Search Rutgers Law Library N.J. Court Opinions

1606 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. G.T.M. -- rank: 835

... 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 focuses ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon ...

docket:	a4816-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	111970

1607 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16corropn.opn.html -- rank: 835

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	50366

1608 STATE OF NEW JERSEY v. ALRASHIM N. CHAMBERS -- rank: 835

... 2017, defendant was indicted on charges of first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2) (count one); second-degree unlawful possession of a weapon without a permit, N.J.S.A. 2C:39-5(b) (count A-2551-19 6 two ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three); and fourth-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(3) (count four). Allen was named ... defendant and indicted on charges of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); fourth- degree unlawful possession of ... a knife, under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5(d); and third-degree possession of ...

docket:	a2551-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:	Unpublished
citation:
Document Size:	72401

1609 /usr/local/share/www/libweb/collections/courts/appellate/a5432-15a0567-16.opn.html -- rank: 835

... raise a novel issue under the Construction Lien Law (CLL), N.J.S.A. 2A:44A-1 to -38, pertaining to the demolition, not ... its demolition work, constitutes an element of the 'contract price,' N.J.S.A. 2A:44A-2, and enhances the size of the 'lien fund' available to lien claimants, N.J.S.A. 2A:44A-9. However, the net value of the fund ... court initially granted Creative's request for counsel fees under N.J.S.A. 2A:44A-15(a), the court vacated the order upon ... accordance with the contract and based upon the contract price . . . .' N.J.S.A. 2A:44A-3(a). Lien claims pertain to a 'written contract for improvement' of real property. N.J.S.A. 2A:44A-8 (Construction Lien Claim form). 'Improvement' to ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67950

1610 Dr. Dominick A. Lembo v. Arlene Marchese -- rank: 835

... depositing or cashing those checks, subject to the defenses in N.J.S.A. 12A:3- 405 or N.J.S.A. 12A:3-406. In lieu of filing an answer, TD ... of employing honest fiduciaries. The current version of the UFL, N.J.S.A. 3B:14-52 to -61, which was enacted in 1981 ... The relevant UFL provisions at issue in this case are N.J.S.A. 3B:14-55 and -58. The Court reviews those provisions ... forged indorsements. In the absence of a defense under either N.J.S.A. 12A:3-405 or N.J.S.A. 12A:3-406, TD Bank would have been strictly ...

docket:	a-92-18
court:	NJ Supreme Court
decided:	2020-06-17
status:
citation:
Document Size:	54395

1611 STATE OF NEW JERSEY v. ZAIRE J. CROMEDY -- rank: 835

... unlawful possession of a handgun without a permit, pursuant to N.J.S.A. 2C:39- - 5(b)(1) and N.J.S.A. 2C:39-5(j). Because defendant was previously convicted of charges subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.1, his conviction was upgraded from a second- to a first-degree offense pursuant to N.J.S.A. 2C:39-5(j). The Graves Act, N.J.S.A. 2C:43-6(c), provides a mandatory term of incarceration ... conviction. He argues the Graves Act does not apply to N.J.S.A. 2C:39-5(j). We hold N.J.S. ...

docket:	a1145-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-04
status:	Published
citation:
Document Size:	40834

1612 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 835

... act which would constitute homicide . . . if committed by an adult,' N.J.S.A. 2A:4-48, and 'together with the absence of any ... defendant with unlawful possession of a weapon (the tire iron), N.J.S.A. 2C:39-4(d) (count one); and two counts of knowing murder, N.J.S.A. 2C:11-3(a)(2) (counts two and three). On ... not more than 30 years.' Id. at 414-15 (citing N.J.S.A. 2A:113-3, -4). 5 A-4368-19 term. 3 ... of parole, the mandatory minimum sentence for felony murder under N.J.S.A. 2C:11-3(b)(1). Id. at ___ (slip op. at ... parole ineligibility imposed by the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2. Id. at ___ (slip op. at ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

1613 STATE OF NEW JERSEY v. TYWON M. MOSS -- rank: 835

... defendant pled guilty to four counts of first-degree robbery, N.J.S.A. 2C:15-1(a)(2), and one count of first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1). 1 A BB gun is ... indictment charging defendant with six counts of first-degree robbery, N.J.S.A. 2C:15-1(a)(2), seven counts of first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1), two counts of first-degree attempted robbery, N.J.S.A. 2C:5-1 and 2C:15-1(a)(2), second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(2), ...

docket:	a2837-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-21
status:	Unpublished
citation:
Document Size:	66415

