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Issue: judge conducts an evidentiary hearingNJ ↗
Issue: knock and announce ruleNJ ↗
Issue: PCR claimNJ ↗
Issue: presence defenseNJ ↗
106.9 score
G Cite
cited 28× by 28 distinct cases, 2017–2025 ·
…so long as those findings are supported by sufficient credible evidence in the record.
at p. 440
⚠ not in text
Topic ↗
cited 8× by 8 distinct cases, 2014–2022 ·
…an appellate court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.
at p. 440
⚠ not in text
Topic ↗
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013
2019
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited as authority (rule)
State of New Jersey v. Joseph M. Crilley
Tiwana, 256 N.J. at 40 (citing State v. Rockford, 213 N.J. 424, 440 (2013)).
discussed
Cited as authority (rule)
State of New Jersey v. William T. Liepe
Where the PCR court conducts an evidentiary hearing, we must uphold the court's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
State of New Jersey v. Juan A. Villatoro
Where, as here, the PCR judge conducts an evidentiary hearing, we must uphold the PCR judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
State of New Jersey v. S.G.
Because the PCR judge's ruling on the merits is based upon an evidentiary hearing, we must uphold his factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
State of New Jersey v. Odeanne S. Lawes
"Those findings warrant particular deference when they are 'substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the "feel" of the case, which a reviewing court cannot enjoy.'" State v. Rockford, 213 N.J. 424, 440 (2013) (citations omitted) (alteration in original); see Balducci v. Cige, 240 N.J. 574 , 594-95 (2020); see also State v. McNeil-Thomas, 238 N.J. 256, 271 (2019).
discussed
Cited as authority (rule)
State of New Jersey v. Raul Torres
Torres also claims the warrant "was executed in a constitutionally overbroad fashion because the police seized all of [Torres]'s possessions, not just those that appeared to be evidence of the crime being investigated." "If police actions in executing a warrant are objectively reasonable, there is no constitutional violation." State v. Rockford, 213 N.J. 424, 441 (2013) (citing Illinois v. Rodriguez, 497 U.S. 177, 185, 188 (1990)).
discussed
Cited as authority (rule)
State of New Jersey v. Diaab Siddiq
"Those findings warrant particular deference when they are 'substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the "feel" of the case, which a reviewing court cannot enjoy.'" State v. Rockford, 213 N.J. 424, 440 (2013) (citations omitted) (alteration in original); see also Balducci v. Cige, 240 N.J. 574 , 594-95 (2020); State v. McNeil-Thomas, 238 N.J. 256, 271 (2019).
cited
Cited as authority (rule)
State of New Jersey v. Leonard J. Mazzarisi 3rd
Ibid. (citing State v. Rockford, 213 N.J. 424, 440 (2013)).
discussed
Cited as authority (rule)
State of New Jersey v. Vincent Richards
In reviewing such an application, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
cited
Cited as authority (rule)
State of New Jersey v. Ajmal Nesbit
Tiwana, 256 N.J. at 40 (citing State v. Rockford, 213 N.J. 424, 440 (2013)).
discussed
Cited as authority (rule)
State of New Jersey v. Tari D. Turpin
Where, as here, the PCR judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Elders, 192 N.J. 224, 243 (2007) (citation and internal quotation marks omitted)).
discussed
Cited as authority (rule)
State of New Jersey v. Shawn M. Fenimore
In reviewing such an application, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
State of New Jersey v. Michael A. Seward
Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy." [Ibid. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).] Where, as here, the trial court conducts an evidentiary hearing, we must uphold the court's factual findings, "so long as those findings are supported by A-2526-21 8 sufficient credible evide…
cited
Cited as authority (rule)
State of New Jersey v. Christopher Diantonio
Ibid. (citing State v. Rockford, 213 N.J. 424, 440 (2013)).
discussed
Cited as authority (rule)
State of New Jersey v. John Ramirez
Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy." [Ibid. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).] Where, as here, the judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record.…
discussed
Cited as authority (rule)
State of New Jersey v. Chris A. Benton
In reviewing such an application, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
State of New Jersey v. Ashon Q. Miller & Terrence M. Murray-Loach
In reviewing a motion to suppress evidence, we must uphold the court's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
State of New Jersey v. Dawan Ingram
Where, as here, the judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "so long as those findings are supported by A-1667-21 8 sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
cited
Cited as authority (rule)
State v. Amandeep K. Tiwana
State v. Rockford, 213 N.J. 424, 440 (2013).
