Search Rutgers Law Library N.J. Court Opinions

1411 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.C.D. -- rank: 837

... Lila's six other children, and filed a Title Nine, N.J.S.A. 9:6-8.21 to -8.73, complaint. The Family ... the four prongs of the best interests test established by N.J.S.A. 30:4C-15.1(a)(1)-(4) by the required ... Court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong ...

docket:	a1153-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-01
status:	unpublished
citation:
Document Size:	57884

1412 STATE OF NEW JERSEY v. SCOTT M. HAHN, -- rank: 837

... charging defendant with two counts of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) (counts one and two), two counts of second-degree vehicular homicide, N.J.S.A. 2C:11-5(a) (counts three and four), one count of third-degree possession of gamma hydroxybutyrate (GHB), N.J.S.A. 2C:35-10.2(a) (count five), and one count ... degree possession of a controlled dangerous substance, gamma-butyrolactone (GBL), N.J.S.A. 2C:35-10(a)(1) and (3) (count six). A ... of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed concurrent five-year ... Thomas, 187 N.J. 119, 129–30 (2006)); see also N.J.S.A. 2C:1-8(d) (defining an 'included offense'). Pursuant ...

docket:	a4755-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-17
status:	Published
citation:
Document Size:	73717

1413 Williams v. State of New Jersey -- rank: 837

... determine whether the Probation Officer Community Safety Unit Act (Act), N.J.S.A. 2B:10A-1 to -3, 2C:39-6(c)(17 ... Safety Unit Act (Act), L. 2001, c. 362 (codified at N.J.S.A. 2B:10A-1 to -3, 2C:39-6(c)(17 ... other states are permitted to act as law enforcement officers. [ N.J.S.A. 2B:10A-1.] As a result of those concerns, the ... and is the foundation for our modern probation system. See N.J.S.A. 2A:168-5 to -13, 2C:45-1 to -4 ... power to appoint probation officers, including a chief probation officer, N.J.S.A. 2A:168-8. Once appointed, the chief probation officer operates ... be authorized by the Assignment Judge of the Superior Court .� N.J.S.A. 2A:168-7 (emphasis added). Our court rules are ...

docket:	a-129-04
court:	njsupreme
decided:	2006-04-19
status:
citation:	*CITE_PENDING*
Document Size:	69380

1414 STATE OF NEW JERSEY v. LUCIA MANZANO -- rank: 837

... a finding defendant's actions constituted de minimis infractions under N.J.S.A. 2C:2-11. Having reviewed the parties' arguments, the record ... abused its discretion by dismissing the prosecution and reverse. I. N.J.S.A. 2C:2-11 permits an assignment judge to dismiss a ... specified circumstances. In its consideration of a dismissal motion under N.J.S.A. 2C:2-11, a court must 'assume[] that the conduct ... against defendant under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on a claim defendant ... she was charged with the disorderly persons offenses of contempt, N.J.S.A. 2C:29- 9(b)(2), and resisting arrest, N.J.S.A. 2C:29-2(a)(1). In the complaint-warrant ...

docket:	a1017-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-29
status:	Unpublished
citation:
Document Size:	48905

1415 IMO the Civil Commitment of W.X.C. -- rank: 837

... constitutionality of the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. Over the span ... the arrival of the police saved her from his assault. N.J.S.A. 2C:47-1 to -10. The essential test for a ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. In 2007, as defendant was nearing ... constitutionality of the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. That challenge is ... plea to two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); one count of second-degree attempted aggravated sexual assault, N.J.S.A. 2C:14-2(a); one count of first-degree ...

docket:	a-33-09
court:	New Jersey Supreme Court
decided:	2010-11-09
status:
citation:	204 N.J. 179 8 A.3d 174
Document Size:	135081

1416 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:	a2958-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

1417 HILL INTERNATIONAL INC v. ATLANTIC CITY BOARD OF EDUCATION -- rank: 837

... questions of law arising under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29. Specifically, the appeal concerns whether ... from an "appropriate licensed person" within the intended meaning of N.J.S.A. 2A:53A-27, even though the affiant is not also ... its requirements: "Licensed person" defined As used in this act [ N.J.S.A. 2A:53A-26 through -29], "licensed person" means any person who is licensed as: a. an accountant pursuant to [ N.J.S.A. 45:2B-42 to -75]; b. an architect pursuant to [ N.J.S.A. 45:3-1 to -46]; c. an attorney admitted to ... practice law in New Jersey; d. a dentist pursuant to [ N.J.S.A. 45:6-1 to -73]; e. an engineer pursuant ...

docket:	a4139-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	published
citation:	438 N.J.Super. 562 106 A.3d 487
Document Size:	99811

