Search Rutgers Law Library N.J. Court Opinions

121 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

122 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

123 State v. Franklin Camacho -- rank: 846

... than property. The issue is significant because the Graves Act, N.J.S.A. 2C:43-6c, provides that a person who has been convicted under N.J.S.A. 2C:39-4a of possession of a firearm with intent ... use it against the person of another, in violation of N.J.S.A. 2C:39-4a. Prior to trial, the State moved to ... the person or property of another. By its express terms, N.J.S.A. 2C:39-4a makes it a crime to possess a ... plead guilty to fourth degree aggravated assault in violation of N.J.S.A. 2C:39-4a would be subject to a minimum term ... property distinction into an element of the substantive offense under N.J.S.A. 2C:39-4a. But the distinction is not included ...

docket:	a-41-97
court:	njsupreme
decided:	1998-03-25
status:
citation:	153 N.J. 54
Document Size:	80597

124 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

125 State of New Jersey v. Gene Hinton -- rank: 846

... and the court issued a warrant of removal pursuant to N.J.S.A. 2A:18-57. The warrant directed a court officer to ... may be removed by the landlord, subject to applicable law ( N.J.S.A. 2A:18-72 et seq.).” The warrant of removal ... for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(2), third-degree possession of CDS ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, and second-degree possession of CDS with ... 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1. He unsuccessfully sought admission into ...

docket:	A-3-12
court:	NJ Supreme Court
decided:	2013-10-24
status:
citation:
Document Size:	138006

126 State v. Danyell Fuqua -- rank: 846

... actual harm to a child to convict a defendant under N.J.S.A. 2C:24-4(a), endangering the welfare of children. In ... convicted defendant of endangering the welfare of children, contrary to N.J.S.A. 2C:24-4(a). The trial court denied defendant’s ... need not prove actual harm to children to convict under N.J.S.A. 2C:24-4(a). The Appellate Division affirmed, and the ... court and Appellate Division correctly determined that a conviction under N.J.S.A. 2C:24-4(a) can be sustained by exposing children to a substantial risk of harm. 1. N.J.S.A. 2C:24-4(a)(2) provides, in pertinent part: â ... the child an abused or neglected child as defined in [ N.J.S.A.] 9:6-1, [ N.J.S.A.] 9:6- ...

docket:	a_4_17
court:	NJ Supreme Court
decided:	2018-08-09
status:
citation:
Document Size:	73525

127 State v. J.A.C. -- rank: 846

... is required to apply New Jersey’s Rape Shield Law, N.J.S.A. 2C:14-7 to a case in which defendant contended ... trial court found that the instant messages were protected by N.J.S.A. 2C:14-7, and permitted them to be used at ... A.’s instant messages constituted “sexual conduct” under N.J.S.A. 2C:14-7(f), regardless of whether the activity to ... this case constitutes “sexual conduct” within the meaning of N.J.S.A. 2C:14-7(f), and that content is therefore protected ... victim’s messages is substantially outweighed by its prejudice. 1. N.J.S.A. 2C:14-7 serves “to protect the privacy interests ... victims of sexual abuse. A series of amendments progressively strengthening N.J.S.A. 2C:14-7 clearly demonstrates the Legislature’s policy ...

docket:	A-102-10
court:	NJ Supreme Court
decided:	2012-06-14
status:
citation:
Document Size:	102943

128 William DeSimone v. Springpoint Senior Living, Inc. -- rank: 846

... Court. The Court considers whether the refund provision contained in N.J.S.A. 56:8- 2.11 provides relief for all violations of ... limited solely to the food-related misrepresentations expressly proscribed in N.J.S.A. 56:8-2.9, which codified another section of the ... received or collected from” them by Springpoint. Plaintiffs relied on N.J.S.A. 56:8-2.11 in seeking that relief. Springpoint moved to dismiss, arguing that N.J.S.A. 56:8-2.11 applies only to misrepresentations regarding food ... 457 (2023). HELD: The refund provision is limited in scope: N.J.S.A. 56:8-2.11 provides relief only to victims of ... ” plaintiffs are not entitled to a full refund under N.J.S.A. 56:8-2.11. 1. From its enactment in ...

docket:	a-37-22
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:
citation:
Document Size:	51997

129 Campione v. Adamar of New Jersey, Inc. -- rank: 846

... hands at once, or both.     Neither the Casino Control Act, N.J.S.A. 5:12-1 to -142 (Act), nor the CCC prohibits ... to its approval, casinos to adopt "Section 99 internal controls." N.J.S.A. 5:12-99.     To identify card counters, TropWorld employed a ... the Atlantic City Municipal Court charging plaintiff with disorderly conduct, N.J.S.A. 2C:18-3, "by remaining in the casino complex after ... One year later, the Legislature enacted the Casino Control Act. N.J.S.A. 5:12-1 to 152. The Act legalizes casino gambling ... and integrity of the regulatory process and of casino operations." N.J.S.A. 5:12-63, and the DGE conducts investigations and prosecutions, N.J.S.A. 5:12-76. State, Dep't Law & Public Safety ...

