Search Rutgers Law Library N.J. Court Opinions

136 State v. Michelle Lodzinski -- rank: 846

... jury indicted defendant of first-degree murder in violation of N.J.S.A. 2C:11-3(a)(1) and (a)(2). Defendant was ... In addition to the charged offense of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (a)(2), the trial ... regarding the lesser included offenses of first-degree aggravated manslaughter, N.J.S.A. 2C:11- 4(a)(1), and second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1). 19 2. On the third ... guilty of first-degree purposeful or knowing murder contrary to N.J.S.A. 2C:11-3(a)(1) and (a)(2). 3. Defendant ... of Timmy’s purposeful or knowing 32 murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (a)(2). Under ...

docket:	a-50-19
court:	NJ Supreme Court
decided:	2021-05-26
status:
citation:
Document Size:	166357

137 David Spade v. Select Comfort Corp. -- rank: 846

... the Truth-in- Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. The plaintiffs in both actions ... General under the authority of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -210, address the content of contracts ... or responsibility of a seller” for purposes of the TCCWNA. N.J.S.A. 56:12-15. (2) A consumer who receives a contract ... “aggrieved consumer” entitled to a remedy under the TCCWNA. N.J.S.A. 56:12-17. 1 1. The TCCWNA is intended � ... and that the plaintiff is an “aggrieved consumer.” N.J.S.A. 56:12-15, -17. (pp. 13-15) 2. The Third ... a regulation cannot be the basis for a claim under N.J.S.A. 56:12-15. Moreover, accepting regulations as a source ...

docket:	a_57_16
court:	NJ Supreme Court
decided:	2018-04-16
status:
citation:
Document Size:	62132

138 Mehlman v. Mobil Oil Corporation -- rank: 846

... by this appeal is whether the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (�CEPA�), a �whistleblower statute,� protects ... by this appeal is whether the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (CEPA), protects an employee from ... him in violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 19-1 to -8. After a ten-day trial, a ... reasonably believed Mobil had violated, as required by CEPA. See N.J.S.A. 34:19-8. 291 N.J. Super. 98 , 137-38 ... of public policy concerning the public health, safety or welfare.� N.J.S.A. 34:19-3c(3). In granting Mobil's motion for ... public health, safety or welfare or protection of the environment. [ N.J.S.A 34:19-3.] ����We decline to read CEPA so ...

docket:	a-5-97
court:	njsupreme
decided:	1998-03-26
status:
citation:	153 N.J. 163
Document Size:	115207

139 State v. Brian WakefieldRIVERA-SOTO, J., writing for the Court.Brian Wakefield pled guilty to two counts of capital murder.In this appeal,Wakefield raises fourteen assignments of error in respect of the penalty phase trialthat resulted in his death senten -- rank: 846

... purposeful murder by one�s own conduct, in violation of N.J.S.A. 2C:11-3c, at defendant�s arraignment the State served ... factors proven outweighed all of the mitigating factors presented. See N.J.S.A. 2C:44-1a and b (enumerating aggravating and mitigating factors ... of several statutorily defined penalties and assessments. As provided by N.J.S.A. 2C:11-3e and R ule 2:-1(a)(3 ...

docket:	a-37-04
court:	njsupreme
decided:	2007-05-07
status:
citation:	190 N.J. 397
Document Size:	487750

140 /usr/local/share/www/libweb/collections/courts/supreme/a_63_64_65_16.opn.html -- rank: 846

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	83125

141 /usr/local/share/www/libweb/collections/courts/appellate/a-60-20.opn.html -- rank: 846

... Defendant argued that because the Legislature had not yet amended N.J.S.A. 2A:84A-22 to adopt the crime-fraud exception to ... misconduct convictions. 2 1. The marital communications privilege, codified in N.J.S.A. 2A:84A-22 and N.J.R.E. 509, prevents ... and her husband exchanged the text messages at issue here, N.J.S.A. 2A:84A-22 and N.J.R.E. 509 did ... 20-23) 2. On November 9, 2015, the Legislature amended N.J.S.A. 2A:84A-22 to create a crime-fraud exception to ... or civil union partner.” N.J.R.E. 509; N.J.S.A. 2A:84A-22(1). On July 22, 2014, this Court ... 229-30 (2014). Effective November 9, 2015, the Legislature amended N.J.S.A. 2A:84A-22 to provide that no marital privilege ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	77392

