Search Rutgers Law Library N.J. Court Opinions

1171 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 841

... defendants with second degree conspiracy to commit aggravated sexual assault ( N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine).     Pretrial ... or of an attempt or solicitation to commit such crime.         [ N.J.S.A. 2C:5-2(a).] When the State prosecutes a defendant ... defendant committed an overt act in pursuance of the conspiracy. N.J.S.A. 2C:14-1c, "sexual penetration" can mean vaginal intercourse, fellatio ... to a request. This we hold to be sufficient under N.J.S.A. 2C:14-2a(5)(b).     There was no dispute that ... N.J. 519 , 531-32 (1991).     The Rape Shield Law, N.J.S.A. 2C:14-7, limits the circumstances under which evidence of ... issues, or unwarranted invasion of the privacy of the victim." N.J.S.A. 2C:14-7(a).     Sections (c) and (d) specify ...

docket:	a4887-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

1172 REBEKAH S. ZAKROCKI v. FORD MOTOR COMPANY and FREEHOLD FORD -- rank: 841

... trial on punitive damages. The Punitive Damages Act (the Act), N.J.S.A. 2A:15-5.9 to -.17 ["the Act"], requires that ... a wanton and willful disregard" of the risk in question. N.J.S.A. 2A:15-5.12(a). The standard of proof is ... the conduct or any concealment of it by the defendant. [ N.J.S.A. 2A:15-5.12(b).] The Act requires "'intentional wrongdoing ... As the Act specifies, even gross negligence will not suffice. N.J.S.A. 2A:15-5.12(a). Ford argues that the low ... defendant and to deter that defendant from repeating such conduct." N.J.S.A. 2A:15-5.14(a). The award must be an ... duration of the misconduct and the defendant's "financial condition." N.J.S.A. 2A:15-5.12(c). The jury must determine ...

docket:	a5799-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-29
status:	Published
citation:
Document Size:	118922

1173 State v. Daron Josephs -- rank: 841

... would have rendered defendant ineligible for the death penalty. Under N.J.S.A. 2C:11-3a (Count Four); second-degree aggravated assault of Emil Josephs, in violation of N.J.S.A. 2C:5-2 (Counts Six, Seven, Eight, and Nine, respectively ... of a firearm for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a (Count Ten); and third-degree possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5b (Count Eleven).     In seeking the death penalty ... we turn first, as we must, to the controlling statute. N.J.S.A. 2C:11-3c provides, in pertinent part, that “[a]ny person convicted under [ N.J.S.A. 2C:11-3c (emphasis added). In Gerald , supra , 113 ...

docket:	a-113-99
court:	njsupreme
decided:	2002-07-15
status:
citation:	174 N.J. 44
Document Size:	215536

1174 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.J.D. -- rank: 841

... paramount concern remains the health and safety of the child. N.J.S.A. 30:4C-1(a). Therefore, children must be protected from ... R.G. , supra , 361 N.J. Super. at 67 (quoting N.J.S.A. 30:4C-15.1a). Termination of parental rights "permanently cuts ... N.J. 591 , 604-11 (1986), and later codified in N.J.S.A. 30:4C-15.1a, requires the State to establish each ... or will continue to be endangered by the parental relationship[.]" N.J.S.A. 30:4C-15.1a(1). "The harm shown . . . must be ... s custody and he too needed the Division's protection. N.J.S.A. 9:6-8.8a. Without question, Lela did not affirmatively ... have been compromised if placed in Lela's care. See N.J.S.A. 30:4C-15(c) (requiring proof of the "best ...

docket:	a5896-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-17
status:	published
citation:	428 N.J.Super. 451 54 A.3d 293
Document Size:	99964

