Search Rutgers Law Library N.J. Court Opinions

181 State v. Jacinto K. Hightower -- rank: 846

... indicted for purposeful murder by his own conduct, contrary to N.J.S.A. 2C:39-5b.          In October 1986, the jury found defendant ...

docket:	a-22-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 239
Document Size:	115509

182 /usr/local/share/www/libweb/collections/courts/supreme/a-18-19-20-17.opn.html -- rank: 846

... sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard ... their entire record under the new drug court expungement statute, N.J.S.A. 2C:35-14(m). The trial court granted all three ... determine whether expungement would be consistent with the public interest. N.J.S.A. 2C:35-14(m)(2); id. § 52-2(c ... conviction.” Kollman, 210 N.J. at 570-71 (quoting N.J.S.A. 2C:52-2(a)(2) (2010)). Some crimes are not ... finds that expungement is consistent with the public interest.” N.J.S.A. 2C:52-2(c)(3) (emphasis added). To make ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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183 STATE V. JOSEPH LEON HALISKI -- rank: 846

... found defendant guilty of first-degree robbery, a violation of N.J.S.A. 2C:15-1. In a presentence hearing conducted pursuant to N.J.S.A. 2C:43-6d, the trial court found that defendant was ... to a mandatory extended-term sentence under the Graves Act, N.J.S.A. 2C:43-6c. The court found that a mandatory extended ... the court must impose initially an ordinary prison term because N.J.S.A. 2C:44-4b directs that a conviction is not to ... case requires us to resolve the tension between two statutes, N.J.S.A. 2C:43-6c and N.J.S.A. 2C:44-4b, which touch upon the legislative intent ...

docket:	a-59-94
court:	njsupreme
decided:	1995-04-20
status:
citation:	140 N.J. 1
Document Size:	91045

184 State v. L.H. -- rank: 846

... with first-degree kidnapping of M.H. and A.D., N.J.S.A. 2C:13-1(b)(1) (two counts); first-degree aggravated sexual assault of M.H. and A.D., N.J.S.A. 2C:14-2(a)(3) (four counts); second-degree aggravated assault of M.H. and A.D., N.J.S.A. 2C:12-1(b)(1) (three counts); first-degree attempted aggravated sexual assault of V.B., N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2(a)(3) (one count); and third-degree terroristic threats to M.H. and A.D., N.J.S.A. 2C:12-3(a) (two counts). The indictment alleged ...

docket:	a-59-17
court:	NJ Supreme Court
decided:	2019-07-22
status:
citation:	--- A.3d ----
Document Size:	115311

185 New Jersey Division of Youth and Family Services v. C.M. -- rank: 846

... four-prong test for terminating parental rights is found at N.J.S.A. 30:4C:15-1(a), which states that DYFS shall ... trial court referenced the four-prong test codifi ed in N.J.S.A. 30:4C-15.1 (a) . In respect of the first ... unwilling or unable to eliminate the harm facing the child , N.J.S.A. 30:4C-15.1(a)(2) -- the trial court again ... regard to . . . [defendant]." Turning to the third prong listed in N.J.S.A. 30:4C-15.1 (a)(3) , the trial court ruled ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Accepting Dr. Perdomo's ... s findings in respect of each of the prongs of N.J.S.A. 30:4C-15.1(a) and, in an unpublished ...

docket:	a-74-08
court:	supreme
decided:	2010-06-01
status:
citation:	202 N.J. 145 996 A.2d 986
Document Size:	317165

186 Kemp v. State of New Jersey -- rank: 846

... Court.      The primary issue in this appeal is whether either N.J.S.A. 59:6-4 of the Tort Claims Act (“TCA”) or N.J.S.A . 26:11-12 (now repealed) immunizes defendants from liability for ... moved for summary judgment on several grounds, including immunity under N.J.S.A . 59:6-4 (excepting a public entity from the grant ... an examination or diagnosis for the purpose of treatment) and N.J.S.A . 26:11-12. (granting immunity to county boards and its ... discretion”). The trial court denied summary judgment, finding that neither N.J.S.A. 59:6-4 nor N.J.S.A . 26:11-12 immunized defendants from liability.     The Appellate ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

187 Payton v. New Jersey Turnpike Authority -- rank: 846

... it was vicariously liable under the Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 to -42, for the supervisors' conduct.     On ... the doctrine. E.     The Open Public Meetings Act ("the Act"), N.J.S.A. 10:4-6 to -21, guarantees the public notice of ... of individuals would be clearly in danger of unwarranted invasion. [ N.J.S.A. 10:4-7.]     Although the Act creates a strong presumption of access to the meetings of public bodies, N.J.S.A. 10:4-12a, it does enumerate certain circumstances under which the presumption is rebutted. N.J.S.A. 10:4-12b. Those exceptions, though important, are qualified in ... of individuals would be clearly in danger of unwarranted invasion." N.J.S.A. 10:4-7 (emphases added); e.g. , Accardi v. ...

docket:	a-91-96
court:	njsupreme
decided:	1997-03-26
status:
citation:	146 N.J. 495
Document Size:	88053

