Search Rutgers Law Library N.J. Court Opinions

1 State in the Interest of J.A. -- rank: 1000

... by an adult would constitute a second-degree robbery under N.J.S.A. 2C:15-1. These are the facts presented at trial ... law enforcement officer with the purpose to implicate another,” N.J.S.A. 2C:28-4(a), and a disorderly persons offense to ... enforcement officer “knowing that it did not occur,” N.J.S.A. 2C:28-4(b). See Davis , supra , 547 U.S ... the downgraded offense of third-degree theft from a person, N.J.S.A. 2C:20-3. Based on H.A.’s admitted ... insurance); N.J.R.E. 412 (adopting Rape Shield Law, N.J.S.A. 2C:14-7). 18 The trial court admitted the hearsay ...

docket:	a-2-07
court:
decided:	2008-06-23
status:
citation:	195 N.J. 324
Document Size:	139712

2 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 954

... Court graduates seeking expungement of their criminal records pursuant to N.J.S.A. 2C:35-14(m) — the "Drug Court expungement statute" — must make a "public interest" showing as N.J.S.A. 2C:52-2(c)(3) requires for the expungement of ... Court expungement statute, and its legislative history, we conclude that N.J.S.A. 2C:35-14(m)(2) clearly imports the public interest requirement under N.J.S.A. 2C:52-2(c)(3). We therefore vacate orders expunging ... As these appeals require us to consider the interplay between N.J.S.A. 2C:35-14(m) and N.J.S.A. 2C:52-2(c)(3), we review those key ...

docket:	a1516-16
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	published
citation:	451 N.J.Super. 391 168 A.3d 83
Document Size:	57447

3 DCPP VS. B.C. AND A.A., IN THE MATTER OF THE GUARDIANSHIP OF A.A. AND J.A. -- rank: 870

... best interests test warranting termination of her parental rights under N.J.S.A. 30:4C-15.1(a). The law guardian argues the ... proven all four prongs of the best interests standard under N.J.S.A. 30:4C-15.1(a), entered an order terminating the ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each ... amended only prong two of the best interests standard under N.J.S.A. 30:4C-15.1(a) by deleting the sentence, '[s ... the child.' Compare L. 2021, c. 154, § 9 (current N.J.S.A. 30:4C-15.1(a)(2)), with L. 2015, c ... a KLG. Compare L. 2021, c. 154, § 4 (current N.J.S.A. 3B:12A- 6(d)(3)), with L. 2006, c. ...

docket:	a2191-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	44098

4 IN THE MATTER OF PETITION FOR RULEMAKING TO AMEND N.J.A.C. 10A:71-3.11, ET AL. -- rank: 868

... future date of parole eligibility, known as an FET. See N.J.S.A. 30:4-123.56; N.J.A.C. 10A:71 ... Act requires the Board to perform 'an objective risk assessment.' N.J.S.A. 30:4-123.52(e); see N.J.A.C ... legislative and executive branches. Notably, the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.76, has not been ... on juvenile and young adult brain development. See e.g., N.J.S.A. 2C:44-1(b)(14) (creating a new mitigating sentencing ... 80, 95 (1987)) (highlighting the addition of mitigating factor fourteen, N.J.S.A. 2C:44- - 1(b)(14), which reads, '[t]he defendant ... the commission of the offense'). The Court concluded 'the 4 N.J.S.A. 2C:44-1(b)(7), which reads, '[t]he ...

docket:	a0494-22a1180-22
court:	appellate
decided:	2024-05-09
status:	Unpublished
citation:
Document Size:	58470

5 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 863

... prongs three and four of the best interests standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing proof ... she] has experienced.' In addition, counsel claimed that pursuant to N.J.S.A. 9:6-8.50(b), the court could amend the ... a prior court hearing that another judge . . . in relying on [N.J.S.A.] 9:6-8.50(b) said that you could . . . present ... We note our disagreement with counsel for the Division that N.J.S.A. 9:6-8.50(b) was designed to permit the ... qualifying her as an abused and neglected child pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). After reviewing the ... an abused and neglected child under the last clause of N.J.S.A. 9:6-8.21(c)(4)(b) defining an ...