142 STATE OF NEW JERSEY V. ANTHONY DIFRISCO -- rank: 846

... State noted three aggravating factors: "outrageously or wantonly vile" murder, N.J.S.A. 2C:ll-3c(4)(c); murder for hire, N.J.S.A. 2C:ll-3c(4)(d); and murder to escape the detection of another crime, N.J.S.A. 2C:ll-3c(4)(f). On January ll, l988, defendant ... your intention to kill him at that time?" ����Pursuant to N.J.S.A. 2C:ll-3c(l), defendant waived a jury for the ... factors had been proven: that defendant was a hired killer, N.J.S.A. 2C:ll-3c(4)(d), and one was killed to avoid the detection of another, N.J.S.A. 2C:ll-3c(4)(f). Although the court made ...

docket:	a-98-93
court:	njsupreme
decided:	1994-07-27
status:
citation:	137 N.J. 434
Document Size:	242186

143 S.C. v. New Jersey Department of Children and Families -- rank: 846

... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child ... the Department retains, confidentiality is the presumptive starting point, but N.J.S.A. 9:6-8.10a(a) provides for the release of ... finding in connection with the exceptions and disclosures enumerated in N.J.S.A. 9:6-8.10a. The Court concludes that due process ... Protection and Permanency within the Department performs this responsibility, see N.J.S.A. 9:6-8.11, we refer throughout to the Department ... or neglect allegations determined to be “unfounded,” see N.J.S.A. 9:6-8.40a, and no statutory or regulatory provision ... be made available under circumstances identified by the Legislature in N.J.S.A. 9:6-8.10a. S.C. appealed the Department’ ...

docket:	a-57-18
court:	NJ Supreme Court
decided:	2020-05-27
status:
citation:
Document Size:	127452

144 62-64 Main Street, L.L.C. v. Mayor and Council of the City of Hackensack -- rank: 846

... as part of an area in need of redevelopment under N.J.S.A. 40A:12A-5(a), (b), and (d) of the Local ... criteria set forth in subsections (a), (b), and (d) of N.J.S.A. 40A:12A-5 for an area in need of redevelopment ... Board also determined that Lot 8 satisfied subsection (d) of N.J.S.A. 40A:12A-5 because of its “faulty arrangement [or ... that Gallenthin addressed only an infirmity in subsection (e) of N.J.S.A. 40A:12A-5, and not subsections (a), (b), and (d ... plaintiffs’ properties met the in-need-of-redevelopment criteria of N.J.S.A. 40A:12A-5(a), (b), and (d). In an unpublished ... N.J. 360 (1958), subsections (a), (b), and (d) of N.J.S.A. 40A:12A-5 do not violate the Blighted Areas ...

docket:	A-19-13
court:	NJ Supreme Court
decided:	2015-03-23
status:
citation:	221 N.J. 129 110 A.3d 877
Document Size:	278831

145 State v. Nathaniel Harvey -- rank: 846

... with the purposeful-or-knowing murder of Schnaps, contrary to N.J.S.A. 2C:11-3 (count one), second-degree robbery, contrary to N.J.S.A. 2C:15-1 (count two), and second-degree burglary, contrary ...

docket:	a-23-95
court:	njsupreme
decided:	1997-07-30
status:
citation:	121 N.J. 407
Document Size:	449461

146 /usr/local/share/www/libweb/collections/courts/supreme/a-61-17.opn.html -- rank: 846

