Search Rutgers Law Library N.J. Court Opinions

1786 DCPP VS. A.A., T.D., AND L.G., IN THE MATTER OF X.D. AND A.G. -- rank: 833

... that defendant committed child abuse or neglect in violation of N.J.S.A. 9:6-8.21. After we heard oral argument in ... of 'imminent danger' as used in A-2016-22 3 N.J.S.A. 9:6-8.21(c)(4). The Court held that ... to exercise a minimum degree of care as required under N.J.S.A. 9:6-8.21 when defendant did nothing after A ... for our consideration: POINT I THE DETERMINATION THAT [DEFENDANT] VIOLATED N.J.S.A. 9:6-8.21(c) WAS NOT BASED ON EVIDENCE ... N.J. Super. 135, 146 (App. Div. 2016); see also N.J.S.A. 9:6-8.8(a) (providing that under Title 9 ... a child is an abused or neglected child pursuant to N.J.S.A. 9:6-8.44.' N.J. Div. of Youth & ...

docket:	a2016-22
court:	appellate
decided:	2024-06-25
status:	Unpublished
citation:
Document Size:	46653

1787 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. JOSEPH J. CALDEIRA, SR., et al. -- rank: 833

... and their related entities, under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20 to -34 (the Fraudulent Transfer Act or ... Jr. with the intent to defraud the DEP, pursuant to N.J.S.A. 25:2-25a (actual fraud). Count two alleges that Caldeira ... without receiving a reasonably equivalent value in exchange," pursuant to N.J.S.A. 2A:14-1.2, the general statute of limitations for ... not time-barred. If the four-year limitations period of N.J.S.A. 25:2-31 applies, then the action is time-barred ... Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. See footnote 3 3 The ... the former BPU in its rate-making capacity pursuant to N.J.S.A. 48:2-21. The cost of funding the closure ...

docket:	A2507-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-16
status:	published
citation:	338 N.J. Super. 203
Document Size:	66881

1788 STATE OF NEW JERSEY v. F.E.D., -- rank: 833

... compassionate release.' L. 2020, c. 106, § 1 (codified at N.J.S.A. 30:4- 123.51e); see also N.J.S.A. 30:4-123.51c (2001) (repealed by L. 2020, c ... he suffered from a 'permanent 1 We use initials because N.J.S.A. 30:4-123.51e(e)(4) declares: 'The information contained ... 04–21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e,' at 2 (Feb. 1, 2021) ('The ... information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). We withhold comment on ... release 'would not pose a threat to public safety.' See N.J.S.A. 30:4-123.51e(d), (f), (l). After the ...

docket:	a2554-20
court:	NJ Superior Court Appellate Division
decided:	2021-08-16
status:	Published
citation:
Document Size:	62080

1789 STATE v. BENNY HOGAN, JR. -- rank: 833

... 1990. That indictment charged defendant with armed robbery, contrary to N.J.S.A. 2C:15-1 (Count 1); robbery, contrary to N.J.S.A. 2C:15-1 (Count 2); armed burglary, contrary to N.J.S.A. 2C:18-2 (Count 3); burglary, contrary to N.J.S.A. 2C:18-2 (Count 4); aggravated assault, contrary to N.J.S.A. 2C:12-1b (Count 5); unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b (Count 6); and possession of a ...

docket:	a-83-95
court:	njsupreme
decided:	1996-05-23
status:
citation:	142 N.J. 458
Document Size:	69945

1790 In re Subpoena Duces Tecum on Custodian of Records -- rank: 833

... The Public Defender represents indigent defendants charged with indictable offenses. N.J.S.A. 2A:158A-5. When a defendant accused of an indictable ... whether a defendant is financially eligible for public defender services. N.J.S.A. 2A:158A-14. (pp. 12-15) 2. In 1991, the ... deny an application to rescind the determination of indigency. See N.J.S.A. 2A:158A-15.1. He or she may “obtain ... the State or of any subdivision thereof on request.” N.J.S.A. 2A:158A-15.1. In this case, the Assignment Judge ... qualify for appointed counsel, he may terminate the appointment. See N.J.S.A. 2A:158A-14, -15.1. The Court does not reach ... individuals who lack the resources to hire private counsel. See N.J.S.A. 2A:158A-14. To determine whether a defendant qualifies ...

