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136 State v. Joseph Schubert, Jr. -- rank: 846

... defendant’s offense, plea, and sentence, community supervision for life, N.J.S.A. 2C:43-6.4, one component of a series of ... remedial, double-jeopardy principles are inapplicable. (pp. 10-11) 3. N.J.S.A. 2C:43-6.4 is punitive. Although the Court previously found that N.J.S.A. 2C:7-1 to -11, Megan’s Law’s registration ... a defendant’s administrative obligation following completion of the sentence. N.J.S.A. 2C:7-2(a)(1) states that an individual “shall register,” and N.J.S.A. 2C:7-3(1) states that the sentencing court � ... shall notify the defendant of the obligation to register.” N.J.S.A. 2C:43-6.4(a), on the other hand, ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

137 IMO Borough of Keyport v. Local 68 -- rank: 846

... municipalities violated the New Jersey Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -39, and required each municipality to ... municipalities violated the New Jersey Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -39, and required each municipality to ... concluded that Keyport’s compliance with the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, and regulations did not ... Civil Service law should prevail in case of a conflict. N.J.S.A. 11A:11-2(j); N.J.S.A. 34:13A-8.1. Keyport and Mount Laurel cite to ... law to its authority to reduce teaching staff pursuant to N.J.S.A. 18A:28-9. 2 NJSLM adds that an appellate ...

docket:	A-43-13
court:	NJ Supreme Court
decided:	2015-07-14
status:
citation:	222 N.J. 314 118 A.3d 1041
Document Size:	161280

138 D.W.v. R.W. -- rank: 846

... statutory changes to the New Jersey Parentage Act (Parentage Act), N.J.S.A. 9:17-38 to -59. The trial court found that ... court nor the Appellate Division referenced the applicable statutory provision, N.J.S.A. 9:17-48, which addresses the circumstances that warrant an ... to deny genetic testing. 1. The New Jersey Parentage Act, N.J.S.A. 9:17-38 to -59, ensures that children receive the ... existence or nonexistence of the parent and child relationship.” N.J.S.A. 9:17-45(a). In this case, Richard is the ... an appropriate action only by clear and convincing evidence,” N.J.S.A. 9:17-43(b); there is little question that a ... did not follow the general governing principles set forth in N.J.S.A. 9:17-48(d). The parties do not dispute ...

docket:	A-4-11
court:	NJ Supreme Court
decided:	2012-10-10
status:
citation:	212 N.J. 232 52 A.3d 1043
Document Size:	153702

139 State of New Jersey v. Jason Shelley -- rank: 846

... small kindergarten class constitutes an elementary school for purposes of N.J.S.A. 2C:35-7, which establishes the criminal penalty for selling ... third-degree distribution of cocaine near school property contrary to N.J.S.A. 2C:35-7. He filed a motion to dismiss the ... that Goddard was an elementary school for the purposes of N.J.S.A. 2C:35-7’s application. Shelley entered a conditional guilty ... render the institution an elementary school under the language of N.J.S.A. 2C:35-7. The Court granted the State’s petition ... Appellate Division correctly vacated defendant Jason Shelley’s conviction under N.J.S.A. 2C:35-7 for distributing illicit drugs within 1,000 ... interpreted in favor of the defendant. (Pp. 5-4) 2. N.J.S.A. 2C:35-7 makes it a crime to distribute, ...

docket:	a-109-09
court:	NJ Supreme Court
decided:	2011-03-09
status:
citation:
Document Size:	88382

140 State v. Marie Hess -- rank: 846

... knowingly causing the death of her husband in violation of N.J.S.A. 2C:11-3(a)(1) and (2). Defense Investigation Defendant� ... year parole disqualifier; concede “that the aggravating factors under N.J.S.A. 2C:44-1a so preponderate over the mitigating factors set forth in N.J.S.A. 2C:44-1b as to make the maximum term of ... gravity and seriousness of harm inflicted on the victim,” N.J.S.A. 2C:44-1(a)(2), because “Mr. Hess was ... and for aggravating factor number nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). The court also found support ... factor number seven, because defendant had no prior criminal record, N.J.S.A. 2C:44-1(b)(7), and mitigating factor number ...

