Search Rutgers Law Library N.J. Court Opinions

16 /usr/local/share/www/libweb/collections/courts/appellate/a4327-17.html -- rank: 852

... N.J.A.C. 17:2-3.8(b) (implementing N.J.S.A. 43:15A-93 by clarifying the effective date for converted ... and N.J.A.C. 17:2-3.13 (implementing N.J.S.A. 43:15A-50 by addressing benefits payable when a member ... and transaction of the [B]oard's and committees' business.' N.J.S.A. 43:15A-17(a)(1). Therefore, NJEA's appeal is ... first premium therefor had been made' during the grace period. N.J.S.A. 17B:27-72(k). The answer to the second question ... Although we will analyze the text of two enabling statutes (N.J.S.A. 43:15A- 93 and N.J.S.A. 43:15A-50), we perform that analysis by considering ...

docket:
court:
decided:
status:
citation:
Document Size:	39969

17 Division of Child Protection and Permanency v. D.C.A. -- rank: 852

... fourth prong of the best interests of the child test, N.J.S.A. 30:4C-15.1(a)(4), despite a 2021 Amendment ... consideration of those relationships under the test’s second prong, N.J.S.A. 30:4C-15.1(a)(2). Defendants “Divina” and ... arguing that in the wake of the 2021 Amendment to N.J.S.A. 30:4C-15.1(a), such evidence was no longer ... proven by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a) and terminated the parental rights ... rejecting Divina’s argument that the Legislature’s amendment of N.J.S.A. 30:4C-15.1(a)(2) barred trial courts from ... the resource family when they address the fourth prong of N.J.S.A. 30:4C-15.1(a). The trial court properly ...

docket:	a-44-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:
citation:
Document Size:	75850

18 Aleice Jeter v. Sam's Club -- rank: 852

... General, had offered P.V. an immunity agreement pursuant to N.J.S.A. 2A:81-17.3, and that P.V. had nonetheless ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2, on the attempted murder charge, and ... by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause ... against the arrestee, but on an officer’s 2 Under N.J.S.A. 2B:12-21(a), “[a]n administrator or deputy ... position despite the State’s offer of immunity pursuant to N.J.S.A. 2A:81-17.3 and the trial court’s order ... privilege against self-incrimination is codified in our statutory law, N.J.S.A. 2A:84A-19, and rules of evidence, N.J. ...

docket:	a-53-20
court:	NJ Supreme Court
decided:	2022-03-17
status:
citation:
Document Size:	124186

19 A.L. VS. NEW JERSEY STATE PAROLE BOARD -- rank: 852

... a special sentence of parole supervision for life (PSL) under N.J.S.A. 2C:43-6.4, appeals from the April 27, 2022 ... who have been convicted of certain sexual offenses enumerated in N.J.S.A. 2C:43-6.4(a) must serve, in addition to ... of [PSL] commencing upon the offender's release from incarceration. N.J.S.A. 2C:43-6.4(a) and (b). PSL offenders remain ... to conditions appropriate to protect the public and foster rehabilitation.' N.J.S.A. 2C:43-6.4(b). These conditions include general conditions ... reduce the likelihood of recurrence of criminal or delinquent behavior.' N.J.S.A. 30:4-123.59(b)(1); see also N.J ... PSL condition may be prosecuted as a third-degree crime, N.J.S.A. 2C:43-6.4(d), or treated as a ...

docket:	a2965-21
court:	appellate
decided:	2024-06-10
status:	Unpublished
citation:
Document Size:	64086

20 W.S. v. Derek Hildreth -- rank: 850

... ’s refiling it to comply with the requirements of N.J.S.A. 59:8-9 within ninety days of the accrual of ... is later,” and it explicitly made the amendment retroactive. N.J.S.A. 2A:14-2a(a)(1). Another significant change is that N.J.S.A. 59:8-3(b) was amended to provide that the ... for damages” resulting from sexual abuse under certain circumstances. See N.J.S.A. 59:2-1.3(a). And the Legislature specified that ... ninety days of the claim’s accrual as required by N.J.S.A. 59:8-8. The motion judge denied the motion, finding ... effective and was therefore “subject to the newly enacted N.J.S.A. 59:8-3(b), which specifically eliminated the need ...

docket:	a-46-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
status:
citation:
Document Size:	56350

21 DCPP VS. J.B. AND C.R., IN THE MATTER OF C.D.R., ET AL. -- rank: 850

... 2021 determination they abused or neglected Callie in violation of N.J.S.A. 9:6-8.21(c). The matters were perfected for ... home without a court order, pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-0047-22 ... birth. The court found the caseworker credible. The court cited N.J.S.A. 9:6-8.46(a)(1), which provides 'proof of ... Servs. v. T.B., 207 N.J. 294, 309 (2011)). N.J.S.A. 9:6-8.21(c)(4) defines an 'abused or ... substantial risk thereof . . . . The Supreme Court has interpreted conduct satisfying N.J.S.A. 9:6-21(c)(4)(b) as 'conduct that is ... accessible to the public pursuant to State and federal law.' N.J.S.A. 9:6-8.11. The agency has no discretion ...

docket:	a0047-22a0048-22a2073-22
court:	appellate
decided:	2024-06-26
status:	Unpublished
citation:
Document Size:	63093

22 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D and T.A., a/k/a B.F -- rank: 850