docket:	A-25-11
court:	NJ Supreme Court
decided:	2013-05-14
status:
citation:	214 N.J. 147 68 A.3d 308
Document Size:	96700

1791 STATE OF NEW JERSEY v. TIMOTHY A. HORNE -- rank: 833

... convicted defendant Timothy A. Horne of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (causing serious bodily injury (SBI)); third-degree aggravated assault, N.J.S.A. 2C:12- 1b(2) (causing bodily injury with a firearm); fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(4) (knowingly pointing a firearm at another ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. In a separate trial that immediately followed ... defendant of second- degree certain persons not to have weapons, N.J.S.A. 2C:39-7b.1 After appropriate mergers, and after ...

docket:	a0448-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-24
status:	unpublished
citation:
Document Size:	84641

1792 STATE OF NEW JERSEY v. KHALIL WHEELERWEAVER -- rank: 833

... charged by indictment with three counts of first - degree murder, N.J.S.A. 2C:11-3(a)(1); three counts of second-degree disturbing human remains, N.J.S.A. 2C:22-1(a); second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(1); first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1); and two counts of ...

docket:	a1884-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-25
status:	Unpublished
citation:
Document Size:	60596

1793 STATE OF NEW JERSEY v. NORMAN PRICE -- rank: 833

... indictment contained: (1) two counts of second-degree money laundering, N.J.S.A. 2C:21-25(b)(2)(a), N.J.S.A. 2C:21-25(c), and N.J.S.A. 2C:2-6 (counts one and two); (2) three counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (counts three, five, and seven); (3 ... four counts of second-degree conspiracy to commit official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:30-2 (counts four, six, eight, and nine); ( ...

docket:	a2847-06
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	94802

1794 STATE OF NEW JERSEY v. ANDREAS M. ERAZO -- rank: 833

... in prison, subject to a No Early Release Act, (NERA) N.J.S.A. 2C:43-7.2, period of parole ineligibility. On appeal ... County Grand Jury returned an indictment charging defendant with murder, N.J.S.A. 2C:11-3(a)(1) (Count one); first- degree felony murder, N.J.S.A. 2C:11-3(a)(3) (Count two); three counts of first- degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), (4), and (3) (Counts three ... and five respectively); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (Count six); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (Count seven). As already noted, ...

docket:	a4408-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-28
status:	Unpublished
citation:
Document Size:	81044

1795 State of New Jersey v. Jeremiah Hupka -- rank: 833

... Hupka with first-degree aggravated sexual assault in violation of N.J.S.A . 2C:14-2 (a) (7), and second-degree sexual assault in violation of N.J.S.A . 2C:14-2 (c) (1), for an incident involving a ... statutory forfeiture and permanent disqualification from public employment pursuant to N.J.S.A . 2C:51-2 (the "statute"). Hupka would not agree to ... not compel his forfeiture of office and permanent disqualification under N.J.S.A . 2C:51-2. 1. Pursuant to the statute, a New ... for an offense involving or touching public office pursuant to N.J.S.A . 2C:51-2 (a) and (d) must examine the relationship ... or any of its administrative or political subdivisions, pursuant to N.J.S.A. 2C:51-2d." A majority of the Appellate Division ...

docket:	a-36-09
court:	supreme
decided:	2010-08-03
status:
citation:
Document Size:	116124

