Search Rutgers Law Library N.J. Court Opinions

61 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

62 State v. Kirby Lenihan -- rank: 846

... a unanimous Court. The issue in this appeal is whether N.J.S.A. 39:3-76.2f, the Mandatory Seat Belt Usage Law ... safety,” or a predicate offense within the meaning of N.J.S.A. 2C:40-18b. On Friday, August 10, 2007, just after ... indictment charging defendant in count one with a violation of N.J.S.A. 2C:40-18a, a second-degree offense, based on the ... The indictment also charged defendant with second-degree vehicular homicide, N.J.S.A. 2C:11-5a (count two); and first-degree vehicular homicide within 1000 feet of school property, N.J.S.A. 2C:11-5b(3) (count three). The latter charge was ... protect the public health and safety” within the meaning of N.J.S.A. 2C:40-18. That motion was denied by the ...

docket:	A-45-12
court:	NJ Supreme Court
decided:	2014-09-18
status:
citation:	219 N.J. 251 98 A.3d 533
Document Size:	81798

63 Czar, Inc. v. Jo Anne Heath, et al. -- rank: 846

... claim to the New Home Warranty and Builders’ Registration Act, N.J.S.A. 46:3B-1 to -20, or was instead performing home ... Fraud Act because of the 2004 amendments to that statute, N.J.S.A. 56:8-136 to -152, regulating home improvement contractors. Defendants ... is the 2004 enactment of the Contractor’s Registration Act, N.J.S.A. 56:8-136 to -152. That statute and its implementing ... register under the New Home Warranty and Builders’ Registration Act, N.J.S.A. 46:3B-1 to -20, a statute in existence for ... the scope and application of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. In short, we are required ... CFA because of the 2004 amendments to that statute, see N.J.S.A. 56:8-136 to -152, regulating the work of ...

docket:	a-114-07
court:
decided:	2009-03-18
status:
citation:	198 N.J. 195
Document Size:	84633

64 State v. James Buckner -- rank: 846

... to disqualify Judge Ahto, contending that (1) the Recall Statute, N.J.S.A. 43:6A-13 -- which allows retired judges to be recalled ... nine years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, arguing both that the ... the Legislature enacted the Judicial Retirement System Act (“JRSA”), N.J.S.A. 43:6A-1 to -46, leaving in place the recall ... to permit the recall of retired judges older than seventy. N.J.S.A. 43:6A-13(b). Defendant suggests that the period from ... service has gone unchallenged. Today, as the current Recall Statute -- N.J.S.A. 43:6A-13 -- turns forty, defendant claims that his criminal ... art. VI, § 6, ¶ 3, and the Recall Statute, N.J.S.A. 43:6A-13(b). We review them here to ...

docket:	A-22-14
court:	NJ Supreme Court
decided:	2015-07-30
status:
citation:	223 N.J. 1 121 A.3d 290
Document Size:	214671

65 /usr/local/share/www/libweb/collections/courts/appellate/a-4-21.opn.html -- rank: 846

... June 28, 2022 SOLOMON, J., writing for a unanimous Court. N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ... this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an investigatory ... suspicion of a tinted windows violation pursuant to adjacent statute N.J.S.A. 39:3-75. Defendant subsequently pled guilty to second-degree ... a reasonable and articulable suspicion of a motor vehicle violation. N.J.S.A. 39:3-75, which governs automotive safety glass, 1 does ... to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted ... Defendant was cited for a tinted windows violation pursuant to N.J.S.A. 39:3-74, which provides in pertinent part that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52273

66 /usr/local/share/www/libweb/collections/courts/supreme/a-c0-11.opn.html -- rank: 846

... calculating the ten-year period of the statute of repose, N.J.S.A. 2A:14-1.1(a), and 2) whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.2, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-2, authorize allocation of fault at trial to ... Hamnett defendants were barred by both the statute of repose, N.J.S.A. 2A:14-1.1(a), and the statute of limitations, N.J.S.A. 2A:14-1.2(a). The Brandt-Kuybida defendants filed ... could not under any circumstances be a joint tortfeasor under N.J.S.A. 2A:53A-2. Third, statutory constraints on a plaintiff’ ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100379

