
3.
Waiver of Notices, Confession of Judgment, Jurisdiction. Without notice to Guarantor, [plaintiff] may..., plaintiff obtained a default judgment against JTB, Inc. for $258,976.94. The Maryland court also entered a judgment by confession against Burnett and the other guarantors on the same day. Personal post...
..., 436 A.2d 965 (Law Div.1981) (“New Jersey courts have long recognized foreign judgments by confession and have held that they are entitled to full faith and...also contained a cognovit provision, which stated:
3. Waiver of Notices, Confession of Judgment, Jurisdiction. Without notice to Guarantor, [plaintiff] may waive or modify any...default judgment against JTB, Inc. for $258,976.94. The Maryland court also entered a judgment by confession against Burnett and the other guarantors on the same day. Personal post-judgment service of the...
...telephoned his lawyer, it would be surprising if any answered that he would. Indeed, it is not unusual for a defendant to attack a confession before a jury on the claim that his demand for counsel was...harmless-error statutes or rules, and the United States long ago through its Congress established for its courts the rule that judgments shall not be reversed for `errors or defects which do not affect the....
II
The remaining question relates to the sentence. The authorized maximum jail term is ten years. N.J.S.A. 2A:113-5. The sentence imposed was seven to...
...on her admission of an adulterous pregnancy.
This court has the power, where both parties make out a cause of action, to grant a decree to each N.J.S.A. 2A:34-7. Should it...exercise that power on these facts? The statute is mute in this regard.
The statute (N.J.S.A. 2A:34-23) does, however, in another regard (alimony) provide that, except where judgment of...during the marriage. N.J.S.A. 2A:34-23. Defendant argues, technically, that the statute is unconstitutional, and substantively that the pertinent portion having to do with equitable distribution of...
..., 16 L.Ed.2d 895 (1966). Russo contends that the circumstances surrounding his confession are sufficiently similar t...subsequently a panel of this Court reviewed the judgments of the District Court. United States ex rel. Russo v. New Jersey, 351 F.2d 429 (1965...writs of habeas corpus which petitioners sought. Thereafter, the Supreme Court granted certiorari, and in a per curiam opinion vacated the judgments and remanded the cases to the District Court for...
..., N.J.S. 2A:158A-1 et seq., N.J.S.A.; Public Defender Act of Pennsylvania (Act of December 2, 1968, P.L. ___ (No. 358)), 16 Purdon's Pa.Stat.Annot. § 9960.1 et seq., providing for a public defender in...his confession to the police was true. The facts demonstrated that defendant had no information to communicate to the lawyer which could have been helpful and it was held that there was no inadequacy.... Perfection is hardly attainable and certainly is not the general rule, especially in professional work where intuitive judgments and spontaneous decisions...
...death or to a minimum thirty year term without parole under N.J.S.A. 2C:11-3 suggests otherwise.
More importantly, defendant's confession demonstrates clearly that he intended to... confessed to the murder. His confession and later testimony at the sentencing phase recount the events.
Through his friend, Mike Muccio, Davis had come to kno....
Did defense counsel fail to meet the Strickland standard by not moving to suppress defendant's confession and permitting him to plead guilty to murder...
...between the non-disclosure requirement of the Code of Juvenile Justice (Juvenile Code or Code), N.J.S.A. 2A:4A-20 to -48, and the disclosure required by the Community Registration and...found not guilty by reason of insanity" for commission of a listed "sex offense." N.J.S.A. 2C:7-2a. The listed offenses include "criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if...applicable for covered offenses. N.J.S.A. 2C:7-2a (providing that a person shall register); see also In re Registrant J.G., supra, 169 N.J. at 335, 777 A.2d 891; State v. Cooke, 345...
...the body of Sandlin. With the body were the victim's wallet and a discharged shell. Later defendant was apprehended. He confessed, naming Holland as the one who fired the shots. Through his confession....
I
The first issue involves the admissibility of defendant's confession.
Defendant was arrested in Asbury Park at about 11:00 P.M. on Augu...he knew without the aid of counsel, Lt. Herbert of the prosecutor's staff undertook to interrogate him. Preliminarily Lt. Herbert also repeated the Miranda warnings. An oral confession ensued...