1796 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 833

... App. Div. 2000). Nevertheless, we address the issues. ����PLAC cites N.J.S.A. 2A:54A-1 for the proposition that public nuisance litigation ... a civil action to abate a nuisance as defined in N.J.S.A. 2C:33-12. That section of the Criminal Code refers ... the safety or health of a considerable number of persons." N.J.S.A. 2C:33-12a. However, neither statute expressly precludes a municipality ... welfare of local residents by abatement of nuisances); see also N.J.S.A. 40:48-2 (vesting in municipalities legislative police power to ... from seeking such relief. In fact, the Court held that N.J.S.A. 40:55-47, now repealed, which empowered municipalities to provide ...

docket:	a3487-01
court:	njappellate
decided:	2003-03-11
status:	published
citation:	*CITE_PENDING*
Document Size:	92721

1797 RAYMOND G. MORISON, JR. VS. THE WILLINGBORO BOARD OF EDUCATION, ET AL. -- rank: 833

... s determination of discipline through the procedures set forth in N.J.S.A. 18A:6-17.1 prevents the State Board of Examiners ... teach within this State, under the procedures set forth in N.J.S.A. 18A:6-38 to -39. A-1280-22 2 Appellant ... and affirm. The statewide teacher certificate revocation process authorized in N.J.S.A. 18A:6-38 and -39 operates separately from the teacher tenure arbitration process under N.J.S.A. 18A:6-17.1. The manifest legislative intent is for ... pupils in a New Jersey public school. The pertinent statute, N.J.S.A. 18A:6-38, prescribes that the Board of Examiners within ... as school nurses, principals, and other administrators and staff. See N.J.S.A. 18A:6-38. To the extent pertinent, we include ...

docket:	a1280-22
court:	appellate
decided:	2024-03-26
status:	Published
citation:
Document Size:	51081

1798 Franklin Tower One v. N.M. -- rank: 833

... for a unanimous Court. ����The issue on appeal is whether N.J.S.A. 2A:42-100 prohibits a landlord that has never participated ... for Section 8 benefits during the course of her tenancy. ���� N.J.S.A. 2A:42-100 provides that a landlord cannot refuse to ... not required to accept a Section 8 voucher and that N.J.S.A. 2A:42-100 was preempted under the Supremacy Clause because ... Division reversed the decision of the trial court, holding that N.J.S.A. 2A:42-100 and Section 8; therefore, it held that ... granted Franklin Tower's petition for certification. HELD: ����The requirements N.J.S.A. 2A:42-100, which prohibits landlords from refusing to accept ... the only published opinion in New Jersey that has addressed N.J.S.A. 2A:42-100 . That case is distinguishable because it ...

docket:	a-159-97
court:	njsupreme
decided:	1999-03-23
status:
citation:	157 N.J. 602
Document Size:	66807

1799 State v. Paulino Njango -- rank: 833

... he must serve under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In 2007, in accordance with a ... should have imposed consecutive sentences rather than concurrent sentences under N.J.S.A. 2C:44-5(h). The trial court found the statute ... supervision after completing the custodial portion of his sentence. See N.J.S.A. 2C:43-7.2(c). 1 The court rejected Njango� ... of the State Parole Board as if on parole.” N.J.S.A. 30:4-123.51b(a). Under New Jersey jurisprudence, parole ... he must serve under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The post-conviction relief court found ... the 2006 indictment, Njango pled guilty to first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); first-degree attempted murder, ...

docket:	a-79-19
court:	NJ Supreme Court
decided:	2021-08-03
status:
citation:
Document Size:	50035

1800 IN RE PELVIC MESH GYNECARE LITIGATION -- rank: 833

... But the physician-patient privilege, N.J.R.E. 506; N.J.S.A. 2A:84A-22.1 to -22.7, has limited significance ... J. 368 , 373 (1985); see N.J.R.E. 506; N.J.S.A. 2A:84A-22.4. A plaintiff in these cases cannot ... 368 , 374 (1985) (citing L. 1968, c. 185 (codified at N.J.S.A. 2A:84A-22.1 to -22.7)). 5 We are ...

docket:	a5685-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-01
status:	published
citation:	426 N.J. Super. 167 43 A.3d 1211
Document Size:	108099