67 The Committee to Recall Robert Menendez v. Nina Wells -- rank: 846

... voters in a district. The Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which went into effect on ... this State or any State or local elected official.” N.J.S.A. 19:27A-2. 2 On September 25 , 2009, pursuant to ... recall process outlined in the Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which implements article I, paragraph ... this State or any State or local elected official.” N.J.S.A. 19:27A-2. Under the UREL, a registered voter seeking ... information about the sponsors and the committee petitioning for recall. N.J.S.A. 19:27A-6. The recall election official must then review ... three business days for “compliance with the provisions of [ N.J.S.A. 19:27A-6].” N.J.S.A. 19: ...

docket:	A-86-09
court:	NJ Supreme Court
decided:	2010-11-18
status:
citation:	204 N.J. 79 7 A.3d 720
Document Size:	437147

68 State of New Jersey v. Kelvin L. McLean -- rank: 846

... of third-degree possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-10a(1); third-degree possession of a controlled dangerous substance (heroin), N.J.S.A. 2C:35-10a(1); third-degree possession of a controlled dangerous substance (heroin) with intent to distribute, N.J.S.A. 2C:35-5a(1); and third-degree possession of a ... intent to distribute within 1000 feet of a school property, N.J.S.A. 2C:35-7. He was sentenced on the school zone ... of a controlled dangerous substance (heroin) with intent to distribute, N.J.S.A. 2C:35-5a(1); and third-degree possession of a ... intent to distribute within 1000 feet of a school property, N.J.S.A. 2C:35-7. CHIEF JUSTICE RABNER and JUSTICES LONG, ...

docket:	a-98-09
court:	superior court trial
decided:	2011-03-31
status:
citation:	205 N.J. 438 16 A.3d 332
Document Size:	96118

69 State v. Keith V. Cuff -- rank: 846

... safe place,” an element of the second-degree offense. N.J.S.A. 2C:13-1(c). Defendant was properly convicted of three ... not released in a safe place prior to apprehension. See N.J.S.A. 2C:13-1(b)-(c). Here, the trial court properly ... Defendant “released” none of them within the meaning of N.J.S.A. 2C:13-1(c). The Court rejects the argument that ... degree kidnapping while in possession of a firearm contrary to N.J.S.A. 2C:13- 1(b)(1). The trial court sentenced defendant ... conviction of three counts of first-degree kidnapping. Pursuant to N.J.S.A. 2C:13-1, when the State proves the elements of ... the defendant is guilty of kidnapping in the second degree. N.J.S.A. 2C:13-1(c). Although the trial court instructed ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982

70 DEG, LLC v. Township of Fairfield, et al. -- rank: 846

... was no market area available due to local ordinances and N.J.S.A. 2C:34-7, which prohibits operation of a sexually oriented ... against Fairfield. DEG alleged that Fairfield’s zoning ordinance and N.J.S.A. 2C:34-7 were unconstitutional and that the denial of ... held that DEG established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to DEG’s location, would ... prepared a second report concluding that DEG’s business violated N.J.S.A. 2C:34-7 because it was located within 1,000 ... negotiations, Fairfield and DEG agreed to settle the challenge to N.J.S.A. 2C:34-7. Fairfield’s township council approved the settlement ... authority to settle DEG’s as-applied constitutional challenge to N.J.S.A. 2C:34-7. A municipality should not be required ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229
Document Size:	114216