docket:	a-113-09
court:	superior court trial
decided:	2011-07-21
status:
citation:
Document Size:	204130

141 Sam Hargrove, et. al. v. Sleepy’s, LLC Sam Hargrove, et. al. v. Sleepy’s, LLC -- rank: 846

... for purposes of the New Jersey Wage Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.14, and the New Jersey Wage and Hour Law (WHL), N.J.S.A. 34:11-56a to -56a38? This Court granted the petition ... ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether a plaintiff is ... to discern legislative intent. (pp. 10-12) 2. The WPL, N.J.S.A. 34:11-4.1 to -4.14, governs the time ... independent contractors and subcontractors shall not be considered employees.” N.J.S.A. 34:11-4.1(b). Although neither the text of ... the WPL as well. (pp. 13-15) 3. The WHL, N.J.S.A. 34:11-56a to -56a38, is designed to protect ...

docket:	A-70-12 A-70-12
court:	NJ Supreme Court NJ Supreme Court
decided:	2015-01-14 2015-01-14
status:
citation:	220 N.J. 289 106 A.3d 449
Document Size:	111702

142 State v. Jason M. O'Donnell -- rank: 846

... In this appeal, the Court considers whether the bribery statute, N.J.S.A. 2C:27-2, applies to a candidate for political office ... not elected. The trial court dismissed the indictment, holding that N.J.S.A. 2C:27-2(d) did not apply to defendant. The ... improper benefit -- incumbents, candidates who win, and candidates who lose. N.J.S.A. 2C:27-2. The statute also expressly states that it ... extends to candidates. 1. The Court reviews the bribery statute, N.J.S.A. 2C:27-2. The indictment here tracks the language of ... is solicited or accepted, not at a later point. Further, N.J.S.A. 2C:27-2(d) does not say the recipient must ... office, or lacked jurisdiction, or for any other reason.” N.J.S.A. 2C:27-2. If anything, that provision rebuts defendant’ ...

docket:	a-17-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-07
status:
citation:
Document Size:	58984

143 Guerline Felix v. Brian V. Richards -- rank: 846

... Court. Under New Jersey’s so-called “deemer” statute, N.J.S.A. 17:28-1.4, out-of-state motor vehicle insurance ... for insurers, like GEICO, to which the second sentence of N.J.S.A. 17:28-1.4 applies. From the perspective of the ... equal protection claim therefore falls flat. 1. The deemer statute, N.J.S.A. 17:28-1.4, achieved its present form in 1998 ... Legislature added in the first sentence an express reference to N.J.S.A. 39:6A-3.1, which sets forth requirements for a ... inserted the words “subsection a” before the citation to N.J.S.A. 39:6B-1; N.J.S.A. 39:6B-1(a) contains the compulsory requirements for ...

docket:	a-27-18
court:	NJ Supreme Court
decided:	2020-02-26
status:
citation:
Document Size:	80420

144 State v. Robert W. Morton -- rank: 846

... S. Ct. 949 , 133 L. Ed.2d 873 (1996); see N.J.S.A. 2C:11-3e. A defendant's death sentence is considered ... compare with the defendant's case. The 1992 amendment to N.J.S.A. 2C:11-3e limits this comparison group to only those ...

docket:	a-44-98
court:	njsupreme
decided:	2000-08-02
status:
citation:	165 N.J. 235
Document Size:	157954

145 State v. Darius J. Carter -- rank: 846

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates ... license plate for the purpose of evading law enforcement.” N.J.S.A. 39:3-33c (section 33c). The police issue more than ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “ ...

