Search Rutgers Law Library N.J. Court Opinions

181 State of New Jersey v. G.V. -- rank: 846

... is aware of the nature of his or her conduct. N.J.S.A. 2C:14-1d. “'Intimate parts' means . . . sexual organs, genital area ... area, inner thigh, groin, buttock or breast of a person.” N.J.S.A. 2C:14-1e. To prove sexual assault, the State was ... daughter did not require the State to prove sexual gratification. N.J.S.A. 2C:14-2a. Yet, the jury was instructed that it ... touching did not involve an intimate part of the body. N.J.S.A. 2C:14-1e. Because the Peterson episode did not involve ... victim or for defendant's sexual arousal or sexual gratification. N.J.S.A. 2C:14-1d. Despite defendant's denial that he touched ... L.V.'s intimate parts was unlawful as required by N.J.S.A. 2C:14-1d. B.     The second prong of the ...

docket:	a-59-98
court:	njsupreme
decided:	2000-01-27
status:
citation:	162 N.J. 252
Document Size:	89891

182 State v. German Marquez -- rank: 846

... analyzes the interplay between New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and its refusal law, N.J.S.A. 39:4-50.4a, to determine whether the statutes require ... Motor Vehicles Standard Statement for Operators of a Motor Vehicle N.J.S.A. 39:40-50.2(e)" (standard statement). This is an ... the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested ... Legislature addressed this problem by enacting an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N. ...

docket:	a-35-09
court:	supreme
decided:	2010-07-12
status:
citation:
Document Size:	161798

183 State v. Rasheed Mahammad -- rank: 846

... this appeal is whether the New Jersey victim impact statute, N.J.S.A. 2C:44-6 to allow family members of murder victims ... statements in non-capital cases directly to the sentencing court. N.J.S.A. 52:4B-36.     Finally, on November 5, 1991, the New ... aggravating factors outweigh the mitigating factors. Ibid. One mitigating factor, N.J.S.A. 2C:ll-3c(5)(h), (section 5(h)), is defined ... evidence that relates to any of the other mitigating factors, N.J.S.A. 2C:ll-3(5)(a), (b), (c), (d), (e), (f ... sentencing phase of a capital trial. When the Legislature enacted N.J.S.A. 52:4B-1 to -33), the people of New Jersey ... and substantial duress insufficient to constitute a defense to prosecution.                 [ N.J.S.A. 2C:11-3c(5)                  (emphasis added).]     Inevitably, defense counsel ...

docket:	a-138-95
court:	njsupreme
decided:	1996-06-28
status:
citation:	145 N.J. 23
Document Size:	180700

184 Leah Coleman v. Sonia Martinez -- rank: 846

... pp. 25-27) 4. Enacted in part to codify McIntosh, N.J.S.A. 2A:62A-16 immunizes licensed medical professionals in the fields ... of construction, the Court finds Martinez does not fall within N.J.S.A. 2A:62A-16 but notes that, “even if a ... the common law should be harmonized with the standards of N.J.S.A. 2A:62A-16 so that the public policies enunciated by ... case of a licensed social worker, to the guideline in N.J.S.A. 2A:62A-16 would maintain a consistent standard for similarly ... claimed protection under the New Jersey Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to - 11.5 During discovery, Dr. Charles ... on the following assertions: she was immune from liability under N.J.S.A. 2A:62A-16; the harm to Coleman was unforeseeable ...

docket:	a-3-20
court:	NJ Supreme Court
decided:	2021-07-15
status:
citation:
Document Size:	118563

185 State of New Jersey v. Laura Moran -- rank: 846

... was found guilty in Aberdeen Municipal Court of reckless driving ( N.J.S.A . 39:4-96), as well as improper display of a license plate ( N.J.S.A . 39:3-33) and obstruction of the windshield ( N.J.S.A . 39:3-74). In addition to the penalties imposed for ... suspended Moran's driving privileges for forty-five days under N.J.S.A . 39:5-31. During the proceedings in municipal court, Moran ... The court justified the imposition of the license suspension under N.J.S.A . 39:5-31 based on both Moran's driving in ... was represented by appointed counsel and challenged the constitutionality of N.J.S.A . 39:5-31, which empowers the court to suspend ...