discussed
Cited as authority (rule)
State of New Jersey v. Tyshon M. Nieves
In making the determination, we must consider whether the officers' conduct was "objectively reasonable in light of 'the facts known to the . . . officer[s] at the time of the search.'" State v. Rockford, 213 N.J. 424, 441 (2013) (quoting Handy, 206 N.J. at 46-47 ).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. DAVID HINESTROZA (19-05-0609, HUDSON COUNTY AND STATEWIDE)
In reviewing a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. DION RICHARDSON (18-11-3732, ESSEX COUNTY AND STATEWIDE)
"Those findings warrant particular deference when they are substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the feel of the case, which a reviewing court cannot enjoy." State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (internal quotation marks and citations omitted).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. ALEXANDRA MANSONET (17-11-1556, MONMOUTH COUNTY AND STATEWIDE)
State v. Rockford, 213 N.J. 424, 440 (2013).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. ALTAREIK R. JOHNSON-TAYLOR (18-08-1215 and 19-02-0280, MIDDLESEX COUNTY AND STATEWIDE)
Accordingly, "[a]n appellate court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. DAIQUAN C. BLAKE STATE OF NEW JERSEY v. ROBERT F. BLAKE STATE OF NEW JERSEY v. ROBERT F. IVERSON (17-03-0259, CUMBERLAND COUNTY AND STATEWIDE) (CONSOLIDATED)
He also argues his statement was not voluntary because police tricked him into believing he was not a suspect and downplayed his right to remain silent. "[A]n appellate court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. KASHIFE H. WYCKOFF (18-08-0751, CUMBERLAND COUNTY AND STATEWIDE)
State v. Rockford, 213 N.J. 424, 440 (2013).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. DARIEN L. MARTIN (15-12-0598, SALEM COUNTY AND STATEWIDE)
(2×)
also: Cited "see"
We begin by noting, in our review of a trial court's denial of a suppression motion, we will "uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. DANTE C. ALLEN (16-02-0379, MONMOUTH COUNTY AND STATEWIDE)
"Those findings warrant particular deference when they are 'substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the "feel" of the case, which a reviewing court cannot enjoy.'" State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. RAMON VEGA (16-10-2876, ESSEX COUNTY AND STATEWIDE)
The judge found significant Detective Docke's testimony about his prior experience executing a search warrant at 246 Clifton, that "time is either . . . your enemy or your friend," and that "[b]y breaching the wrong door" the officers "were losing time." In addition, the search warrant was directed toward "drugs and firearms," and that "[f]irearms are inherently dangerous." A knock-and-announce provision in a warrant "renders unlawful a forcible entry to arrest or search 'where the officer failed first to state his authority and purpose for demanding admission.'" State v. Rockford, 213 N.J. 42…
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JAHMEZ R. WALKER (13-07-0651 AND 14-10-0912, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Where, as here, the judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JOELLE D. CARONNA STATE OF NEW JERSEY VS. FREDDY COLLADO (20-02-0221, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED)
(2×)
Although Hudson was decided fifteen years ago, our Supreme Court "has not embraced Hudson's approach to date." State v. Rockford, 213 N.J. 424, 461 (2013) (LaVecchia, J., dissenting).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. CARLO TACCETTA (15-10-0150, MORRIS COUNTY AND STATEWIDE)
"Those findings warrant particular deference when they are substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot enjoy." State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (citations omitted).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. AL-RAHEEM S. MARROW (16-06-1858, ESSEX COUNTY AND STATEWIDE)
State v. Rockford, 213 N.J. 424, 440 (2013).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. COREY CAUTHEN (09-01-0006, PASSAIC COUNTY AND STATEWIDE)
Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy." [Ibid. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).] Where, as here, the judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record.…
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. GEORGE J. HOLIDAY (16-04-0680, MIDDLESEX COUNTY AND STATEWIDE)
In reviewing a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JUSTIN C. WILLIAMS (17-09-0681, UNION COUNTY AND STATEWIDE)
The judge was entitled to find the detective credible – and we are obligated to defer to that finding, State v. Scriven, 226 N.J. 20, 40 (2016); State v. Rockford, 213 N.J. 424, 440 (2013) – even if the detective was then uncertain A-2533-18 4 about whether the smell was of burnt or raw marijuana.