1175 IN THE MATTER OF THE ADOPTION OF N.J.A.C. 5:96 AND 5:97 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 841

... Affordable Housing (COAH), adopted under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, which establish the obligations ... obligation to petition COAH for substantive certification of the plan. N.J.S.A. 52:27D-313. If COAH grants substantive certification, the municipality ... of what was previously six and is now ten years. N.J.S.A. 52:27D-313(a). 2 A municipality's participation in ... the FHA's mandates that COAH "[d]etermine housing regions," N.J.S.A. 52:27D-307(a); "[e]stimate the present and prospective ... and moderate income housing at the State and regional levels[,]" N.J.S.A. 52:27D-307(b); and "[a]dopt criteria and guidelines ... fair share of the housing need in a given region," N.J.S.A. 52:27D-307(c)(1), COAH adopted "first round" ...

docket:	a5382-07
court:	superior court appellate division
decided:	2010-10-08
status:	published
citation:	416 N.J.Super. 462 6 A.3d 445
Document Size:	145907

1176 /usr/local/share/www/libweb/collections/courts/supreme/a1467-10.opn.html -- rank: 841

... Richardson (Richardson) and Kenneth Boddie (Boddie) for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a; third-degree possession of a weapon without a permit, N.J.S.A. 2C:39-5b; and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2a. 2 The charges stemmed from the shooting ... first-degree aggravated manslaughter, a lesser-included offense of murder, N.J.S.A. 2C:11-4a, and the related weapons offenses, and not ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 4 The judge merged Boddie' ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79113

1177 ANDREW HOJNOWSKI, et al. v. VANS SKATE PARK -- rank: 841

... In this case, the optional nature of UIM benefits under N.J.S.A. 17:28-1.1b, and the absence of a statute ... the result of statutes such as the Charitable Immunity Act, N.J.S.A. 59:1-1 to 14-4, and the civil immunity ... non-profit and county or municipal recreational sports teams by N.J.S.A. 2A:62A-6 to -6.2, and to trustees, directors, officer and voluntary members of non-profit organizations by N.J.S.A. 2A:53A-7.1.     In a skateboard context, we do ... afforded to certain other commercial enterprises by the provisions of N.J.S.A. 5:13-1 to -11, governing skiing, tobogganing and sledding ... New Jersey Roller Skating Rink Safety and Fair Liability Act, N.J.S.A. 5:14-1 to -7 See footnote 7 ; and ...

docket:	A2028-03
court:	NJ Superior Court Appellate Division
decided:	2005-03-10
status:	published
citation:	375 N.J. Super. 568 868 A.2d 108
Document Size:	124910

1178 SHELLEY PRITCHETT v. STATE OF NEW JERSEY -- rank: 841

... failure to accommodate case under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. After a lengthy trial, a ... leave time allowed by the Family Medical Leave Act (FMLA), N.J.S.A. 34:11B-1 to -16, Velez would include such information ... of the quantum of punitive damages was before the judge. N.J.S.A. 2A:15-5.14(a) provides: Before entering judgment for ... not, the judge must reduce or eliminate the award' (quoting N.J.S.A. 2A:15-5.14(a))). Because the judge's review ... matter jurisdiction to adjudicate plaintiff's forced retirement claims because N.J.S.A. 10:5-12.1 (1) grants exclusive jurisdiction of such ... of subject matter jurisdiction may be raised at any time'). N.J.S.A. 10:5-12.1 concerns 'reinstatement, back pay,' and ...

docket:	a1956-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	135382

1179 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.T. -- rank: 841

... CONSIDER ALTERNATIVES TO TERMINATION OF PARENTAL RIGHTS AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(3). (D) DYFS SHOULD NOT HAVE PREVAILED ON PRONG FOUR OF N.J.S.A. 30:4C-15.1A BECAUSE IT DID NOT PROVE BY ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown under ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong ...

docket:	a4579-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	86847

1180 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 841

... Division took temporary custody of A.J. under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. At the Title ... reunification. The Division filed a guardianship complaint under Title Thirty, N.J.S.A. 30:4C-11 to -15.4. The guardianship trial commenced ... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). Under Title Thirty, the Division must ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). The Division must show that: (1 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two ...