docket:	a2413-21a1371-22
court:	appellate
decided:	2024-04-11
status:	Unpublished
citation:
Document Size:	151523

6 NEW JERSEY REAL ESTATE COMMISSION VS. RICHARD A. KARPF, ET AL. -- rank: 857

... open to the public during usual business hours, and (2) N.J.S.A. 45:15-17(e) alleging his conduct demonstrated unworthiness, incompetency ... N.J.A.C. 11:5-4.4(a) and N.J.S.A. 45:15-17(e) remained as the sole count to ... and demonstrated unworthiness, incompetence, and bad faith in violation of N.J.S.A. 45:15-17(e). The ALJ concluded Karpf's office ... clients reach him when he was teaching.' With respect to N.J.S.A. 45:15-17(e), the ALJ concluded that Karpf's ... which evidenced unworthiness, incompetence, and bad faith in violation of N.J.S.A. 45:15-17(e). Karpf's 'continued intentional misrepresentation of ... N.J.A.C. 11:5-4.4(a) and N.J.S.A. 45:15-17(e). The Commission noted N.J. ...

docket:	a3654-21
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	67818

7 IN THE MATTER OF THE CANNABIS REGULATORY COMMISSION'S DISQUALIFICATION OF BLOOM MEDICINALS OF PA, LLC FROM FURTHER CONSIDERATION OF AWARD OF PERMIT TO OPERATE AN ALTERNATIVE TREATMENT CENTER UNDER THE 2018 REQUEST FOR APPLICATIONS PURSUANT TO COURT O -- rank: 857

... and analysis. I. The Compassionate Use of Medical Cannabis Act, N.J.S.A. 24:6I-1 to - 56 (the Act), provides qualifying patients ... prosecution, and other penalties for possessing cannabis for medical purposes. N.J.S.A. 24:6I-2(e).1 To qualify, a patient must ... Act or from any condition the CRC establishes as debilitating. N.J.S.A. 24:6I-3. The Act also protects those authorized to ... process, and dispense cannabis pursuant to the statute's terms. N.J.S.A. 24:6I-7. 1 All citations to the Act are ... qualified patients and issuing permits for the operation of ATCs. N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7; Nat. Med., 428 N.J. Super. ...

docket:	a0569-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:	Unpublished
citation:
Document Size:	80123

8 James Kennedy, II v. Weichert Co. d\/b\/a Weichert Realtors -- rank: 855

... enter into an independent contractor business affiliation is enforceable under N.J.S.A. 45:15-3.2, and Kennedy, as an independent contractor, was not subject to the WPL pursuant to N.J.S.A. 34:11-4.1(b). The trial court therefore erred ... broker” to conduct real estate activities enumerated in the statute. N.J.S.A. 45:15-3 (2017). (pp. 14-16) 2. The WPL ... whether a person is an employee or an independent contractor. N.J.S.A. 34:11-4.1(b). In Hargrove v. Sleepy’s ... Act accordingly. Most significantly, the Legislature added a new section, N.J.S.A. 45:15-3.2, providing that “[n]otwithstanding any ... real estate industry, the 2022 amendments, as enacted, provided that N.J.S.A. 45:15-3.2 “shall apply retroactively to ...

docket:	a_48_49_22
court:	supreme
decided:	2024-05-10
status:	Published
citation:
Document Size:	59854

9 STATE OF NEW JERSEY VS. SHANNON A. MCGUIGAN -- rank: 855

... a first-degree drug-induced death crime, in violation of N.J.S.A. 2C:35-9(a), along with other drug-related crimes ... dangerous substance with the intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... strict liability for a drug-induced death, in violation of N.J.S.A. 2C:35- 9(a); third-degree distribution of a controlled dangerous substance, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... degree possession of a controlled dangerous substance, in violation of N.J.S.A. 2C:35-10(a)(1). Before trial, the State moved ... term of imprisonment, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, on the drug-induced-death ...

docket:	a3224-21
court:	appellate
decided:	2024-04-05
status:	Published
citation:
Document Size:	53349

