Search Rutgers Law Library N.J. Court Opinions

1486 State v. Michael Ross II -- rank: 837

... defendant was indicted for two counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1),(2); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1). Defendant’s trial commenced on ... percent parole ineligibility period under the No Early Release Act, N.J.S.A. 2C:43-7.2, on each of the two first ... subsequent to the delivery of your charge, be aware of N.J.S.A. 2C:1-9d(2).” A sentence added to ...

docket:	A-67-12
court:	NJ Supreme Court
decided:	2014-06-24
status:
citation:	218 N.J. 130 93 A.3d 739
Document Size:	106545

1487 STATE OF NEW JERSEY v. KARRIEM SANCHEZ -- rank: 837

... with intent to distribute a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:5-2 (count one); third-degree possession of heroin, N.J.S.A. 2C:35-10a(1) (count two); third-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3) (count three); third-degree possession with ... to distribute heroin within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count four); and second-degree possession with ... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count five). The court merged ...

docket:	a2991-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-03
status:	unpublished
citation:
Document Size:	69920

1488 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 837

... case we are asked to determine whether a violation of N.J.S.A. 39:3-76.2f, the "seat belt law," can serve as a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a law ... serious bodily injury. Defendant appeals her plea-bargained conviction under N.J.S.A. 2C:40-18(b), arguing the law is unconstitutionally vague ... own, and K.G.'s failure to wear a seatbelt, N.J.S.A. 39:3-76.2f; driving under influence, N.J.S.A. 39:4-50a; 1 and reckless driving, N.J.S.A. 39:4-96. On October 17, 2007, defendant was ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796

1489 STATE OF NEW JERSEY v. DAVID HENRY -- rank: 837

... David Henry appeals his conviction for aggravated manslaughter, contrary to N.J.S.A. 2C:11-4(a)(2), and the resulting sentence of ... parole ineligibility provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. A. We discern ... B. On April 26, 2006, David was indicted for murder, N.J.S.A. 2C:11-3(a)(1) or (2). David moved to ... In determining the sentence, the judge found one aggravating factor, N.J.S.A. 2C:44-1(a)(9), the need to deter David and others, and one mitigating factor, N.J.S.A. 2C:44-1(b)(7), that David had no prior ... jury. Over David's objection, the judge charged aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and reckless manslaughter, N. ...

docket:	a5663-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	109101

1490 STATE OF NEW JERSEY v. MARK C. SHEPPARD -- rank: 837

... indictment against defendant, charging him with first-degree attempted murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-1 (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); third-degree possession of a weapon (a knife) for unlawful purposes, N.J.S.A. 2C:39-4(d) (count four); fourth-degree tampering with physical evidence, N.J.S.A. 2C:28-6(2) (count five); third-degree hindering ...

docket:	a1423-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-03
status:	published
citation:
Document Size:	84027

1491 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 837

... or subsequent violation of the driving while intoxicated (DWI) statute, N.J.S.A. 39:4-50. Based on our review of the record ... with the step-down provision of the DWI statute. See N.J.S.A. 39:4- 50(a)(3). The court imposed a seven ... license suspension for a second or subsequent DWI conviction. See N.J.S.A. 2C:40-26(b). An issue was later raised concerning ... sentenced defendant to a mandatory 180-day custodial term, see N.J.S.A. 2C:40-26(c), as a condition of two-year ... BEEN GRANTED BECAUSE HE COULD NOT BE GUILTY OF VIOLATING N.J.S.A. 2C:40-26[(b)] BY DRIVING WITH A SUSPENDED LICENSE ... THAT DWI WAS TREATED AS A FIRST OFFENSE PURSUANT TO N.J.S.A. 39:4-50(a)(3). II. Defendant claims he ...