... public school student under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and two actions brought by ... in the four matters constituted “government records” under OPRA, N.J.S.A. 47:1A-1.1, and “education records” under the ... protected from disclosure under the New Jersey Pupil Records Act, N.J.S.A. 18A:36-19, and its implementing regulations, even if redacted ... public school student under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and two actions brought by ... from disclosure under the New Jersey Pupil Records Act (NJPRA), N.J.S.A. 18A:36-19, and its implementing regulations. L.R. v ... 815 on the counsel who had requested the records. See N.J.S.A. 47:1A-5(c). It awarded attorneys’ fees to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	238 N.J. 547 213 A.3d 912
Document Size:	113994

147 Smith v. Fireworks by Girone, Inc., et al. -- rank: 846

... Court determines, pursuant to the New Jersey Torts Claims Act, N.J.S.A. 59:4-2, whether the public property at issue in ... foreseeably to injury, it is not insulated from liability under N.J.S.A. 59:4-2, even if the ultimate injury takes place ... of public property is expressly provided for in the Act. N.J.S.A. 59:4-1 defines a "dangerous condition" as one that ... property owned or controlled by the public entity. Pursuant to N.J.S.A. 59:4-2, liability may attach if the public property ... at the time of the injury. (Pp. 12 - 14). 3. N.J.S.A. 59:4-2 was meant to comport with common-law ... Court addresses also the broader question whether the Legislature intended N.J.S.A. 59:4-2 to be interpreted in such a ...

docket:	a-39-03
court:
decided:	2004-06-23
status:
citation:
Document Size:	170262

148 State v. Donald Loftin -- rank: 846

... murdering Gary K. Marsh by his own conduct, contrary to N.J.S.A. 2C:ll-3a(l) and (2) (count I); felony murder, contrary to N.J.S.A. 2C:ll-3a(3) (count II); first-degree robbery, contrary to N.J.S.A. 2C:l5-l (count III); and second-degree possession of ... handgun with a purpose to use it unlawfully, contrary to N.J.S.A. 2C:39-4a (count IV). Defendant pleaded not guilty. ����Subsequently ... a notice of its intent to prove three aggravating factors: N.J.S.A. 2C:ll-3c(4)(a) (c(4)(a)) (conviction for another murder); N.J.S.A. 2C:ll-3c(4)(f) (c(4)(f)) (murder ...

docket:	a-39-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 295
Document Size:	322202

149 STATE V. ANTHONY DIFRISCO -- rank: 846

... s request for proportionality review of his death sentence, see N.J.S.A. 2C:11-3e, and now find no disproportionality. TABLE OF ... whether a particular defendant's death sentence is disproportionate. See N.J.S.A. 2C:11-3e. "A capital sentence is excessive and thus ... on the defendant, rather than the State, because the Act, N.J.S.A. 2C:11-3e, speaks in terms of proving that the ... in similar cases, considering both the crime and the defendant." N.J.S.A. 2C:11-3e to limit the proportionality universe to only ... before the statute was amended. We therefore decline to apply N.J.S.A. 2C:11-3e as amended to defendant's proportionality review ... procured the murder by payment of anything of pecuniary value. N.J.S.A. 2C:11-3c. Three of the five--Michael Taccetta, ...

docket:	a-72-94
court:	njsupreme
decided:	1995-07-26
status:
citation:	142 N.J. 148
Document Size:	250129

150 Todd B. Glassman v. Steven P. Friedel -- rank: 846

... of the Legislature’s enactment of the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8. Glassman v. Friedel ... of-fault statutory scheme, the Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. Under that statute, a defendant ... court molds the judgment in accordance with that assessment. See N.J.S.A. 2A:15-5.2. The Legislature incorporated the right of ... JTCL into the CNA’s fault-based allocation scheme. See N.J.S.A. 2A:15-5.3(e). When the CNA and JTCL ... the non-settling defendants as joint tortfeasors, in accordance with N.J.S.A. 2A:15-5.2(a), with the percentages adding up ... accordance with the percentage of fault allocated to each defendant. N.J.S.A. 2A:15-5.2(d). The Court provides detailed ...

docket:	a-48-20
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	81479