1418 Borough of Mendham v. Director, Division of Taxation -- rank: 837

... J.T.C. In these consolidated matters filed pursuant to N.J.S.A. 54:51A-4(c) 1 , plaintiffs Township of Jefferson, Township ... Table on or about October 1, 2010 in compliance with N.J.S.A. 54:1-35.1. 4 The Municipalities now challenge the ... that defendant is hereby dismissed. Presumption and Standard of Proof N.J.S.A. 54:51A-4(c) provides that the Equalization Table is ... the Director’s methodology “could not reasonably be justified”. N.J.S.A. 54:51A-4; See Kingsley v. City of Bayonne , 89 ... law and the New Jersey Constitution. The Municipalities point to N.J.S.A. 54:4-2.25, -2.26, N.J.S.A. 54:1-35.1 to -35.6, and the ...

docket:	20479-10
court:
decided:	2011-01-28
status:
citation:
Document Size:	160185

1419 STATE OF NEW JERSEY v. AAKASH A. DALAL -- rank: 837

... community center. Specifically, defendant was convicted of first-degree terrorism, N.J.S.A. 2C:38-2(a); first-degree attempted arson, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:17-1(a); two counts of first-degree conspiracy to commit arson, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:17-1; two counts of first-degree aggravated arson as an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C: ...

docket:	a5556-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-15
status:	Published
citation:
Document Size:	57375

1420 STATE OF NEW JERSEY v. ELLIOT P. NOCK -- rank: 837

... of the first-degree murder of N.J. (Nick Johnson), N.J.S.A. 2C:11-3(a)(1) and (2). 1 The jury ... second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and second-degree unlawful possession of a firearm without a permit, N.J.S.A. 2C:39-5(b). Following his jury convictions, defendant pled ... guilty to second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). The court granted the State's ... in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his convictions and ... the State moved to impose a mandatory extended term under N.J.S.A. 2C:44-3(d), based on defendant's prior ...

docket:	a5228-18
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	68072

1421 STATE OF NEW JERSEY v. GEORGE T. RODGERS -- rank: 837

... for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), count one; second-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(7), count two; and fourth-degree tampering with evidence, N.J.S.A. 2C:28-6. Defendant also maintains the imposed sentence was ... excessive lengthy term was imposed for a relatively insignificant offense. N.J.S.A. 2C:43-6(f) provides: A person convicted of . . . possessing with intent to distribute any . . . controlled substance [] under N.J.S.A. 2C:35-5, . . . who has previously been convicted of manufacturing ... to an extended term as authorized by subsection c. of N.J.S.A. 2C:43-7, notwithstanding that extended terms are ordinarily ...

docket:	a2096-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	81721

1422 State of New Jersey v. Michael J. Natale -- rank: 837

... the judge finds one or more statutory aggravating factors. See N.J.S.A. 2C:5-1, 2C:11-3(a) (count one); third ... one mitigating factor, that defendant had no prior criminal record. N.J.S.A. 2C:43-7.2. Under NERA, defendant was required to ... jury trial on the aggravating factors. ����The State counters that N.J.S.A. 2C:44-l(f)�s presumptive terms do not represent ... v. Evers , 175 N.J. 355 , 387 (2003); see also N.J.S.A. 2C:1-4, 2C:43-1; State v. Roth , 95 ... term. Evers , supra , 175 N.J. at 387; see also N.J.S.A. 2C:44-1(f)(1). Our Code provisions make clear ... statutory aggravating factors found by the court are provided in N.J.S.A. 2C:44-l(a): (1) The nature and circumstances ...

docket:	a-82-04
court:	njsupreme
decided:	2005-08-02
status:
citation:	*CITE_PENDING*
Document Size:	99449

1423 /usr/local/share/www/libweb/collections/courts/appellate/a5958-12xx.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	94701

1424 State v. Anthony Miranda -- rank: 837

... of domestic violence, “a serious crime against society.” N.J.S.A. 2C:25-18. The second factor -- the urgency of the ... against defendant pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The judge also issued a ... B. 1. A grand jury indicted defendant for terroristic threats, N.J.S.A. 2C:12- 3(a), receiving stolen property, N.J.S.A. 2C:20-7(a), and certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1). Defendant moved to suppress the ... amended charge of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39- 5(b)(1), but reserved his right ...

docket:	a-67-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-03
status:
citation:
Document Size:	55664

1425 ALICE BOSWELL v. PRICE MEESE SHULMAN & D'ARMINIO P.C. -- rank: 837

... and willful disregard of persons who foreseeably might be harmed." N.J.S.A. 2A:15-5.12(a); Nappe v. Anschelewitz, Barr, Ansell ...

docket:	a4531-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-18
status:	unpublished
citation:
Document Size:	107178