docket:	a-125-97
court:	njsupreme
decided:	1998-07-22
status:
citation:	155 N.J. 245
Document Size:	69731

130 State of New Jersey in the Interest of A.D. -- rank: 846

... were listed among offenses set forth in the waiver statute, N.J.S.A. 2A:4A-26, the State asked the trial court to ... determination that defendants can be tried as adults, pursuant to N.J.S.A. 2A:4A-26, is affirmed. 1. On motion of the prosecutor, N.J.S.A. 2A:4A-26 authorizes waiver of family court jurisdiction over ... one of a list of serious crimes set forth in N.J.S.A. 2A:4A-26. Pursuant to a 2000 amendment to the ... The Legislature did not define probable cause for waiver in N.J.S.A. 2A:4A-26. Because N.J.S.A. 1:1-1 provides that undefined statutory terms shall ...

docket:	A-122-10
court:	NJ Supreme Court
decided:	2012-09-20
status:
citation:	212 N.J. 200 52 A.3d 1024
Document Size:	115386

131 State in the Interest of D.M., a Juvenile -- rank: 846

... for endangering the welfare of a child in violation of N.J.S.A. 2C:24-4(a)(1) when the juvenile and his ... adult, would constitute first-degree aggravated sexual assault contrary to N.J.S.A. 2C:14- 2(a)(1). At trial, the State had ... lesser-related offense. In order to establish a violation of N.J.S.A. 2C:24- 4(a)(1), the State had the burden ... impair the morals of a child” within the meaning of N.J.S.A. 2C:24-4(a)(1), and adjudicated D.M. delinquent ... difference required for a delinquency finding of sexual assault” under N.J.S.A. 2C:14-2(b). 451 N.J. Super. 415, 423 ... or debauch the morals of the child, was undefined in N.J.S.A. 2C:24-4(a)(1). Id. at 426. It ...

docket:	a-30-17
court:	NJ Supreme Court
decided:	2019-05-14
status:
citation:	238 N.J. 2 207 A.3d 250
Document Size:	75921

132 State v. Boyce Singleton, Jr. -- rank: 846

... a result of a deific command. 1. In New Jersey, N.J.S.A. 2C:4-1 sets forth the test for legal insanity ... insanity enshrined in the Code of Criminal Justice (Code). See N.J.S.A . 2C:4-1. As our Model Jury Charge illuminates for ... ” C. Trial Defendant was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); second-degree possession of a weapon (handgun) for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d); third-degree unlawful possession of a weapon (handgun), N.J.S.A. 2C:39-5(b); third-degree hindering apprehension, N. ...

docket:	A-124-10
court:	NJ Supreme Court
decided:	2012-07-30
status:
citation:	211 N.J. 157 48 A.3d 285
Document Size:	164622

133 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. 229 966 A.2d 102
Document Size:	136626

134 State v. John Chew -- rank: 846

... in expectation of the receipt of anything of pecuniary value.” N.J.S.A. 2C:11-3c(4)(d).     Defendant moved to dismiss the ... in expectation of the receipt of anything of pecuniary value. N.J.S.A. 2C:39-4d.     The penalty-phase trial took place between ...

docket:	a-77-96
court:	njsupreme
decided:	1997-06-26
status:
citation:	150 N.J. 30
Document Size:	180074

135 Farmers Mut. Fire Ins. Co. of Salem v. N.J. Property-Liability Ins. Guar. Ass’n -- rank: 846

... the first property and $25,958.39 for the second. N.J.S.A. 17:30A-1 to -20. In 2009, Farmers Mutual filed ... finding that the Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11, provided Farmers Mutual with a right ... PLIGA Act, the panel found that a 2004 amendment to N.J.S.A. 17:30A-5 requires exhaustion of benefits from solvent insurers ... on the effect of the 2004 PLIGA Act amendment to N.J.S.A. 17:30A-5 on New Jersey’s common-law jurisprudence ... Jersey Surplus Lines Insurance Guaranty Fund Act (Guaranty Fund Act), N.J.S.A. 17:22-6.70 to -6.83, the Appellate Division ... insurers’ claims is limited. The conservation objective is evident in N.J.S.A. 17:30A-12b, which requires a claimant to exhaust ...

docket:	A-42-11
court:	NJ Supreme Court
decided:	2013-09-24
status:
citation:	215 N.J. 522 74 A.3d 860
Document Size:	104040