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1291 LORRAINE DAVID v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al. -- rank: 839

... Id. at 437.     In Knox , we noted the application of N.J.S.A. 39:6A-1 to 6A-35, . . . requires every automobile liability ... v. Vasquez , 109 N.J. 258 , 261 (1988); see also N.J.S.A. 39:6A-5. In pertinent part, N.J.S.A. 39:6A-9.1 provides as follows:                  An insurer . . . paying ... o.b. , 72 N.J. 348 (1977) (deciding claim under N.J.S.A. 39:6A-9.1, was adopted to supersede, "at least ... the right to reimbursement created by the earlier statute of N.J.S.A. 39:6A-9 lapsed, a PIP carrier no longer could ... on which the parties have submitted supplemental briefs, is whether N.J.S.A. 39:6A-9.1 applies to a case such ...

docket:	A1983-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-08
status:	published
citation:	360 N.J. Super. 127 821 A.2d 564
Document Size:	60735

1292 STATE OF NEW JERSEY v. ROBERT A. DAVIES -- rank: 839

... A jury found defendant guilty of second-degree reckless manslaughter, N.J.S.A. 2C:11-4b(1); third-degree possession of a weapon ... instructed the jury was the unlawful purpose of killing Ritch, N.J.S.A. 2C:39-4d; and fourth-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7a. The grand jurors had also charged defendant with murder, N.J.S.A. 2C:11-3a-b; aggravated manslaughter, N.J.S.A. 2C:11-4a(1); passion/provocation manslaughter, N.J.S.A. 2C:11-4b(2); and possessing a knife under ...

docket:	a5986-10
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	86834

1293 STATE v. JANET GELMAN -- rank: 839

... prostitution to a fourth-degree crime under the current statute, N.J.S.A. 2C:34-1(c)(4). In reaching that conclusion, the court analyzed the grading provision of N.J.S.A. 2C:34-1(c)(4), which provides that “engag[ing] in prostitution,” N.J.S.A. 2C:34-1(b)(1) , is “a disorderly persons ... an offense constitutes a crime of the fourth degree,” N.J.S.A. 2C:34-1(c)(4) (emphasis added). Finding that the ... defendant’s motion for leave to appeal. HELD: The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant ... Defendant and the State both have plausible interpretive claims on N.J.S.A. 2C:34-1(c)(4). Defendant argues, relying in ...

docket:	a-42-07
court:
decided:	2008-07-08
status:
citation:	195 N.J. 475
Document Size:	80407

1294 In Re Declaratory Judgment Actions Filed By Various Municipalities, County Of Ocean, Pursuant To The Supreme Court Decision In In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) -- 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:	82843

1295 Michael Battaglia v. United Parcel Service, Inc. -- rank: 839

... addresses various complaints arising under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, and determines: (1) whether actual ... that his demotion violated the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, because it was in retaliation ... contended that the demotion violated the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, because it was in retaliation ... CEPA after the time of the events in dispute. See N.J.S.A. 34:19-3(c)(2) (adding that fraud includes â ... there had been discrimination as defined by the LAD. See N.J.S.A. 10:5-12(d). Furthermore, to the extent that ...

docket:	a-86-11
court:	NJ Supreme Court
decided:	2013-07-17
status:
citation:
Document Size:	134984

1296 /usr/local/share/www/libweb/collections/courts/supreme/a0037-15.opn.html -- rank: 839

... Eleanor Vo, M.D., lacked the enhanced credentials required by N.J.S.A. 2A:53A-41 to provide expert testimony regarding Dr. Dickes ... prescribe medications, diagnose psychiatric illnesses, and provide therapy, pursuant to N.J.S.A. 45:11-49(a); however, this statutory provision requires her ... patients' files periodically and comment on the care she provides. N.J.S.A. 45:11-49(c). Beginning in 2005, Dr. Dickes served ... of . . . Consumer Affairs, Board of Nursing Law, under the heading [ N.J.S.A. ] "45:11-49 permitted duties of advance practice nurse," Dr ... for a waiver of the specialty requirement, as permitted by N.J.S.A. 2A:53A-41(c), in the event the court found ... n , 371 N.J. Super. 189 , 197 (App. Div. 2004). N.J.S.A. 2A:53A-27 requires that if a plaintiff alleges ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92954

1297 STATE OF NEW JERSEY v. ALEXANDER ALFARO -- rank: 839

... critical states of the proceeding against him. Id. at 178; N.J.S.A. 2A:4A-39(a). Baskerville and Alfaro argue that the ... 177. Rather, the Court confined its analysis to a statute, N.J.S.A. 2A:4A-39(a), adopted in 1982, effective December 31, 1983, as part of the Code of Juvenile Justice , N.J.S.A. 2A:4A-20 to -49. The Legislature adopted the Code ...

docket:	a4410-09
court:	superior court appellate division
decided:	2010-10-19
status:	unpublished
citation:
Document Size:	85079