docket:
court:
decided:
status:
citation:
Document Size:	48632

1492 Cooper Hospital University Medical Center v. Selective Insurance Company of America -- rank: 837

... source are typically deducted from benefits collected under PIP under N.J.S.A. 39:6A-6, “the collateral source rule.” Under ... onto Medicare if that insured is a Medicare enrollee. See N.J.S.A. 39:6A-6 (1977). In line with its broad remedial ... at the time of his accident. 2 No Fault Act), N.J.S.A. 39:6A-1 to -18 (1977); and Title XVIII of ... regardless of who was at fault in causing the accident. N.J.S.A. 39:6A-4(a) (1977). The Act imposed on the ... and Medicare, were to be deducted from the PIP benefits. N.J.S.A. 39:6A-6 (1977) (the collateral source rule). Under the ... 339.94 Medicare was willing to pay). The court construed N.J.S.A. 39:6A-6 as placing on the automobile insurance ...

docket:	a-46-20
court:	NJ Supreme Court
decided:	2021-12-22
status:
citation:
Document Size:	71434

1493 State of New Jersey v. Andrew Higginbotham -- rank: 837

... “portray a child in a sexually suggestive manner” in N.J.S.A. 2C:24-4(b)(1) is substantially overbroad in violation ... not have serious literary, artistic, political, or scientific value.” N.J.S.A. 2C:24-4(b)(1). The charges arose from photographs ... a child in a sexually suggestive manner” set forth in N.J.S.A. 2C:24-4(b)(1) -- i.e., subsection (c), which ... “portray a child in a sexually suggestive manner” in N.J.S.A. 2C:24-4(b)(1) is unconstitutionally overbroad because it ... act or in the simulation of such an act.” N.J.S.A. 2C:24-4(b)(1) (2017). In 2017, the Legislature amended N.J.S.A. 2C:24-4 to expand the definition to include ...

docket:	a_57_22
court:	supreme
decided:	2024-05-07
status:	Published
citation:
Document Size:	84092

1494 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.G. -- rank: 837

... adjudication of abuse or neglect is governed by Title 9, N.J.S.A. 9:6-8.21 to -8.73, which is designed ... of Human Servs. , 157 N.J. 161, 171 (1999) (quoting N.J.S.A. 9:6-8.8). An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c), and the proofs necessary to ... W.R. , 205 N.J. 17, 32 (2011); see also N.J.S.A. 9:6-8.46(b) ("In a fact-finding hearing ... his clinicians. The child's statements regarding abuse are admissible, N.J.S.A. 9:6-8.46(a)(4), but may not be ... within the purview of this rule. In Title Nine matters, N.J.S.A. 9:6-8.46 authorizes admission of any writing, ...

docket:	5618-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-25
status:	unpublished
citation:
Document Size:	56616

1495 TAMAR GINSBERG v. QUEST DIAGNOSTICS INC -- rank: 837

... differences. New Jersey's statute of limitations for medical malpractice, N.J.S.A. 2A:14-2, is two years, subject to equitable tolling ... § 493.1 to 493.2001 (regulation of clinical laboratories); N.J.S.A. 45:9-42.1 to -42.25 ("Bio-analytical Laboratory and Laboratory Directors Act"); N.J.S.A. 45:9-42.26 to -42.45 ("New Jersey Clinical ... affect the crafting of a complaint). 17 See, e.g. , N.J.S.A. 2A:53A-26 and -27 (the affidavit of merit statute ... governing suits against professionals licensed in this state); see also N.J.S.A. 45:1-1 to -21.4 (stating general provisions related ... and occupations regulated by state boards of registration and examination); N.J.S.A. 45:9-1 to -58 (stating provisions related to ...

docket:	a1387-14
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-18
status:	Published
citation:
Document Size:	139541

1496 United Reciprocal Exchange v. Sabrina A. Perez, et al. -- rank: 837

... in a scheme known as the “standard policy.” N.J.S.A. 39:6A-2(n). In 1998, as part of the ... an alternative to the benefits covered under the standard policy. N.J.S.A. 39:6A-3.1. Although, in contrast to the standard ... injury liability coverage in an amount up to $10,000. N.J.S.A. 39:6A-3.1(c). (pp. 11-14) 3. Pre ... in Varjabedian , this appeal involves a basic policy, which, under N.J.S.A. 39:6A-3.1(c), mandates no minimum bodily injury ... that includes the optional $10,000 of coverage permitted by N.J.S.A. 39:6A-3.1(c). (pp. 16-17) 5. Where ... required to pay any claims to injured third parties because N.J.S.A. 39:6A-3.1 does not mandate a minimum ...

