STATE OF NEW JERSEY, ET AL. VS. THOMAS CULLEN, T.C., ET AL. A-3001-09T1

STATE OF NEW JERSEY, ET AL. VS. THOMAS CULLEN, T.C.,

ET AL.

A-3001-09T1

The Endangered Nongame Species Conservation Act (ENSCA),

N.J.S.A. 23:2A-1 to -15, makes it unlawful to "harass" a

"species or subspecies of wildlife" declared by the Department

of Environmental Protection to be endangered. As used in ENSCA,

the term "harass" means an intentional or negligent act which

creates the likelihood of injury by annoying the species to such

an extent as to significantly disrupt its normal behavioral

patters. 03-05-12

STATE OF NEW JERSEY VS. SAEED T. ELLIS A-0156-09T4

STATE OF NEW JERSEY VS. SAEED T. ELLIS

A-0156-09T4

We vacate a drug "kingpin" conviction, finding that the

State failed to prove the requisite elements of that firstdegree

offense beyond a reasonable doubt, namely defendant's

elevated status and supervisory control within an organized drug

trafficking network.

03-05-12

STATE OF NEW JERSEY, IN THE INTEREST OF K.O. A-0238-09T1

STATE OF NEW JERSEY, IN THE INTEREST OF K.O.

A-0238-09T1

The panel interpreted N.J.S.A. 2A:4A-44(d)(3) to allow the

imposition of an extended term for a juvenile on the second

adjudication for a qualifying offense, as long as the juvenile

had previously been sent to an adult or juvenile facility. We

rejected the juvenile's argument that the statute required two

prior qualifying offenses. 03-01-12

STATE OF NEW JERSEY VS. EDWARD F. SYLVIA, JR. A-3477-10T1

STATE OF NEW JERSEY VS. EDWARD F. SYLVIA, JR.

A-3477-10T1

Defendant was found guilty of driving while under the

influence, N.J.S.A. 39:4-50, and refusal to submit to a breath

test, N.J.S.A. 39:4-50.4a. On appeal to the Law Division,

defendant first challenged the territorial jurisdiction of the

municipal court. We conclude that the claim should be assessed

under the standards applicable in criminal prosecutions as set

forth in State v. Denofa, 187 N.J. 24, 44, 46 (2006), and find

the evidence of jurisdiction adequate. 02-22-12

02-15-12

STATE OF NEW JERSEY IN THE INTEREST OF A.C.

A-5308-10T4

N.J.S.A. 2A:4A:40, the provision of the Code of Juvenile

Justice that denies the right to a jury trial in adjudications

under the Juvenile Code, is constitutional. The application of

Megan's Law to juvenile sex offenders does not give rise to a

jury trial right for juveniles accused of sex offenses. Whether

to modify Megan's Law, in light of current information about its

impact on juvenile offenders, is a policy decision for the

Legislature.

State v. John Wessells (064599; A-27-09)

State v. John Wessells (064599; A-27-09)

Because the defendant has not yet been tried for the

crimes with which he has been charged, he is entitled

to the benefit of the United States Supreme Court’s

decision in Maryland v. Shatzer, ___ U.S. ___, 130 S.

Ct. 1213, 175 L. Ed. 2d 1045 (2010), and the

statements he made during his second interrogation

must therefore be suppressed. 2-29-12

State v. Frensel Gaitan (067613; A-109-10) State v. Rohan Goulbourne (068039; A-129-10)

State v. Frensel Gaitan (067613; A-109-10)

State v. Rohan Goulbourne (068039; A-129-10)

Padilla represents a new constitutional rule of law

that, for Sixth Amendment purposes, is not entitled to

retroactive application on collateral review.

Although Nunez-Valdez governs the standard of attorney

performance in these cases, defendants are not

entitled to relief under that decision because neither

defendant was affirmatively misadvised by counsel or

established prejudice. 2-28-12

State v. Derrick Harris, Sr. (067348; A-103-10)

State v. Derrick Harris, Sr. (067348; A-103-10)

The trial court did not abuse its discretion when it

viewed defendant’s intervening convictions for

disorderly persons offenses as removing the bar to

admission of defendant’s prior criminal convictions as

too remote and, thus, determined that defendant’s

prior criminal convictions would be admissible if he

testified at trial. 2-27-12