1298 CATIC TITLE INSURANCE COMPANY v. FRANK J. COZZARELLI -- rank: 839

... six- year statute of limitations for contractual claims embodied in N.J.S.A. 2A:14-1. Instead, the judge concluded that the twenty ... year statute of limitations for real estate actions codified in N.J.S.A. 2A:14-7 applied. Judge Paganelli reasoned, A mortgage is ... of mortgages effecting the real estate, would be governed by N.J.S.A. 2A:14-7. The judge continued, Moreover, the purpose of ... and Cozzarelli's claim that the transactions were violative of N.J.S.A. 46:3-17.4 and N.J.S.A. 3B:28-3. After analyzing the statutes, the judge pointed ... retained a statutory joint possession interest in the property under N.J.S.A. 3B:28-3(a). According to the judge, after ...

docket:	a2620-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	52928

1299 State v. Davon M. Johnson -- rank: 839

... dangerous substance (CDS) within 1000 feet of a school zone, N.J.S.A. 2C:35-7(a). Both the presumption against PTI for ... charged with motor vehicle and CDS offenses, including violation of N.J.S.A. 2C:35-7(a). He applied for PTI and included ... J. 28, 43 (1999), which permitted prosecutors to treat an N.J.S.A. 2C:35-7 offense as a second-degree offense, thereby ... 233 N.J. 23 (2018). HELD: The 2009 amendments to N.J.S.A. 2C:35-7’s sentencing structure reflect a more flexible ... against PTI for second-degree offenders cannot be applied to N.J.S.A. 2C:35- 7(a) offenders. And the presumption against PTI ... factors to be considered in addition to those enumerated in N.J.S.A. 2C:43-12(e). Of particular relevance here, Guideline ...

docket:	a-58-17
court:	NJ Supreme Court
decided:	2019-05-30
status:
citation:	238 N.J. 119 207 A.3d 1277
Document Size:	38135

1300 STATE OF NEW JERSEY v. ERIC E. POTTER -- rank: 839

... conviction for third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count one); second-degree possession ... one-half ounce or more with the intent to distribute, N.J.S.A. 2C:35-5(b)(2) (count two); and third-degree ... the intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7 (count three). We affirm. I. We discern ... The State moved for a mandatory extended term, pursuant to N.J.S.A. 2C:43-6(f), based on Potter's previous conviction ... seven-and-one-half years of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f). He explained his reasons for the ... State v. Dalziel , 182 N.J. 494 , 504-05 (2005)). N.J.S.A. 2C:43-6(f) requires, on motion by the ...

docket:	a1175-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	81177

1301 IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC -- rank: 839

... The Applicable Legislation. The Compassionate Use of Medical Marijuana Act, N.J.S.A. 24:6I-1 to -30, which was enacted on January ... penalties in New Jersey for possessing marijuana for medical purposes. N.J.S.A. 24:6I-2(e).1 To qualify, a patient must ... conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. The Compassionate Use Act also protects those ... process, and dispense marijuana pursuant to the statute's terms, N.J.S.A. 24:6I- 7, and charges the Department with implementing the State's Medicinal Marijuana Program (the Program), N.J.S.A. 24:6I-3. See Natural Med., Inc. v. N.J ... issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I- ...

docket:	a2204-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Published
citation:
Document Size:	125791

1302 STATE OF NEW JERSEY v. RONALD CALLAWAY STATE OF NEW JERSEY v. DAVID K. CALLAWAY STATE OF NEW JERSEY v. FLOYD TALLY -- 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:	a2739-50
court:	New Jersey Superior Court Appellate Division
decided:	2012-09-27
status:	Published
citation:
Document Size:	120055

1303 State v. Derrick Harris, Sr. -- rank: 839

... admissible to test their credibility. That law, which later became N.J.S.A. 2A:81-12 and the framework for N.J.R ... of the Court. Defendant was indicted for second-degree robbery, N.J.S.A. 2C:15-1, and second-degree burglary, N.J.S.A. 2C:18-2. Defendant’s first trial, at which he ... prison for the robbery conviction, subject to the provisions of N.J.S.A. 2C:43-7.2, the No Early Release Act, and ... counts of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1), under two separate indictments. For ... noted at the Sands hearing were four convictions for shoplifting, N.J.S.A. 2C:20-11(b)(1), entered on the following ...

docket:	A-103-10
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 431 38 A.3d 559
Document Size:	91006

1304 STATE OF NEW JERSEY V. CRAIG SZEMPLE -- rank: 839

... the marital communications privilege, Evidence Rule 28, See footnote 1 N.J.S.A. 2A:84A-23. If the clergyperson or the penitent, alone ... result." Ibid. III     The marital-communications privilege, Evidence Rule 28, N.J.S.A. 2A:84A-22, prevents disclosure by a spouse of confidential ... referred to as the priest-penitent privilege, Evidence Rule 29, N.J.S.A. 2A:84A-23, provides:         Subject to Rule 37, a clergyman ... June 20, l947, L. l947, c. 324, the Legislature enacted N.J.S.A. 2A:8l-9, which provided:         A clergyman, or other minister ... advised against the adoption of the Uniform Rule, recommending that N.J.S.A. 2A:8l-9 be adopted verbatim as the rule. Ibid ... Court.     Based on the Jacobs Committee Report , the Legislature retained N.J.S.A. 2A:8l-9. Following the issuance of the Jacobs ...

docket:	a-25-93
court:	njsupreme
decided:	1994-05-12
status:
citation:	135 N.J. 406
Document Size:	100253

1305 STATE OF NEW JERSEY v. RONALD 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:	a2739-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-09-27
status:	unpublished
citation:
Document Size:	122267