Search Rutgers Law Library N.J. Court Opinions

46 Carol Ann Conforti v. County of Ocean -- rank: 848

... maintaining in part that OCJ was a medical facility under N.J.S.A. 59:6-1 and was therefore immune from liability under provisions of the TCA, N.J.S.A. 59:6-4, -5, and -6. The trial court refused ... 25 (2022). HELD: The definition of “medical facility” under N.J.S.A. 59:6-1 does not restrict the substantive immunities granted in N.J.S.A. 59:6-4, -5, or -6, which are also not ... at trial, that falls outside of any immunities granted by N.J.S.A. 59:6-4, -5, and -6. The jury could reasonably ... liability is the general rule and liability is the exception. N.J.S.A. 59:6-1 defines “medical facility” as “ ...

docket:	a-1-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:
citation:
Document Size:	156089

47 STATE OF NEW JERSEY VS. XAVIER EPPS -- rank: 848

... in a Hudson County indictment with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:11-3(a) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1) (count two); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count three); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1) (count four). The charges stemmed ... count one, as amended to charge second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). During the June 8, ...

docket:	a1064-21
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	63522

48 State v. June Gorthy -- rank: 848

... a criminal defendant is found competent to stand trial under N.J.S.A. 2C:4-4, he or she has the autonomy to ... in determining whether defendant is competent to stand trial under N.J.S.A. 2C:4-4(b) is whether defendant has the capacity ... for his or her conduct under the standard stated in N.J.S.A. 2C:4-1. It is an affirmative defense that defendant ... available options for defendant’s disposition are set forth in N.J.S.A. 2C:4-8(b)(3). (pp. 20-21) 3. A ... describe civil commitment and the other potential dispositions prescribed by N.J.S.A. 2C:4-8(b); and confirm the defendant’s understanding ... court should assess defendant’s competency to stand trial under N.J.S.A. 2C:4-4, based on current information and mental ...

docket:	A-51-14
court:	NJ Supreme Court
decided:	2016-09-28
status:
citation:	226 N.J. 516 145 A.3d 146
Document Size:	110695

49 Leander Williams v. New Jersey State Parole Board -- rank: 848

... release under the Earn Your Way Out Act (EYWO Act), N.J.S.A. 30:4-123.55b to .55f. Leander Williams pled guilty ... days. Williams administratively appealed to the Parole Board, arguing that N.J.S.A. 30:4-123.59 precluded the panel from requiring an ... the requirement that Williams reside at the RTP, determining that N.J.S.A. 30:4-123.59(b)(1)(a) authorized the panel to impose an RTP and that N.J.S.A. 30:4-123.59(d) was “inapplicable.” Williams ... RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to ... the conditions that can be imposed in that setting. 1. N.J.S.A. 30:4-123.53(a) details the process for ...

docket:	a-26-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-03
status:
citation:
Document Size:	69715

50 Statev. Thomas L. Scott -- rank: 848

... grand jury indicted defendant for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). In preparation for trial, defendant ... upon a balancing of the aggravating and mitigating factors in N.J.S.A. 2C:44-1, was sentenced to a five-year custodial ...

docket:	A-86-15
court:	NJ Supreme Court
decided:	2017-06-28
status:
citation:	229 N.J. 469 163 A.3d 325
Document Size:	178799

51 A-52-14 -- rank: 848

... parole. According to the Board, that result was compelled by N.J.S.A. 30:4-123.55(f), which required that the full ... The Appellate Division denied the motion. The panel reasoned that N.J.S.A. 30:4-123.55(f) is triggered only when a ... to a panel of the Board for an informal hearing. N.J.S.A. 30:4-123.55(c). After the hearing, the Board ... parole and file . . . a statement setting forth the decision,” N.J.S.A. 30:4-123.55(d). If the Board panel denies ... board, after conducting a hearing, concurs in that recommendation.” N.J.S.A. 30:4-123.55(f). That alternate track grew out ... and full Parole Board hearing that is implicitly required by N.J.S.A. 30:4-123.55(f), including the opportunity to ...