10 DCPP VS. M.P. AND D.S., IN THE MATTER OF THE GUARDIANSHIP OF L.J.P. -- rank: 854

... convincing evidence the statutory four-prong best interests test under N.J.S.A. 30:4C-15.1(a). David contends the judge erred ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- - 15.1(a) requires the Division prove by ... very thin' and 'pale' and had a healing rib fracture. N.J.S.A. 9:6-8.21 to -8.82. The Dodd Act ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C- A-0030-23 21 15.1(a). Based ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a0030-23
court:	appellate
decided:	2024-04-17
status:	Unpublished
citation:
Document Size:	74513

11 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. and J.A.T.A., a/k/a J.R and F.S. -- rank: 854

... an oral decision, finding the Division met its burden under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... the children from their foster parent under prong four of N.J.S.A. 30:4C-15.1(a).'8 John urges us to ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). See also N. ...

docket:	a1955-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-28
status:	Unpublished
citation:
Document Size:	53591

12 In the Matter of the New Jersey Firemen Association Obligation to Provide Relief Applications Under the Open Public Records Act -- rank: 854

... record request, the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right ... from instituting a proceeding under the Declaratory Judgment Act (DJA), N.J.S.A. 2A:16-50 to -62. The Court also decides whether ... declaratory judgment action was barred by section 6 of OPRA, N.J.S.A. 47:1A-6, which vests the right to institute proceedings ... or not further relief is or could be claimed,” N.J.S.A. 2A:16-52, the DJA provides all individuals and organizations ... present bona fide legal issues to the court for resolution, N.J.S.A. 2A:16-53. A declaratory judgment claim is ripe for ... records presumptively accessible to the public unless an exemption applies. N.J.S.A. 47:1A-1. OPRA’s twenty-one exemptions are ...

docket:	A-68-15
court:	NJ Supreme Court
decided:	2017-08-03
status:
citation:	230 N.J. 258 166 A.3d 1125
Document Size:	88448

13 Division of Child Protection and Permanency v. D.C.A. -- rank: 852

... fourth prong of the best interests of the child test, N.J.S.A. 30:4C-15.1(a)(4), despite a 2021 Amendment ... consideration of those relationships under the test’s second prong, N.J.S.A. 30:4C-15.1(a)(2). Defendants “Divina” and ... arguing that in the wake of the 2021 Amendment to N.J.S.A. 30:4C-15.1(a), such evidence was no longer ... proven by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a) and terminated the parental rights ... rejecting Divina’s argument that the Legislature’s amendment of N.J.S.A. 30:4C-15.1(a)(2) barred trial courts from ... the resource family when they address the fourth prong of N.J.S.A. 30:4C-15.1(a). The trial court properly ...

docket:	a-44-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:
citation:
Document Size:	75850

14 Aleice Jeter v. Sam's Club -- rank: 852

... General, had offered P.V. an immunity agreement pursuant to N.J.S.A. 2A:81-17.3, and that P.V. had nonetheless ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2, on the attempted murder charge, and ... by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause ... against the arrestee, but on an officer’s 2 Under N.J.S.A. 2B:12-21(a), “[a]n administrator or deputy ... position despite the State’s offer of immunity pursuant to N.J.S.A. 2A:81-17.3 and the trial court’s order ... privilege against self-incrimination is codified in our statutory law, N.J.S.A. 2A:84A-19, and rules of evidence, N.J. ...

docket:	a-53-20
court:	NJ Supreme Court
decided:	2022-03-17
status:
citation:
Document Size:	124186

15 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.H.,1 and N.F -- rank: 850

... the Division was granted custody of A.F. pursuant to N.J.S.A. 9:6-8.29 and N.J.S.A. 30:4C-12. N.F. later executed a voluntary surrender ... applicability of the four - prong best-interest standard, codified in N.J.S.A. 30:4C-15.1(a), as modified by 'the recently amended termination of parental rights and KLG statutes under [ N.J.S.A.] 30:4C-, which became effective July 2[], 2021.' See L ... failed to prove by clear and convincing evidence pursuant to [N.J.S.A. 30:4C-15.1] that the parental rights of [defendant ... satisfied with respect to termination of parental rights. However, citing N.J.S.A. 30:4C-15.1(a)(3), the judge stressed ...

docket:	a1666-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-28
status:	Unpublished
citation:
Document Size:	81122