Search Rutgers Law Library N.J. Court Opinions

1201 State of New Jersey v. Eduardo McLaughlin -- rank: 839

... Serrano and Pablo with first-degree murder, in violation of N.J.S.A. 2C:11-3(a)(1) and (2); first-degree felony murder, in violation of N.J.S.A. 2C:11-3(a)(3); first-degree robbery, in violation of N.J.S.A. 2C:15-1; second-degree aggravated arson, in violation of N.J.S.A. 2C:17-1(a)(2); second-degree burglary, in violation of N.J.S.A. 2C:18-2; two counts of third-degree hindering apprehension or prosecution, in violation of N.J.S.A. 2C:29-3(a)(3) and (1), respectively; and ...

docket:	a-68-09
court:	superior court trial
decided:	2011-03-03
status:
citation:	205 N.J. 185 14 A.3d 720
Document Size:	110725

1202 STATE V. PATRICK BALL -- rank: 839

... business of the enterprise "through a pattern of racketeering activity." N.J.S.A. 2C:41-2d. Defendants were prosecuted and convicted under those ... adopted the New Jersey Racketeer Influenced and Corrupt Organizations Act, N.J.S.A. 2C:41-1 to -6.2, in 1981. Convictions in this case were based on violations of N.J.S.A. 2C:41-2d, and of racketeering, contrary to N.J.S.A. 2C:41-2c. It also found them both guilty of bribery, in violation of N.J.S.A. 2C:27-2c and -2d and N.J.S.A. 2C:21-1 and N.J.S.A. 2C: ...

docket:	a-17-94
court:	njsupreme
decided:	1995-07-20
status:
citation:	141 N.J. 142
Document Size:	109832

1203 New Jersey Dep't of Envtl. Prot. v. Ofra Dimant -- rank: 839

... and Sue’s discharge during its operation. 1. Pursuant to N.J.S.A. 58:10-23.11b, a “discharge” occurs when a ... State as a result of any discharge of” hazardous substances. N.J.S.A. 58:10-23.11a. One who is “in any ... cleanup and removal costs no matter by whom incurred.” N.J.S.A. 58:10-23.11g(c)(1). The phrase “in ... discharge occurred which was the responsibility of the discharger.” N.J.S.A. 58:10-23.11q. Legislative history reveals an intent to ... to resort businesses and other persons damaged by such discharges . . . . [ N.J.S.A. 58:10-23.11a.] The Legislature directed that the Act “be liberally construed to effect its purposes,” N.J.S.A. 58:10-23.11x, which include protection of the ...

docket:	A-2-11
court:	New Jersey Supreme Court
decided:	2012-09-26
status:
citation:	212 N.J. 153 51 A.3d 816
Document Size:	114067

1204 STATE OF NEW JERSEY v. DAVID K. CALLAWAY -- rank: 839

... and Floyd Tally guilty of these third degree offenses: conspiracy, N.J.S.A. 2C:5-2 (Counts One and Five); criminal coercion, N.J.S.A. 2C:13-5 (Count Two); and invasion of privacy, N.J.S.A. 2C:14-9c (Count Seven). In addition, Ronald Callaway and ... guilty of another third degree offense: invasion of privacy offense, N.J.S.A. 2C:14-9b. David Callaway was sentenced to an aggregate ... REGARDING THE DEFENSES OF EXECUTION OF PUBLIC DUTY PURSUANT TO N.J.S.A. 2C:3-3 AND MISTAKE OF FACT OR LAW PURSUANT TO N.J.S.A. 2C:2-4. POINT III : THE TRIAL COURT FAILED ...

docket:	a5087-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-09-27
status:	Published
citation:
Document Size:	118166

1205 STATE OF NEW JERSEY V. EDMUND J. DAMIANO -- rank: 839

... theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9, and thirteen related counts of third-degree misapplication of entrusted property by a fiduciary, N.J.S.A. 2C:21-15. He was also charged and convicted of five counts of third-degree theft by deception, N.J.S.A. 2C:20-4, and five related fourth-degree counts of ... business practice of making a false or misleading written statement, N.J.S.A. 2C:21-7h. In addition, pursuant to N.J.S.A. 2C:20-4 and 2C:20-9, and, pursuant to N.J.S.A. 2C:21-15. The remaining six convictions all arose ...

docket:	a5116-96
court:	njappellate
decided:	1999-06-09
status:	published
citation:	322 N.J.Super. 22
Document Size:	72143

1206 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 839

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... use reasonable efforts to prevent placement of the children under N.J.S.A. 30:4C-11.3, and, further, that their due process ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Although the court, upon ... seeking a finding of aggravated circumstances against them pursuant to N.J.S.A. 30:4C-11.3(a), thereby relieving the agency, ...

docket:	a5896-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-09
status:	Published
citation:
Document Size:	122037

1207 STATE OF NEW JERSEY v. TOMAS C. LLOYD-JONES -- rank: 839

... — fourth-degree possession of over fifty grams of marijuana, N.J.S.A. 2C:35-10(a)(3); Count Two — third-degree ... one ounce of more of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(11); Count Three � ... second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); and Count Four — second-degree possession of a firearm while committing a violation of N.J.S.A. 2C:35-5, N.J.S.A. 2C:39-4.1(a). The jury convicted Lloyd-Jones ... constructive possession, by giving the Model Jury Charge (Criminal) , "Possession ( N.J.S.A. 2C:2-1(c))" (2005). Nonetheless, after the court ...

docket:	a3089-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	69421

1208 STATE OF NEW JERSEY v. FRED NEULANDER -- rank: 839

... Cherry Hill, of capital murder of his wife, Carol Neulander, N.J.S.A. 2C:5-2. On November 22, 2002, the jury was ...