docket:	A-52-14
court:	NJ Supreme Court
decided:	2016-02-23
status:
citation:	224 N.J. 213 130 A.3d 1228
Document Size:	112241

52 State v. Andre Higgs -- rank: 848

... State and local law enforcement. In 1996, the Legislature passed N.J.S.A. 40A:14- 181, which requires all law enforcement agencies to ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. F. On appeal, defendant made numerous ... for police entities” (quotation omitted)). In 1996, the Legislature passed N.J.S.A. 40A:14-181, which requires all law enforcement 25 agencies ... persons simple assault matter was not a serious offense. See N.J.S.A. 2C:1-4(b)(1) (“Disorderly persons offenses . . . are ...

docket:	a-28-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:
citation:
Document Size:	91456

53 /usr/local/share/www/libweb/collections/courts/supreme/a_92_93_15.opn.html -- rank: 848

... beverages and seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of the ... place. In addition to generally alleging unconscionable commercial practices under N.J.S.A. 56:8-2, the Dugan plaintiffs and Bozzi allege that the defendant restaurants committed a regulatory violation by contravening N.J.S.A. 56:8-2.5. Under that section of the CFA ... —a consumer who satisfies the elements of the TCCWNA. N.J.S.A. 56:12-17. To be found liable under the TCCWNA ... a “clearly established legal right” or “responsibility.” N.J.S.A. 56:12-15. Plaintiffs contend that by failing to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	210705

54 Inthe Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M. -- rank: 848

... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act), should be forfeited pursuant to N.J.S.A. 2C:58-3(c)(5) based on the State’s ... in the interest of public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). At the evidentiary hearing on ... F.M. is not disqualified from possessing a firearm under N.J.S.A. 2C:58-3(c)(5). The appellate panel remanded the ... ’s personal weapon and identification card is inconsistent with N.J.S.A. 2C:58-3(c)(5) and, therefore, F.M.’s weapon and identification card are forfeited. 1. N.J.S.A. 2C:58-3(c) provides that a “person ...

docket:	A-60-14
court:	NJ Supreme Court
decided:	2016-06-30
status:
citation:	225 N.J. 487 139 A.3d 67
Document Size:	124284

55 J.B. v. New Jersey State Parole Board -- rank: 848

... buttress the parolees’ Fifth Amendment right against self-incrimination. 1. N.J.S.A. 30:4-123.88 provides that “[t]he State ... requirements of the monitoring program is a third-degree crime. N.J.S.A. 30:4-123.94. (pp 12-13) 2. The Parole ... and cooperate with the examination” constitutes a third-degree crime, N.J.S.A. 30:4-123.94, the current disclosures create a situation ... PSL) or community supervision for life (CSL) sentences pursuant to N.J.S.A. 2C:43-6.4. The parolees are all convicted sex ... subject to either PSL or its statutory predecessor, CSL. See N.J.S.A. 2C:43-6.4. As part of the Parole Board� ... Offender Monitoring Pilot Project Act (Pilot Project Act) in 2005, N.J.S.A. 30:4-123.80 to -123.88, which authorized ...

docket:	A-81-15
court:	NJ Supreme Court
decided:	2017-05-08
status:
citation:	229 N.J. 21 159 A.3d 1267
Document Size:	120348

56 C.V. v. Waterford Township Board of Education -- rank: 848

... “on account of . . . sex” in violation of the LAD, N.J.S.A. 10:5-12(f). Dean admitted in his deposition that ... The LAD proscribes discrimination “because of” sex in employment. N.J.S.A. 10:5-12(a). In places of public accommodation, discrimination ... agent, or employee of any place of public accommodation,” N.J.S.A. 10:5-12(f), to say they did not discriminate ... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12(f). In Lehmann v. Toys ‘R� ... harassment brought against schools as places of public accommodation under N.J.S.A. 10:5-12(f). The first prong of the Lehmann ... imprisonment at Avenel, subject to the No Early Release Act, N.J.S.A. 2C:43- 7.2. B. In May 2014, C. ...