docket:	a-67-13
court:	New Jersey Supreme Court
decided:	2015-08-13
status:
citation:
Document Size:	69132

1497 STATE OF NEW JERSEY v. JAWORSKI SNEED -- rank: 837

... after a jury found him guilty of first-degree murder, N.J.S.A. 2C:11-3(a)(1)-(2); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). The charges arose from the fatal ... charging the jury with the law on passion/provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), as a lesser-included offense ... he charging of lesser-included offenses[ is] governed by statute. N.J.S.A. 2C:1-8 provides that a trial court 'shall not ... the defendant of the included offense.'" Id. at 81 (quoting N.J.S.A. 2C:1-8(e)). "Thus, 'to justify a lesser- ...

docket:	a5865-12
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	61105

1498 DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION v. GEORGE HARMS CONSTRUCTION CO., INC. -- rank: 837

... to the Compact Clause of the United States Constitution. 1 N.J.S.A. 32:8-1 to -30 (New Jersey); 36 Pa. Stat ... and replace bridges over certain portions of the Delaware River. N.J.S.A. 32:8-11; 36 Pa. Stat. and Cons. Stat. Ann ... minutes of the meeting at which such vote was taken.' N.J.S.A. 32:8-3; 36 Pa. Stat. and Cons. Stat. Ann ... a manner which ensures prudent use of toll payer monies.' N.J.S.A. 32:8-3.8(c); 36 Pa. Stat. and Cons ... defendants' federal constitutional equal protection rights (count V); (6) violated N.J.S.A. 10:6-2 by denying and interfering with defendants' federal ... users of the Scudder Falls Bridge, including Rainville, by defying N.J.S.A. 32:8-3.8 and 36 Pa. Stat. and ...

docket:	a1484-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Published
citation:
Document Size:	101584

1499 ALEXANDER NICOLAS v. TRENTON BOARD OF EDUCATION -- rank: 837

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5- - 1 to -50. We affirm. I. We begin ... the interest of an employer with the employer's consent,' N.J.S.A. 34:19-2(a), and Title VII defines employer as ... plaintiff often relies upon the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; however, his complaint did not ... in compensation or in terms, conditions or privileges of employment.' N.J.S.A. 10:5-12(a). Additionally, the LAD makes it unlawful ... because that person has . . . filed a complaint . . . under [the LAD],' N.J.S.A. 10:5-12(d), or for 'any person, whether an ... forbidden under [the LAD], or to attempt to do so,' N.J.S.A. 10:5-12(e). A-4039-21 17 Our ...

docket:	a4039-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-17
status:	Unpublished
citation:
Document Size:	74174

1500 THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE, et al. THE CITY OF OCEAN CITY v. JOSEPH SOMERVILLE -- rank: 837

... Ocean City is organized under the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, commonly called the Faulkner Act ... exercises the legislative power, and it does so by ordinance. N.J.S.A. 40:69A-36. Moreover, its citizens have the right to ... propose and vote on municipal ordinances through the initiative process, N.J.S.A. 40:69A-184, and also have the power to approve ... the council, after which a referendum petition has been filed. N.J.S.A. 40:69A-185. Apropos of the latter, ordinances must be ... adoption, with the sole exception of the "local budget ordinance," N.J.S.A. 40A:4-10 ("Upon adoption, the budget shall constitute an ... and then "adopt or reject the same at the polls." N.J.S.A. 40:69A-184. If the council rejects an initiative ...

docket:	A1982-06 a1982-06
court:	NJ Superior Court Appellate Division
decided:	2007-09-13 2008-10-10
status:	unpublished Published
citation:	403 N.J. Super. 345 958 A.2d 465
Document Size:	108980