71 STATE V. JOSEPH LEON HALISKI -- rank: 846

... found defendant guilty of first-degree robbery, a violation of N.J.S.A. 2C:15-1. In a presentence hearing conducted pursuant to N.J.S.A. 2C:43-6d, the trial court found that defendant was ... to a mandatory extended-term sentence under the Graves Act, N.J.S.A. 2C:43-6c. The court found that a mandatory extended ... the court must impose initially an ordinary prison term because N.J.S.A. 2C:44-4b directs that a conviction is not to ... case requires us to resolve the tension between two statutes, N.J.S.A. 2C:43-6c and N.J.S.A. 2C:44-4b, which touch upon the legislative intent ...

docket:	a-59-94
court:	njsupreme
decided:	1995-04-20
status:
citation:	140 N.J. 1
Document Size:	91045

72 State v. Oscar Lopez-Carrera -- rank: 846

... considers whether the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, empowers judges to detain defendants ... pose a significant risk of non-appearance, danger, or obstruction. N.J.S.A. 2A:162-15, -17, -18. To enable judges to decide ... State v. Robinson, 229 N.J. 44, 56 (2017) (citing N.J.S.A. 2A:162-25(b)). To that end, the Act directed ... danger to the community while on pretrial 2 release.” N.J.S.A. 2A:162-26(c)(1). The risk assessment instrument considers ... the eligible defendant’s appearance in court when required.” N.J.S.A. 2A:162-18(a)(1) (emphasis added). The CJRA does ... First, the other two grounds for detention set forth in N.J.S.A. 2A:162-18(a)(1) -- the risk the defendant ...

docket:	a-8-9-20
court:	NJ Supreme Court
decided:	2021-03-30
status:
citation:
Document Size:	111694

73 M.S. v. Millburn Police Department, et al. -- rank: 846

... unanimous Court. The essential issue in this case is whether N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the ... filed a petition to forfeit the five handguns pursuant to N.J.S.A. 2C: 25-21 (d) (3) of the Prevention of Domestic ... therefore he was permanently barred from possessing a firearm under N.J.S.A. 2C: 58-3 (c) (8), a disability provision of the ... ordered return of the card, finding that the addition of N.J.S.A. 2C: 58-3 (c) (8) to the Gun Control Law ... 1997 domestic violence complaint and were not returned to him, N.J.S.A. 2C: 58-3 (c) (8), applied retroactively, forbids the return ... Court does not conclude, as the Appellate Division did, that N.J.S.A. 2C: 58-3 (c) (8) applies whenever a firearm ...

docket:	a-80-08
court:
decided:	2008-12-23
status:
citation:	197 N.J. 216
Document Size:	82217

74 State v. David Cooper -- rank: 846

... 406.     Defendant requested proportionality review for his death sentence. See N.J.S.A. 2C:11-3e. We granted that request and now find ... s case will be compared. In 1992, the Legislature amended N.J.S.A. 2C:11-3e to restrict the comparative group to only ... Instead, we applied the pre-1992 proportionality review provision of N.J.S.A. 2C:11-3e, pursuant to which we held that the ...

docket:	a-147-97
court:	njsupreme
decided:	1999-06-03
status:
citation:	159 N.J. 55
Document Size:	275894

75 Gerald McCann v. Clerk of the City of Jersey City and Louis Manzo -- rank: 846

... convictions, McCann was required to forfeit his office pursuant to N.J.S.A. 2C:51-2d, and under the Faulkner Act, N.J.S.A. 40:69A-166. The Criminal Code disqualifies from public office ... in addition to the provision in question. The language of N.J.S.A. 2C:51-2d, considered in the context of the entire ... higher. On the existing record, it cannot be concluded that N.J.S.A. 2C:51-2d mandates McCann's permanent disqualification from public ... The disqualification standard imposed on Faulkner Act municipalities pursuant to N.J.S.A. 40:69A-166 is supported by sound public policy justification ... was barred by the disqualification provisions of the Criminal Code, N.J.S.A. 2C:51-2d, and the Faulkner Act, N.J. ...

docket:	a-92-00_1
court:
decided:	2001-06-01
status:
citation:	167 N.J. 311
Document Size:	87543