docket:	a-24-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-12
status:
citation:
Document Size:	77948

57 /usr/local/share/www/libweb/collections/courts/appellate/a-67-15.opn.html -- rank: 848

... action brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Court determines whether the ... two-count complaint against Saint Clare’s, alleging violations of N.J.S.A. 10:5-4.1, a subsection of the LAD. The ... “reasonably precludes the performance of the particular employment.” N.J.S.A. 10:5-4.1. To prove a discriminatory discharge case ... action brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Appellate Division correctly reversed ... two-count complaint against Saint Clare’s, alleging violations of N.J.S.A. 10:5-4.1, a subsection of the LAD. The ... legal. The hospital cites various provisions of the LAD, including N.J.S.A. 10:5-5(q), -2.1, -4.1, and - ...

docket:	A-67-15
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:	230 N.J. 1 164 A.3d 1030
Document Size:	133865

58 Twanda Jones v. Morey Pier, Inc. -- rank: 848

... case are therefore subject to the TCA. When it enacted N.J.S.A. 59:8-8, the Legislature imposed a strict constraint on ... in two published opinions, in which trial courts focused on N.J.S.A. 59:8-8’s plain language and construed it to ... be sixty percent or more responsible for the total damages, N.J.S.A. 2A:15-5.3(a), and affords to a defendant ... share” of the damages a contribution claim against joint tortfeasors, N.J.S.A. 2A:15-5.3(e). The JTCL, N.J.S.A. 2A:53A-3, defines that contribution claim. As the Appellate ... even if that percentage met the sixty-percent threshold of N.J.S.A. 2A:15-5.3(a), best furthered the Legislature’ ...

docket:	A-75-15
court:	NJ Supreme Court
decided:	2017-07-27
status:
citation:	230 N.J. 142 165 A.3d 769
Document Size:	127291

59 State v. Nance/Bolton/Williams -- rank: 848

... the Court considers whether an amendment to the Graves Act, N.J.S.A. 2C:43-6.2 (section 6.2), which authorizes a ... period of parole ineligibility from three years, as prescribed by N.J.S.A. 2C:43-6(c), to one year. The sentencing judge ... that would otherwise be imposed pursuant to the Graves Act. N.J.S.A. 2C:43-6(c). The State represented to the sentencing ... or designee) must consider the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) when he or she chooses between ... mandatory minimum terms of incarceration that the statute otherwise requires. N.J.S.A. 2C:43-6.2. Section 6.2 was enacted to ... she “shall place the defendant on probation pursuant to [ N.J.S.A. 2C:43-2(b)(2)] or reduce to one ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

60 STATE V. BOBBY LEE BROWN -- rank: 846

... that Brown had committed the homicides "by his own conduct," N.J.S.A. 2C:11-3b. If the State elects again to seek ... his conviction and death sentence to this Court, pursuant to N.J.S.A. 2C:11-3e. Defendant advances numerous contentions on appeal, some ... by [their] own conduct" or procured its commission through payment. N.J.S.A. 2C:11-3c. ����In Gerald , supra , we adopted the view ... Most significantly, we determined that constitutional considerations, the mandate of N.J.S.A. 2C:11-3f, and our decision in Czachor required the ... a mandatory thirty-year term for each murder. As discussed, N.J.S.A. 2C:11-3f expressly provides for such an instruction to ... guilty of murder and should be sentenced in accordance with N.J.S.A. 2C:11-3b to at least a mandatory term ...

docket:	a-20-93
court:	njsupreme
decided:	1994-12-21
status:
citation:	138 N.J. 481
Document Size:	257909