docket:	a3206-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	78915

1181 CARMELA A. CUCCURULLO v. ESMIRA GALINSKY -- rank: 841

... declined Galinsky's request to charge the stop sign statute, N.J.S.A. 39:4-144, because "there was no specific testimony that ... The judge did include a charge as to careless driving, N.J.S.A. 39:4-97, as to both defendant and the phantom ... additional statutory requests were presented including the right turn statute, N.J.S.A. 39:4-123(a). Concerning damages, the judge instructed the ... Defendant first challenges the failure of the judge to charge N.J.S.A. 39:4-144, a stop sign violation, which imposes a ... the trial judge committed plain error in failing to charge N.J.S.A. 39:4-123(b), which required defendant to turn her ... defendant and the phantom vehicle's obligations in accord with N.J.S.A. 39:4-97. The trial judge, in declining the ...

docket:	a0233-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-05
status:	unpublished
citation:
Document Size:	112698

1182 Planned Parenthood of Central New Jersey v. John J. Farmer, Jr. -- rank: 841

... to a State statute, the Parental Notification for Abortion Act ( N.J.S.A. 9:17A-1.1 to -1.12), that conditions a ... surgical care [otherwise] related to her pregnancy or her child.” N.J.S.A. 9:17A-1.2. We decide today that the classification ... is desirable and in the best interests of the minor. [ N.J.S.A. 9:17A-1.2.]     Toward those ends, the Act requires ... this act” before performing an abortion on “an unemancipated minor,” N.J.S.A. 9:17A-1.5. Notice is also not required if ... that the abortion is necessary due to a medical emergency.” N.J.S.A. 9:17A-1.6. Alternatively, when that finding cannot be ... petition or motion with a judge of the Superior Court. N.J.S.A. 9:17A-1.10.     The Act also requires the ...

docket:	a-52-99
court:	njsupreme
decided:	2000-08-15
status:
citation:	165 N.J. 609
Document Size:	135577

1183 STATE OF NEW JERSEY v. LAURA MORAN -- rank: 841

... appeal calls into question the continued viability and constitutionality of N.J.S.A. 39:5-31, which provides: The director or any magistrate ... Defendant was found guilty in municipal court of reckless driving, N.J.S.A. 39:4-96. In addition to a fine and costs ... a forty-five day driver's license suspension pursuant to N.J.S.A. 39:5-31. Upon de novo review, s ee R ... her reckless driving conviction and also challenged the constitutionality of N.J.S.A. 39:5-31. The Law Division judge found no constitutional ... driver's license suspension should be vacated. She urges that N.J.S.A. 39:5-31 is antiquated and should be given no ... endanger, or be likely to endanger, a person or property." N.J.S.A. 39:4-96. The offense does not require actual ...

docket:	a3810-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-28
status:	published
citation:	408 N.J. Super. 412 975 A.2d 480
Document Size:	86487

1184 WENDE BAER, et al. v. LEO KLAGHOLZ, Commissioner, Department of Education, et al. -- rank: 841

... in the federal program. As such, it has enacted legislation, N.J.S.A. 18A:46-1 to -46, and regulations, N.J.A ...

docket:	a7451-97
court:	njappellate
decided:	2001-04-04
status:	published
citation:	339 N.J. Super. 168
Document Size:	129143

1185 FREDERIC J. SA v. DIRECTOR -- rank: 841

... income tax (“GIT”) as workmen’s compensation pursuant to N.J.S.A. 54A:6-6. Defendant (“Director”) maintains that the exclusion ... Service Connected Sickness, Injury or Disability Leave 1. Pursuant to N.J.S.A. 40A:9-7, employees covered under this [CBA] will be ... police officers and firefighters, it provides as follows: Pursuant to N.J.S.A. 40A:9-7, employees covered under [the CBA] will be ... A.C. 18:35-2.3 in April 1998) interprets N.J.S.A. 54A:6-6(c), which provision excludes from the GIT ... ” pursuant to the Sick Leave Injury (SLI) program, “N.J.S.A. 4A:6-1.6,” 6 and were thus not ... payments under the SLI program were taxable wage income under N.J.S.A. 54A:5-1(a) when received by “[e] ...

docket:	00047-11
court:	NJ Tax Court
decided:	2012-06-29
status:	Published
citation:
Document Size:	73130