docket:	a-67-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101519

146 State v. Covell -- rank: 846

... Court. ����Covell was convicted of child luring in violation of N.J.S.A. 2C:13-6. At issue in this appeal is whether ... Thomas Covell, was convicted of child luring in violation of N.J.S.A. 2C:13-6. That statute states: ��������A person commits a ... Thomas Covell, who was arrested for child luring, contrary to N.J.S.A. 2C:13-6. ����The arrest report described defendant as a ... the street, waving her on." ����To secure a conviction under N.J.S.A. 2C:13-6, for the State to establish that defendant ...

docket:	a-13-98
court:	njsupreme
decided:	1999-03-24
status:
citation:	157 N.J. 554
Document Size:	59987

147 /usr/local/share/www/libweb/collections/courts/supreme/a-18-19-20-17.opn.html -- rank: 846

... sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard ... their entire record under the new drug court expungement statute, N.J.S.A. 2C:35-14(m). The trial court granted all three ... determine whether expungement would be consistent with the public interest. N.J.S.A. 2C:35-14(m)(2); id. § 52-2(c ... conviction.” Kollman, 210 N.J. at 570-71 (quoting N.J.S.A. 2C:52-2(a)(2) (2010)). Some crimes are not ... finds that expungement is consistent with the public interest.” N.J.S.A. 2C:52-2(c)(3) (emphasis added). To make ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	54995

148 New Jersey Division of Youth and Family Services v. C.M. -- rank: 846

... four-prong test for terminating parental rights is found at N.J.S.A. 30:4C:15-1(a), which states that DYFS shall ... trial court referenced the four-prong test codifi ed in N.J.S.A. 30:4C-15.1 (a) . In respect of the first ... unwilling or unable to eliminate the harm facing the child , N.J.S.A. 30:4C-15.1(a)(2) -- the trial court again ... regard to . . . [defendant]." Turning to the third prong listed in N.J.S.A. 30:4C-15.1 (a)(3) , the trial court ruled ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Accepting Dr. Perdomo's ... s findings in respect of each of the prongs of N.J.S.A. 30:4C-15.1(a) and, in an unpublished ...

docket:	a-74-08
court:	supreme
decided:	2010-06-01
status:
citation:	202 N.J. 145 996 A.2d 986
Document Size:	317165

149 State v. David A. Cooper -- rank: 846

... purposeful-or-knowing murder by his own conduct, contrary to N.J.S.A. 2C:13-1b (count three); and two counts of first ... murder is life imprisonment with thirty years of parole ineligibility. N.J.S.A. 2C:11-3b. The death penalty only comes into play ... police officers, charges a death-eligible form of murder under N.J.S.A. 2C:11-3c, and submits notice of at least one ... murder. He argues that under New Jersey's murder statute, N.J.S.A. 2C:11-3, three mental states give rise to murder ... with an examination of the structure of the murder statute, N.J.S.A. 2C:11-3, and the Death Penalty Act, N.J.S.A. 2C:11-3c to -3i. The murder statute was ...

docket:	a-99-96
court:	njsupreme
decided:	1997-08-20
status:
citation:	142 N.J. 449
Document Size:	252767

150 Hunterdon Medical Center v. Township of Readington -- rank: 846

... pulmonary rehabilitation services is exempt from local property taxation under N.J.S.A. 54:4-3.6. That statute exempts from taxation real ... Center received an exemption from local property tax pursuant to N.J.S.A. 54:4-3.6. However, for the 2000 tax year ... campus hospital facilities that would qualify for tax exemption under N.J.S.A. 54:4-3.6. The court’s test comprised three ... a core “hospital purpose” under the tax exemption statute ( N.J.S.A. 54:4-3.6). When an off-site facility provides ... purposes” for the purpose of the tax exemption provided by N.J.S.A. 54:4-3.6. (pp. 16-26) 2. In the ... post-admission, constitutes a presumptive core “hospital purpose” under N.J.S.A. 54:4-3.6. Whether the hospital delivers such ...

docket:	a-17-07
court:
decided:	2008-07-14
status:
citation:	195 N.J. 549
Document Size:	125489