Search Rutgers Law Library N.J. Court Opinions

1381 STATE OF NEW JERSEY v. THOMAS NEVIUS -- rank: 839

... trial, was convicted of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3a(1) and (2) 1 ; felony murder, N.J.S.A. 2C:11-3a(3); second-degree burglary, N.J.S.A. 2C:18-2; and third-degree conspiracy to commit burglary, N.J.S.A. 2C:18-2 and N.J.S.A. 2C:5-2. 2 He was sentenced to an aggregate ... in prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, requirement of 55 years, three ...

docket:	a5438-07
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 379 45 A.3d 360
Document Size:	105164

1382 STATE OF NEW JERSEY v. APPELLATE DIVISION MATTHEW DIAZ -- rank: 837

... and ongoing prosecution for strict liability for drug-induced death, N.J.S.A. 2C:35-9, following a fatal heroin overdose. By leave ... New Jersey Wiretapping and Electronic Surveillance Control Act (Wiretap Act), N.J.S.A. 2A:156A-1 to -37. N.J.S.A. 2A:156A-4(c) provides that: It shall not be ... by complaint-warrant with possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1), and two counts of possession with intent to distribute a controlled dangerous substance, N.J.S.A. 2C:35-5(b)(3). The prosecutor did not apply ... with: (1) first-degree strict liability for drug- induced death, N.J.S.A. 2C:35-5 and 2C:35-9; (2) three ...

docket:	a3764-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Published
citation:
Document Size:	91644

1383 STATE OF NEW JERSEY v. D.D. -- rank: 837

... assault on three boys all under the age of twelve, N.J.S.A. 2C:14-2(a)(1) and N.J.S.A. 2C:14-2(b). He was also convicted of three counts of child endangerment, N.J.S.A. 2C:24-4(a). After appropriate mergers, defendant was sentenced ... parole ineligibility subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals, and for the following ... he entered a guilty plea to sexually assaulting his son, N.J.S.A. 2C::14-2b; and that he was sentenced to a ... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). The court, however, gave ...

docket:	a1682-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	112064

1384 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.D. -- rank: 837

... children's statements were corroborated by independent evidence, and asserted N.J.S.A. 9:6- 8.46(a)(4) barred the court's ... claimed the children's statements, even if properly corroborated under N.J.S.A. 9:6- 8.46(a)(4), were insufficient to support ... other and thus supported an abuse or neglect finding under N.J.S.A. 9:6- 8.46(a)(4). The court found the ... burden through the admission of 'competent, material and relevant evidence.' N.J.S.A. 9:6-8.46(b); N.J. Div. of Youth ... evidence supporting the court's abuse or neglect finding. See N.J.S.A. 9:6-8.46(a)(4). We disagree. 'In matters ... court rule.' L.A., 357 N.J. Super. at 166. N.J.S.A. 9:6-8.46(a)(4) provides that when ...

docket:	a2564-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-27
status:	unpublished
citation:
Document Size:	73296

1385 Gonzalez v. Wilshire Credit Corp. -- rank: 837

... Court addresses the applicability of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, to a post-foreclosure-judgment ... unconscionable practices in violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-2. In particular, plaintiff claimed that defendants, knowing ... cure-and-reinstatement agreements under the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, which permits debtor mortgagors to ... pay the obligation secured by the residential mortgage,” (quoting N.J.S.A. 2A:50-55), and because “the statutory right to ... and reinstate expires upon the entry of final judgment” (citing N.J.S.A. 2A:50-55). Defendants assert that the Appellate Division, without ... efforts, are covered by the CFA. The Consumer Fraud Act, N.J.S.A. 56:8-1 to -195, provides a private cause ...

docket:	A-99-09
court:	NJ Supreme Court
decided:	2011-08-29
status:
citation:
Document Size:	99558

1386 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANANCY v. R.W and A.P. and L.A.P -- rank: 837

... the trial court misapplied the 'best interests' statutory factors, see N.J.S.A. 30:4C-15.1(a). After carefully reviewing the record ... the kinship legal guardian of the child by the court .' N.J.S.A. 3B:12A-2. KLG transfers 'certain parental rights' to the ... parents' right to have some ongoing contact with the child .' N.J.S.A. 3B:12A-1(b). 4 Those amendments took effect on ... amendment to the termination of parental rights 'best interests' factors, N.J.S.A. 30:4C-15.1(a), was the deletion of the ... a home without a court order, under the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-0617-21 ... TERMINATION WAS IN THE BEST INTERESTS OF THE CHILDREN UNDER N.J.S.A. 30:4C- 15 AND N.J.S.A. 30: ...

docket:	a0617-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-22
status:	Unpublished
citation:
Document Size:	42387

1387 State v.Ryan Buda -- rank: 837

... degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4(a), and one count of third-degree aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(7). 3 At his trial, Christine ... P.Z. , 152 N.J. 86 , 96-99 (1997) (quoting N.J.S.A. 9:6-8.8 (emphasis supplied)).] It was in the ... a DYFS worker becomes an extension of law enforcement. See N.J.S.A. 9:6-8.36a (requiring that DYFS “shall immediately ... immediately to report a gunshot wound to law enforcement authorities. N.J.S.A. 2C:58-8(a) (“Every case of a wound ...

docket:	a-4-07
court:
decided:	2008-06-23
status:
citation:	195 N.J. 278
Document Size:	170505