docket:	a-55-09
court:	supreme
decided:	2010-07-13
status:
citation:
Document Size:	107788

186 Denise A. Perrelli v. Bridget Pastorelle -- rank: 846

... a unanimous Court. In this appeal, the Court considers whether N.J.S.A. 39:6A-4.5(a) bars a person who was ... action to recover economic and noneconomic damages for those injuries. N.J.S.A. 39:6A-4.5(a) barred the action. The trial ... for leave to appeal. 204 N.J. 33 (2010). HELD : N.J.S.A. 39:6A-4.5(a) bars a person who was ... to recover economic and noneconomic damages for those injuries. 1. N.J.S.A. 39:6A-4.5(a) states that a person who ... the accident. The term “operating” is not defined, but N.J.S.A. 39:1-1 defines “operator” as “a person ... pp. 8-9) 4. The “No Fault Act,” N.J.S.A. 39:6A-1 to -35, adopted in 1972, requires ...

docket:	A-22-10
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:
Document Size:	76489

187 Joel S. Lippman, M.D. v. Ethicon, Inc. -- rank: 846

... standard of care, may invoke the whistleblower protections afforded under N.J.S.A. 34:19-3 of the Conscientious Employee Protection Act (CEPA or Act), N.J.S.A. 34:19-1 to -14. Plaintiff Joel S. Lippman, M ... the trial court’s interpretation of protected whistleblowing conduct under N.J.S.A. 34:19-3(c), finding that it was inconsistent with ... discouraging employers from engaging in illegal or unethical workplace activities. N.J.S.A. 34:19-3 establishes the types of whistleblowing activity for ... an employee.” An “employee,” as defined by N.J.S.A. 34:19-2(b), is “any individual who performs ... Moreover, New Jersey case law has extended the reach of N.J.S.A. 34:19-2(b), not restricted it. There is ...

docket:	A-65-13
court:	NJ Supreme Court
decided:	2015-07-15
status:
citation:	222 N.J. 362 119 A.3d 215
Document Size:	107878

188 Lawrence Watkins, Jr. v. Beverly Nelson and Kevin M. Nelson -- rank: 846

... to him and they immediately started legal proceedings, presumably under N.J.S.A. 9:2-5, to be appointed guardians of Chantel. Throughout ... 1. The statute under which the guardianship complaint was filed, N.J.S.A. 9:2-5, precludes an automatic award of custody to ... fit parents: the child's best interest test found in N.J.S.A. 9:2-4c. An award of custody to a third ... in an action for guardianship of a child pursuant to N.J.S.A. 9:2-5. Notwithstanding the fact that Larry had executed ... custody dispute between a biological parent and a third party, N.J.S.A. 9:2-5. That statute provides:     In case of the ... the case and the benefit of the children shall require. [ N.J.S.A. 9:2-5]. The statute does not require prior ...

docket:	a-11-99
court:	njsupreme
decided:	2000-04-06
status:
citation:	163 N.J. 235
Document Size:	166529

189 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

190 State v. Eric Clemente Rangel -- rank: 846

... the Court considers whether the words “on another” in N.J.S.A. 2C:14-2(a)(3), as used in the phrase ... charged with various crimes including first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), and second-degree attempted aggravated sexual assault, N.J.S.A. 2C:5-1(a)(3) and 2C:14-2(a ... sexual penetration during an “aggravated assault on another” under N.J.S.A. 2C:14-2(a)(3). Defendant contended that the words ... sexual assault, both of which were predicated on violations of N.J.S.A. 2C:14-2(a)(3), and remanded for resentencing on ... J. 233 (2012). HELD : Based on the plain language of N.J.S.A. 2C:14-2(a)(3) and a textual reading ...

docket:	A-88-11
court:	NJ Supreme Court
decided:	2013-04-29
status:
citation:
Document Size:	87860