... of L. 2021, c. 154, which amended certain aspects of N.J.S.A. 30:4C-15.1(a) and the Kinship Legal Guardianship Act (KLG Act), N.J.S.A. 3B:12A-1 to -7. The extensive record clearly establishes ... that prong one and prong two of the termination statute, N.J.S.A. 30:4C-15.1, were met as J.D.'s ... the court found the first part of prong three of N.J.S.A. 30:4C-15.1 was easily satisfied by the evidence ... made no significant changes to the best-interests analysis under N.J.S.A. 30:4C-15.1. Instead, the court reasoned the new ... of children. Id. at 280. That statutory standard, codified at N.J.S.A. 30:4C-15.1(a), states: a. The [D] ...

docket:	a1321-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-25
status:	Unpublished
citation:
Document Size:	56851

23 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.H.,1 and N.F -- rank: 850

... the Division was granted custody of A.F. pursuant to N.J.S.A. 9:6-8.29 and N.J.S.A. 30:4C-12. N.F. later executed a voluntary surrender ... applicability of the four - prong best-interest standard, codified in N.J.S.A. 30:4C-15.1(a), as modified by 'the recently amended termination of parental rights and KLG statutes under [ N.J.S.A.] 30:4C-, which became effective July 2[], 2021.' See L ... failed to prove by clear and convincing evidence pursuant to [N.J.S.A. 30:4C-15.1] that the parental rights of [defendant ... satisfied with respect to termination of parental rights. However, citing N.J.S.A. 30:4C-15.1(a)(3), the judge stressed ...

docket:	a1666-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-28
status:	Unpublished
citation:
Document Size:	81122

24 Twanda Jones v. Morey Pier, Inc. -- rank: 848

... case are therefore subject to the TCA. When it enacted N.J.S.A. 59:8-8, the Legislature imposed a strict constraint on ... in two published opinions, in which trial courts focused on N.J.S.A. 59:8-8’s plain language and construed it to ... be sixty percent or more responsible for the total damages, N.J.S.A. 2A:15-5.3(a), and affords to a defendant ... share” of the damages a contribution claim against joint tortfeasors, N.J.S.A. 2A:15-5.3(e). The JTCL, N.J.S.A. 2A:53A-3, defines that contribution claim. As the Appellate ... even if that percentage met the sixty-percent threshold of N.J.S.A. 2A:15-5.3(a), best furthered the Legislature’ ...

docket:	A-75-15
court:	NJ Supreme Court
decided:	2017-07-27
status:
citation:	230 N.J. 142 165 A.3d 769
Document Size:	127291

25 State v. Bobby Perry -- rank: 848

... considers the admissibility, under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7, of DNA evidence from the victim’s ... filed a motion under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence ... on one count each of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7). On the eve of trial ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a), and three years of ...

docket:	A-34-14
court:	NJ Supreme Court
decided:	2016-05-17
status:
citation:	225 N.J. 222 137 A.3d 1130
Document Size:	114833

26 STATE OF NEW JERSEY VS. XAVIER EPPS -- rank: 848

... in a Hudson County indictment with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:11-3(a) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1) (count two); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count three); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1) (count four). The charges stemmed ... count one, as amended to charge second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). During the June 8, ...

docket:	a1064-21
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	63522

27 State v. Nance/Bolton/Williams -- rank: 848

... the Court considers whether an amendment to the Graves Act, N.J.S.A. 2C:43-6.2 (section 6.2), which authorizes a ... period of parole ineligibility from three years, as prescribed by N.J.S.A. 2C:43-6(c), to one year. The sentencing judge ... that would otherwise be imposed pursuant to the Graves Act. N.J.S.A. 2C:43-6(c). The State represented to the sentencing ... or designee) must consider the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) when he or she chooses between ... mandatory minimum terms of incarceration that the statute otherwise requires. N.J.S.A. 2C:43-6.2. Section 6.2 was enacted to ... she “shall place the defendant on probation pursuant to [ N.J.S.A. 2C:43-2(b)(2)] or reduce to one ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

28 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.A.R and Y.R. and J.J.E -- rank: 848

... fact-finding hearing, the trial court entered an order under N.J.S.A. 9:6-8.21(c), finding Yogi abused or neglected ... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence. The ... met its burden under prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). She argues the judge relied ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a3263-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	53020

29 State v. David Bass -- rank: 848

... II. A grand jury charged defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); first-degree attempted murder, N.J.S.A. 2C:5-1, 2C:11-3(a)(1) and (2); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:58-4; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1). Defendant was tried before ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

30 In the Matter of the Revocation or the Suspension of the Provisional Accreditation of and/or the Imposition of Probation on Eastwick College LPN-to-RN Bridge Program -- rank: 848

... paid to commissioners, and (b) health benefits for the commissioners. N.J.S.A. 40:41A-31 to -44 of the Optional County Charter ... accordance with the Municipal and County Utilities Authorities Law (MCUAL), N.J.S.A. 40:14B-1 to -78. Consistent with MCUAL requirements, the ... had violated requirements of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21. The Authority held another meeting ... her unilateral action was contrary to and in violation of N.J.S.A. 40:14B-16. Likewise, the County Executive’s use of ... 5000 stipend) being paid to the commissioners since 1979 violated N.J.S.A. 40:14B-17 and must be declared void. However, in ... does not reveal a conflict between the two statutory schemes. N.J.S.A. 40:14B-16 establishes that the commissioners hold their ...

docket:	A-35-14
court:	NJ Supreme Court
decided:	2016-07-13
status:
citation:	225 N.J. 533 139 A.3d 1146
Document Size:	129841