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. KESHAWN MALONE (15-04-0466, BERGEN COUNTY AND STATEWIDE)
As we "must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)), we glean the pertinent supported facts from the trial judge's written decision.
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. KHALIF LEE (16-03-0909, ESSEX COUNTY AND STATEWIDE0
State v. Handy, 206 N.J. 39, 44-45 (2011). "[A]n appellate court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. CRAIG J. HUGHES (18-08-0661, MORRIS COUNTY AND STATEWIDE)
If the trial court's decision is based upon a legal conclusion, "we conduct A-4301-18 10 a de novo, plenary review." State v. Rockford, 213 N.J. 424, 440 (2013).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. DANIEL T. WILLIAMS (17-11-2435, ATLANTIC COUNTY AND STATEWIDE)
In reviewing a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. BRETT J. LANDES (18-03-0038, BURLINGTON COUNTY AND STATEWIDE)
We reiterate that "[a]ppellate review of a motion judge's factual findings in a suppression hearing is highly deferential." State v. Gonzales, 227 N.J. 77, 101 (2016) (citing State v. Hubbard, 222 N.J. 249, 262 (2015)). "'[A]n appellate court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. SHAQUILLE JOHN STATE OF NEW JERSEY VS. MICHAEL ATKINSON STATE OF NEW JERSEY VS. JAHID T. WATSON (15-03-0210, UNION COUNTY AND STATEWIDE) (CONSOLIDATED)
If the trial court's decision is based upon a legal conclusion, "we conduct a de novo, plenary review." State v. Rockford, 213 N.J. 424, 440 (2013) (citations omitted).
discussed
Cited as authority (rule)
State v. Robert Andrews (082209) (Essex County & Statewide)
Pursuant to that authority, the State may destroy property, United States v. Ramirez, 523 U.S. 65, 69-71 (1998), forcibly enter a residence, United States v. Banks, 540 U.S. 31, 33, 40 (2003), and employ flash-bang devices, State v. Rockford, 213 N.J. 424, 431-32 (2013), all in the name of executing a warrant.
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. RICHARD R. LEONCINI (14-07-0697, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Where, as here, the PCR court conducts an evidentiary hearing, we must uphold the court's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (internal quotation marks omitted) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TIMOTHY L. ROSS (18-01-0032, MIDDLESEX COUNTY AND STATEWIDE)
As we "must uphold the factual findings underlying the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)), we glean the pertinent facts from the trial court's written decision.
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. SAMANTHA CRUZ (15-02-0065 AND 10-06-0573, PASSAIC COUNTY AND STATEWIDE)
Where, as here, the judge conducts an evidentiary hearing, we must uphold the judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. LAMONT LOPER (17-10-2153, ATLANTIC COUNTY AND STATEWIDE)
"Those findings warrant particular deference when they are substantially influenced by [the trial judge's] opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot enjoy." State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (citations omitted).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. A.W. (10-06-1463, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
We have no issue with the judge's factual findings because they are "substantially influenced by [his] opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot enjoy[,]" and "are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. D.D. (10-02-0218, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
"Those findings warrant particular deference when they are 'substantially influenced by [the court's] opportunity to hear and see the witnesses and to have the "feel" of the case, A-0119-18T4 5 which a reviewing court cannot enjoy.'" State v. Rockford, 213 N.J. 424, 440 (2013) (quoting State v. Robinson, 200 N.J. 1, 15 (2009)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TYQUAN GIBBS (18-02-0090, HUDSON COUNTY AND STATEWIDE)
In reviewing a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." State v. Rockford, 213 N.J. 424, 440 (2013) (quoting Robinson, 200 N.J. at 15 ).
Retrieving the full opinion text from the archive…
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT
v.
RICHARD RAMON GARDNER A/K/A GARY EVANS, RICKY, IAN, J. ELIE AND RICHARD M. GARDNER
v.
RICHARD RAMON GARDNER A/K/A GARY EVANS, RICKY, IAN, J. ELIE AND RICHARD M. GARDNER
Supreme Court of New Jersey.
Apr 17, 2013.
Cited by 1 opinion | Published
ORDER
This matter having been duly considered and the Court having determined that certification was improvidently granted;
It is ORDERED that this appeal is dismissed.