1614 MANUEL GUAMAN v. JENNIFER VELEZ -- rank: 835

... enacting the "'New Jersey Medical Assistance and Health Services Act,'" N.J.S.A. 30:4D-1 to -19.5, administered by DHS through the Division. N.J.S.A. 30:4D-3(c) and 30:4D-4. The program ... for medical assistance provided by the Federal Social Security Act. [ N.J.S.A. 30:4D-2 (emphasis added).] As originally enacted, our statute ... a citizen of the United States or an eligible alien[.]" N.J.S.A. 30:4D-3(i). An "'[e]ligible alien'" was defined ... who entered the United States at least five years ago." N.J.S.A. 30:4D-3(q). In 2005, the Legislature adopted The Family Health Care Coverage Act (FHCCA), N.J.S.A. 30:4J-8 to -19, which re-established, reformed, ...

docket:	m3432-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-12
status:	Published
citation:
Document Size:	72283

1615 STATE OF NEW JERSEY v. EUGENE LAVERGNE -- rank: 835

... by a jury of second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, and fourth-degree contempt, N.J.S.A. 2C:29-9(a), and sentenced to an aggregate term ... formal claim for commissions, attorney fees, and costs, pursuant to N.J.S.A. 3B:14-24 2 In an order dated August 22 ... was entrusted whether or not [defendant] . . . derived a pecuniary benefit. [N.J.S.A. 2C:21-15.] A-3210-14T2 12 Further, the State ... disobey[ed] a judicial order' to support a contempt conviction. N.J.S.A. 2C:29-9(a). III. In Point II, defendant argues ... 364-65 (1984)).] Here, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of 'commit[ting] ...

docket:	a3210-14
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	76805

1616 IMO Civil Commitment of J.M.B. -- rank: 835

... the Court. The New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, defines a "sexually ... New Jersey's Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38, which defines a ... reason of insanity for commission of a sexually violent offense." N.J.S.A. 30:4-27.26. A "sexually violent offense" can be ... who requires "continued involuntary commitment as a sexually violent predator." N.J.S.A. 30:4-27.25. The Act is intended "to modify ... a danger to others should they be returned to society." N.J.S.A. 30:4-27.33. Although neither a person unable to ... standard of proof: clear and convincing evidence is required. See N.J.S.A. 30:4-27.32(a). 1 Our dissenting colleague ...

docket:	a-79-07
court:
decided:	2009-02-23
status:
citation:	197 N.J. 563 964 A.2d 752
Document Size:	114945

1617 STATE OF NEW JERSEY v. ZAKRY S. SHIVERS -- rank: 835

... to the requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals from his conviction and ... years of age at the time the crime was committed, N.J.S.A. 2C:44-1(b)(14). Unpersuaded by defendant's arguments ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44- 1(b)(14), AND BECAUSE THE TRIAL COURT ... a mandatory statutory mitigating factor under A-5454-18 30 N.J.S.A. 2C:14-1(b)(14). He also argues the court ... in its assessment of the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b), and had the court ... range for a crime one-degree lower as permitted under N.J.S.A. 2C:44-1(f)(2). We consider the arguments ...

docket:	a5454-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	72505

1618 /usr/local/share/www/libweb/collections/courts/appellate/a4848-14.opn.html -- rank: 835

... parole ineligibility period under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant challenges the Family ... committed by an adult, would constitute first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); 1 Miranda v. Arizona, 384 ... A-4848-14T4 second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); second-degree robbery, N.J.S.A. 2C:15-1; and first-degree conspiracy, N.J.S.A. 2C:5-2(a)(1). The State thereafter moved ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67298

1619 State v. Eugene Basil -- rank: 835

... use it unlawfully against a person or property of another, N.J.S.A. 2C:39-4(a), and third-degree knowingly possessing the ... shotgun without having first obtained a firearm purchaser identification card, N.J.S.A. 2C:39-5(c)(1). In a pre-trial motion ... use it unlawfully against the person or property of another, N.J.S.A. 2C:39-4(a), and third-degree knowingly possessing the ... shotgun without having first obtained a firearms purchaser identification card, N.J.S.A. 2C:39-5(c)(1). In a pretrial motion, defendant ... with a five-year period of parole ineligibility. 7 See N.J.S.A. 2C:43-7 and 2C:44-3(a). B. The ... held accountable for a false tip.” Ibid. ; see also N.J.S.A. 2C:28-4(a) (“A person who knowingly ...

docket:	a-34-09
court:	NJ Supreme Court
decided:	2010-07-20
status:
citation:	202 N.J. 570 998 A.2d 472
Document Size:	236569

1620 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.R.-R. -- rank: 835

... three of the statutory four-prong best interests test under N.J.S.A. 30:4C-15.1(a), alternatives to termination of 1 ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- 15.1(a) requires the Division prove by ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Dodd Act ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C- 15.1(a). Based on those findings, the ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a0716-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:	Unpublished
citation:
Document Size:	51773