191 Hamilton Amusement Center v. Verniero -- rank: 846

... writing for the Court.     This appeal challenges the constitutionality of N.J.S.A. 2C:34-7c, which restricts the size, number, and content ... Assembly Bill, later codified, that directly affects those signs. Specifically, N.J.S.A. 2C:34-7, alleging that the restrictions contained in the ... petition for certification. HELD: The limitations on signage contained in N.J.S.A. 2C:34-7c represent constitutional limitations of commercial speech. 1 ... than the federal free speech clause. (pp. 5-6) 2. N.J.S.A. 2C:34-7c applies only to commercial speech and such ... enactment evidence that was before the Legislature when it enacted N.J.S.A. 2C:34-7c, and the legislative history as a whole ... in protecting minors and regulating traffic. (pp. 20-22) 8. N.J.S.A. 2C:34-7c is not substantially broader than necessary ...

docket:	a-64-97
court:	njsupreme
decided:	1998-07-21
status:
citation:	156 N.J. 254
Document Size:	109122

192 /usr/local/share/www/libweb/collections/courts/supreme/a-15-19.opn.html -- rank: 846

... be involved in the review of police misconduct complaints -- implicates N.J.S.A. 40:48-2, the police powers statute, which provides in ... health, safety and welfare of the municipality and its inhabitants”; N.J.S.A. 40A:14-118, which authorizes municipalities to establish and â ... of a chief of police with statutorily designated responsibilities; and N.J.S.A. 40A:14-181, which directs locally created law enforcement agencies ... at 225-26. (pp. 23-36) 3. The Court analyzes N.J.S.A. 40A:14-118 and, in particular, its final paragraph. The ... anticipates the delegation of subpoena power to oversight boards in N.J.S.A. 40A:14-118; the “necessary and proper” clause of N.J.S.A. 40:48-2 offers further authority for the Council’ ...

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court:
decided:
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Document Size:	116807

193 State v. Yolanda Terry -- rank: 846

... under the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37 (Wiretap Act or Act) authorizing ... not bypass the procedures of the Evidence Act of 1960, N.J.S.A. 2A:84A-33 to -44, and unilaterally adopt such an ... provisions of this act, shall lose its privileged character.” N.J.S.A. 2A:156A-11 (last sentence of section 11). As applied ... declines to adopt the change on its own. Pursuant to N.J.S.A. 2A:84A-38, the Court proposes a crime-fraud exception ... under the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37 (Wiretap Act or Act). The ... the policies that protect otherwise privileged communications between spouses. See N.J.S.A. 2A:156A-11. As a result, conversations between spouses ...

docket:	A-71-12
court:	NJ Supreme Court
decided:	2014-07-22
status:
citation:	218 N.J. 224 94 A.3d 882
Document Size:	105212

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

... the Eck stabbing, of purposeful murder by his own conduct, N.J.S.A. 2C:11-3a(1)&(2); felony murder, N.J.S.A. 2C:5-1 & 2C:11-3; armed robbery, 127 N ...

docket:	a-18-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	155 N.J. 383
Document Size:	232674

195 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 846

... Jersey Tort Claims Act (TCA), the Good Samaritan Act, or N.J.S.A. 26:2B-16, a statute that immunizes officers from liability ... The immunities from liability provided by the Good Samaritan Act, N.J.S.A. 26:2B-16, and most TCA provisions invoked by defendants ... person, even where there is no duty to do so. N.J.S.A. 2A:62A-1.1 immunizes law enforcement officers -- absent gross ... not implicate the Good Samaritan Act. (pp. 14-16) 2. N.J.S.A. 26:2B-16 is similarly inapplicable here. That statute imposes ... determination that would allow their actions to be immunized under N.J.S.A. 26:2B-16. Additionally, they provided no assistance to Gonzalez ... him. This is not action or assistance as contemplated by N.J.S.A. 26:2B-16. (pp. 16-19) 3. Liability under ...

docket:	a-19-20
court:	NJ Supreme Court
decided:	2021-08-04
status:
citation:
Document Size:	71789