State v. Casilla

31 Citing cases

  1. State v. Sherman

    367 N.J. Super. 324 (App. Div. 2004)   Cited 13 times
    Holding that trial judge's residence in community where crime occurred did not require recusal

    There is no contention in this appeal that the victim was released in an unsafe place. In accordance with the Supreme Court's ruling in State v. Federico, 103 N.J. 169, 174-76, 510 A.2d 1147 (1986), and our decision in State v. Casilla, 362 N.J.Super. 554, 566-67, 829 A.2d 1095 (App.Div.), certif. denied, 178 N.J. 251, 837 A.2d 1093 (2003), in order to establish the crime of first-degree kidnapping against a kidnapper who has released the victim prior to his or her apprehension, the State must prove beyond a reasonable doubt that the victim had been harmed or had not been released in a safe place. Thereby, disproving unharmed release is an element of the offense of first-degree kidnapping.

  2. In re LIBOR-Based Fin. Instruments Antitrust Litig.

    11 MDL 2262 (NRB) (S.D.N.Y. Aug. 4, 2015)   Cited 15 times   1 Legal Analyses
    Sustaining complaint where Plaintiff identified "sporadic" examples of rate manipulation

    See LIBOR I, 935 F. Supp. 2d at 732-34, abrogated by Eur. Cmty.; Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc., 871 F. Supp. 2d 933, 939 (N.D. Cal. 2012) ("The relevant question is simply whether the enterprise is extraterritorial or not."); In re Le-Nature's, Inc., No. 9-mc-162, 2011 WL 2112533, at *3, 2011 U.S. Dist. LEXIS 56682, at *18, (W.D. Pa. May 26, 2011) (finding no bar "if a complaint avers a domestic enterprise"); Cedeño v. Intech Grp., Inc., 733 F. Supp. 2d 471, 474 (S.D.N.Y. 2010) ("RICO evidences no concern with foreign enterprises."), aff'd, 457 F. App'x 35 (2d Cir. 2012), and abrogated by Eur. Cmty.; State v. Casilla, 362 N.J. Super. 554, 563-66, 829 A.2d 1095, 1100-01 (App. Div. 2003) (reversing New Jersey RICO conviction because jury made no finding as to whether defendant's enterprise affected New Jersey commerce).

  3. State v. Rodgers

    DOCKET NO. A-4237-10T4 (App. Div. Jul. 13, 2012)

    If the actor releases the victim unharmed and in a safe place prior to apprehension, it is a crime of the second degree. Defendant cites State v. Federico, 103 N.J. 169, 173-76 (1986), and State v. Casilla, 362 N.J. Super. 554, 566-71 (App. Div.), certif. denied, 178 N.J. 251 (2003), and argues that it was plain error not to require that the jury determine the grading of a kidnapping conviction based on this statutory provision. In Federico, supra, 103 N.J. at 172, and Casilla, supra, 362 N.J. Super. at 567, the juries were not asked to find that the defendant had either harmed the victim or not released the victim unharmed as part of the elements of first-degree kidnapping.

  4. State v. Denofa

    375 N.J. Super. 373 (App. Div. 2005)   Cited 5 times

    Territorial jurisdiction is an element of every criminal offense. See N.J.S.A. 2C:1-14h(e); N.J.S.A. 2C:1-3e; State v. Casilla, 362 N.J.Super. 554, 561, 829 A.2d 1095, 1099 (App.Div.), certif. denied, 178 N.J. 251, 837 A.2d 1093 (2003). "The Constitution [of the United States] gives a criminal defendant the right to have a jury determine, beyond a reasonable doubt, his guilt of every element of the crime with which he is charged."

  5. State v. Holden

    364 N.J. Super. 504 (App. Div. 2003)   Cited 10 times

    "[O]ur case law requires the jury to find all the elements of an offense with specific reference to that offense." State v. Casilla, 362 N.J. Super. 554, 567 (App.Div. 2003). That is why "[w]e have consistently held that incorrect charges on substantive elements of a crime constitute reversible error."

  6. Petitions for Certification

    178 N.J. 251 (N.J. 2003)   Cited 42 times   1 Legal Analyses
    Noting that appellate courts may consider arguments so long as the "issue was raised in the trial court even if argument before the trial court was based on a different theory from that advanced in the appellate court"

    PETITIONS FOR CERTIFICATION 362 N.J. Super. 554 829 A.2d 1095 362 N.J. Super. 62 826 A.2d 813 362 N.J. Super. 519 829 A.2d 284 360 N.J. Super. 127 821 A.2d 564 360 N.J. Super. 127 821 A.2d 564 362 N.J. Super. 190 827 A.2d 352 Lower Court Title Date Disposition Citation State v. Casilla 11/18/2003 Denied , State v. Gilbert 11/18/2003 Denied State v. Brown 11/18/2003 Granted , State v. Downer 11/18/2003 Denied State v. Reyes 11/18/2003 Denied State v. Anthony 11/18/2003 Denied State v. Gruber 11/18/2003 Denied , State v. Smith 11/18/2003 Denied State v. Reyes

  7. State v. Pohida

    DOCKET NO. A-5525-18T1 (App. Div. Dec. 4, 2020)

    POINT III. [DEFENDANT'S] CONVICTION CANNOT BE JUSTIFIED BASED UPON THE UNCHARGED ELEMENTS OF N.J.S.A.[ ]2C:13-1(C) (Not Raised Below). 362 N.J. Super. 554 (App. Div. 2003). --------

  8. State v. Paden-Battle

    464 N.J. Super. 125 (App. Div. 2020)   Cited 7 times
    Requiring resentencing where the sentencing judge plainly relied on murder charges of which the defendant was acquitted to enhance the defendant's sentence

    The trial was fair and the process provided was sufficient. The judge's failure to ask the jury to make the findings necessary to render this kidnapping a crime of the first-degree simply means, as we held in State v. Casilla, 362 N.J. Super. 554, 570-71, 829 A.2d 1095 (App. Div. 2003), that the verdict rendered means defendant had been convicted of only second-degree kidnapping. The State argues that the factual differences between this case and Casilla require a different conclusion or, in the alternative, that we should depart from Casilla.

  9. PJSC Armada & Arsenal Advisor Ltd. v. Kuzovkin

    Civil Action DOCKET NO. BER-L-197-19 (Law Div. Jun. 28, 2019)

    For several independent reasons, Plaintiffs' fail to successfully bring forth a prima facie NJRICO case. First, every provision of Title 2C, including NJRICO, in subject to the territorial limits of N.J.S.A. 2C:1-3, which states that the law only applies to conduct that occurs within New Jersey. State v. Casilla, 362 N.J. Super. 554, 563 (App. Div. 2003) (stating that Title 2C's territorial limits apply to NJRICO actions). The NJRICO statute itself repeats this territorial limitation, emphasizing that the purpose of the law was to prevent racketeering conduct from interfering with "the legitimate trade or commerce of this State."

  10. State v. Casilla

    DOCKET NO. A-3598-15T4 (App. Div. Nov. 16, 2017)

    The facts underlying defendant's conviction of purposeful or knowing murder, kidnapping, and other offenses are detailed in our opinion disposing of defendant's direct appeal and we need not recount them. State v. Casilla, 362 N.J. Super. 554, 557-60 (App. Div.), certif. denied, 178 N.J. 251 (2003). We affirmed defendant's convictions and sentences for murder and hindering apprehension; vacated his conviction for first-degree kidnapping and remanded for re-sentencing on that count as a second-degree offense; and reversed his convictions for racketeering and theft by extortion.