docket:	a3616-02
court:	njappellate
decided:	2006-12-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	170683

1209 STATE OF NEW JERSEY IN THE INTEREST OF A.R., a minor -- rank: 839

... committed by an adult, would constitute second-degree sexual assault, N.J.S.A. 2C:14-2(b). The State moved to admit J ... involves collaboration among all three branches of government." Ibid. (citing N.J.S.A. 2A:84A-33 to -45). Having acknowledged the other branches ...

docket:	a2238-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	published
citation:	447 N.J.Super. 485 149 A.3d 297
Document Size:	121747

1210 STATE OF NEW JERSEY v. BRIAN E. KILLION -- rank: 839

... parole disqualification provision of the No Early Release Act ( NERA ), N.J.S.A. 2C:43-7.2. Defendant appeals both the convictions and ... merger: first-degree aggravated sexual assault of Noah in 2010, N.J.S.A. 2C:14-2(a) (count one); second-degree endangering the welfare of Noah in 2010, N.J.S.A. 2C:24-4 (count three); second-degree sexual assault of Ethan in 2010, N.J.S.A. 2C:14-2(b) (count four); second-degree endangering the welfare of Ethan in 2010, N.J.S.A. 2C:24-4 (count five); second-degree sexual assault of Noah from 2009 to 2010, N.J.S.A. 2C:14-2(b) (count six); third-degree showing ...

docket:	a5025-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-26
status:	unpublished
citation:
Document Size:	84282

1211 STATE OF NEW JERSEY v. LUIS A. MASSA -- rank: 839

... vaginal intercourse' by a person with supervisory or disciplinary power, N.J.S.A. 2C:14-2(a)(2)(b) (count one); second-degree ... sexual assault involving 'vaginal intercourse' by physical force or coercion, N.J.S.A. 2C:14-2(c)(1) (count two); and second-degree ... duty or an assumed responsibility to care for the child, N.J.S.A. 2C:24-4(a) (count three). 3 These counts included ... assault against a child at least thirteen but under sixteen, N.J.S.A. 2C:14-2(a)(2)(b), by a person with ... count six); third-degree aggravated criminal sexual contact involving fondling, N.J.S.A. 2C:14-3(a) (count seven); and second-degree endangering ... duty or an assumed responsibility to care for the child, N.J.S.A. 2C:24-4(a) (count eight). 4 These counts ...

docket:	a2362-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-04
status:	Unpublished
citation:
Document Size:	74973

1212 STATE OF NEW JERSEY VS. MARY MELLODY -- rank: 839

... transported to the police station. She was charged with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4- 97, and failure to comply with the direction of a police officer, N.J.S.A. 39:4- - 57. A. MUNICIPAL COURT PROCEEDINGS On December 9 ...

docket:	a1087-22
court:	appellate
decided:	2024-07-02
status:	Published
citation:
Document Size:	71196

1213 InRe Declaratory Judgment Actions Filed By Various Municipalities, County Of Ocean, Pursuant To The Supreme Court’s Decision In In re -- rank: 839

... codified that constitutional obligation, enacting the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, and creating COAH to facilitate ... form of present-need analysis under the Fair Housing Act, N.J.S.A. 52:27D-301 to -329 (FHA) -- redefined to include a ... promulgation of procedural and substantive rules for successive housing cycles. N.J.S.A. 52:27D-307, -308. COAH adopted rules to govern its ... viewed as limited to the years 2015 to 2025. See N.J.S.A. 52:27D-307(c)(1) (defining housing cycles as ten ... are subject to the FHA’s 1000-unit cap, see N.J.S.A. 52:27D-307(e), and that the municipalities may elect ... a region or a municipality” within the next housing cycle. N.J.S.A. 52:27D-304(j). By that definition, prospective need ...

docket:	A-1-16
court:	NJ Supreme Court
decided:	2017-01-18
status:
citation:	227 N.J. 508 152 A.3d 915
Document Size:	82477

1214 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 839

... developments" as defined in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, which the parties agree may ... applications for planned developments as defined in the MLUL, see N.J.S.A. 40:55D-6 (defining planned developments), or to make payments ... states that "[s]eparate and apart from the provisions of N.J.S.A. 40:55D-42[ 2 ], as a condition of subdivision or ... advance the statute's underlying goals, which are enumerated in N.J.S.A. 40:55D-2. Id. at 349-50. Those goals, as ... design and layout of . . . recreational development to the particular site . . . . [ N.J.S.A. 40:55D-2.] Zoning ordinances enacted pursuant to these principles ... development, residential cluster, planned commercial development or planned industrial development." N.J.S.A. 40:55D-6. Zoning ordinances may "[p]rovide districts ...

docket:	A5805-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-23
status:	Published
citation:	401 N.J. Super. 152 949 A.2d 312
Document Size:	57363

1215 APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE -- rank: 839

... we are called upon to interpret the following statutory provision, N.J.S.A. 17:32-20 ('Section 20'), which the Legislature enacted in 1968 as part of the Non-Admitted Insurers Act, N.J.S.A. 17:32-16 to -22: A-0653-20 2 Whenever ... insurer in any other manner now or hereafter deemed lawful. [ N.J.S.A. 17:32-20 (emphasis added).] In this matter, four related ... is a term of art under the insurance laws. See N.J.S.A. 17:32-16. Briefly stated, the term refers to whether ... as an insurance producer 3 in New Jersey pursuant to N.J.S.A. 17:22A-34. Lastly, appellant Continental Indemnity Company ('Continental'), is ... licensed in New Jersey to sell, solicit, or negotiate insurance. N.J.S.A. 17:22A-28. An insurance 'producer' is distinct from ...

docket:	a0653-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-27
status:	Published
citation:
Document Size:	64705