1388 NBCP Urban Renewal Partnership v. City of Newark -- rank: 837

... Corporation and Association Law of 1961 (the Fox-Lance Act) . N.J.S.A. 40:55C-40 to -76. 1 The matter is before ... Retention Act (the “BRA”), L. 1992, c. 24, amending N.J.S.A. 54:4-1, on the terms of the tax exemption ... Turbines. Plaintiff is organized as an urban renewal entity under N.J.S.A. 40:55C-55.1. Plaintiff is the tenant at the ... defendant for an exemption from real property taxes pursuant to N.J.S.A. 40:55C-58. 2 The proposed project involved the construction ... 1991, the parties entered into a Financial Agreement pursuant to N.J.S.A. 40:55C-59 which provided for plaintiff to construct the ... an annual service charge to the defendant, as provided by N.J.S.A. 40:55C-65, 3 to be calculated as two ...

docket:	05635-95
court:
decided:	1997-09-30
status:
citation:	17 N.J. Tax 59
Document Size:	99511

1389 IN RE NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL APPROVAL OF THE PETITION FOR PLAN CONFORMANCE FOR THE TOWN OF CLINTON HUNTERDON COUNTY -- rank: 837

... the rule-making procedures of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. On that ground, the Center ... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. Accordingly, consolidation of the appeals ... to the Highlands Water Protection and Planning Council (the Council), N.J.S.A. 13:20-4." In re Highlands Master Plan , 421 N ... in eighty-eight municipalities" and seven counties. Ibid. ; see also N.J.S.A. 13:20-2, -7. The Highlands Act was adopted to ... system that left development to property owners and local planners. N.J.S.A. 13:20-2. The Council's primary responsibilities include development ... plans and land use regulations as conforming with the RMP. N.J.S.A. 13:20-8 to -12 (RMP development); N.J. ...

docket:	a3223-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-25
status:	unpublished
citation:
Document Size:	61905

1390 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H and D.L -- rank: 837

... prong of the statutory best interests of the child standard, N.J.S.A. 30:4C-15.1(a). Having reviewed the record and ... prong of the best interests of the child standard. See N.J.S.A. 30:4C- 15.1(a). The court ordered the termination ... of a parent without a court order, as authorized by N.J.S.A. 9:6-8.29, a provision included within the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-5488-18T3 ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and ... s best interests.' Id. at 348. A-5488-18T3 16 N.J.S.A. 30:4C-15.1(a) requires the Division to ...

docket:	a5488-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	59195

1391 Denise Brown v. State of New Jersey -- rank: 837

... claim brought under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, against a police detective named ... claim brought under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, against a State Police detective ... Department officers. Among others, Brown advanced an NJCRA claim under N.J.S.A. 10:6-2(c), which provides a cause of action ... “extends to suits brought under . . . the Civil Rights Act, N.J.S.A. 10:6-1 to -2.” Id. at 107-08 ... Brown a remedy under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2. I dissent because there is ...

docket:	A-71-15
court:	NJ Supreme Court
decided:	2017-07-25
status:
citation:	230 N.J. 84 165 A.3d 735
Document Size:	192713

1392 STATE OF NEW JERSEY v. WILLIAM L. SCOTT -- rank: 837

... 2020, defendant was charged by indictment with first-degree robbery, N.J.S.A. 2C:15-1(a)(2), and related offenses for a ... jury returned an indictment charging defendant with first-degree robbery, N.J.S.A. 2C:15-1(a)(2), and fourth-degree possession of an imitation firearm for an unlawful purpose, N.J.S.A. 2C:39- - 4(e). In fall 2020, a Law Division ... Both sentences were subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and were ordered to be served ... of the New Jersey Wiretap and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37 (Wiretap Act), which has its own exclusionary remedy, N.J.S.A. 2A:156A-21.6 In Worthy, the Court concluded, '[ ...

docket:	a0529-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-31
status:	Published
citation:
Document Size:	76397

1393 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 837

... an Appeal/Interpretation" with the Manchester Board of Adjustment under N.J.S.A. 40:55D-70(a) and (b). Perlmutter specifically sought review ... prevent urban sprawl and the degradation of the environment. See N.J.S.A. 40:55D-2(b), -2(i), and -2(j). None ... to condition its approval on the issuance of such permits. N.J.S.A. 40:55D-22(b). See also Dowel Assocs. v. Harmony ... vis-à-vis its entitlement to certain dimensional variances under N.J.S.A. 40:55D-70(c)(1) and -70(c)(2). He ... traditionally afforded to decisions of zoning boards under the MLUL."). N.J.S.A. 40:55D-70(c)(1) permits a variance from a ... exception from the ordinance's requirements." Id. at 57-58. N.J.S.A. 40:55D-70(c)(2) permits a variance for ...

docket:	a2814-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

1394 State of New Jersey v. Thomas Lykes -- rank: 837

... possession of a controlled dangerous substance (cocaine), in violation of N.J.S.A. 2C:35-10(a)(1). The day before the jury ...

docket:	a-80-06
court:	njsupreme
decided:	2007-11-05
status:
citation:	192 N.J. 519
Document Size:	87644

1395 STATE OF NEW JERSEY v. MYKAL L. DERRY, -- rank: 837

... Mykal Derry were convicted of the murder of Tyquinn James, N.J.S.A. 2C:11-3(a)(1) and (2), and conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3. On September 26 ... Release Act's (NERA) eighty-five- percent parole-bar. See N.J.S.A. 2C:43-7.2(a). A concurrent fifty-year term ... REQUEST TO DISMISS THE MURDER AND CONSPIRACY CHARGES PURSUANT TO N.J.S.A. 2C:1-3F; DEFENDANT WAS FULLY AND COMPLETELY PUNISHED VIA ... ONE: DEFENDANT'S MOTION TO DISMISS THE INDICTMENT PURSUANT TO N.J.S.A. 2C:1-3f A-1125-18 16 AND N.J.S.A. 2C:1-11 WAS WRONGFULLY DENIED. POINT TWO: SPECIAL ...

docket:	a1125-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	61897