188 Mary Kibble v. Weeks Dredging & Construction Co -- rank: 846

... who settles his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the future ... who settles his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the future ... benefits in the event of the worker's death. See N.J.S.A. 34:15-13. The Division of Workers' Compensation held that ... In April 1994, petitioner filed a dependency claim, pursuant to N.J.S.A. 34:15-1 to -128, in the event of permanent ... the Act requires payment of benefits to the workers' dependents. N.J.S.A. 34:15-13. Our cases emphasize that "[t]he rights ... other benefits arising out of such claim under the statute. [ N.J.S.A. 34:15-20.]     For a Section 20 lump-sum ...

docket:	a-38-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 178
Document Size:	103217

189 /usr/local/share/www/libweb/collections/courts/supreme/a-72-18.opn.html -- rank: 846

... to a penalty or a forfeiture of his estate.” N.J.S.A. 2A:84A-19; N.J.R.E. 503 (emphasis added ... therefore, a matter must first be found to be incriminating. N.J.S.A. 2A:84A-18 and N.J.R.E. 502, in ... jury for (1) two counts of second-degree official misconduct ( N.J.S.A. 2C:30-2); (2) two counts of third-degree hindering the apprehension or prosecution of another person ( N.J.S.A. 2C:29-3(a)(2)); and (3) two counts of ... obstructing the administration of the law or other government function ( N.J.S.A. 2C:29-1). According to the State, its Telephone Intelligence ... Andrews’s contention that the information sought is protected by N.J.S.A. 2A:84A-19 and N.J.R.E. 503, ...

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190 State v. Barrington McDonald -- rank: 846

... sentence motion to withdraw his guilty plea was properly denied. N.J.S.A. 2C:12-1(c)(3)(a), and was issued summonses ... parking lot. Defendant thus contended that he did not violate N.J.S.A. 2C:12-1(c)(3)(a). Applying State v. Slater ... presented facts supporting his assertion that he did not violate N.J.S.A. 2C:12-1(c)(3)(a). The statute provides that ... s objective to ensure student safety, the plain language of N.J.S.A. 2C:12-1(c)(3)(a) does not limit â ... school purposes”; therefore, the Court may refer to legislative history. N.J.S.A. 2C:35-7, a statute with similar language, provides for ... used for school purposes.” In its Official Commentary to N.J.S.A. 2C:35-7, the Legislature instructed that the 1, ...

docket:	A-118-10
court:	NJ Supreme Court
decided:	2012-07-23
status:
citation:	211 N.J. 4 47 A.3d 669
Document Size:	130596

191 Sheila Aronberg v. Wendell Tolbert, et al. -- rank: 846

... for a unanimous Court. This case involves the interplay between N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for personal injuries by an uninsured motorist, and N.J.S.A. 2A:31-1 to -6, the Wrongful Death Act. Ultimately ... a rightful claim under the Wrongful Death Act or whether N.J.S.A. 39:6A-4.5(a) extinguishes that claim, just as ... support” to his mother and brother. The Survivor’s Act, N.J.S.A. 2A:15-3, permits, for the benefit of the decedentâ ... s death due to the tortious conduct of another. 2 N.J.S.A. 39 :6A-4.5(a) provides that any person who ... The majority concluded that the uninsured-motorist-lawsuit bar in N.J.S.A. 39:6A-4.5(a) should apply differently to ...

docket:	A-9-10
court:	NJ Supreme Court
decided:	2011-08-29
status:
citation:
Document Size:	79168

192 State v. John Loyal -- rank: 846

... the same offense.” N.J. Const. art. I, ¶ 11. Additionally, N.J.S.A. 2C:1-9 states:              A prosecution of a defendant for ...

docket:	a-29-99
court:	njsupreme
decided:	2000-06-27
status:
citation:	164 N.J. 418
Document Size:	141180

193 Paris Wilson v. City of Jersey City -- rank: 846

... this appeal is whether the 9-1-1 immunity statute, N.J.S.A. 52:17C-10, provides immunity to 9-1-1 operators ... protected by statutes including the 9-1-1 immunity act, N.J.S.A. 52:17C-10, and that there was insufficient evidence of ... immunity statute, the panel reasoned that only subsection (e) of N.J.S.A. 52:17C-10 is potentially applicable, but that it applies ... The Court granted certification. 205 N.J. 80 (2010). HELD : N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators ... companies, counties, and municipalities. At that time, section (b) of N.J.S.A 52:17C-10 provided immunity to 9-1-1 operators ... subsections (c), (d), and (e) . (pp. 20-26) 3. Amended N.J.S.A. 52:17C-10 expands the immunity provided to telecommunications ...

docket:	A-61-10
court:	NJ Supreme Court
decided:	2012-03-08
status:
citation:
Document Size:	181254

194 Camden Board of Education v. Nelson Alexander et als. -- rank: 846

... right to continued employment (other than the employment protections under N.J.S.A. 18A:27-4.1 (the statute) creates its own dispute ... scheme for the employment of school personnel. Included therein is N.J.S.A. 18A:27-4.1, which provides: Notwithstanding the provisions of ... E. Orange , 99 N.J. 112 , 116 (1985) (holding that N.J.S.A. 18A:17-3 did not bar collective negotiations agreement providing ... appear and to be heard prior to its vote. See N.J.S.A. 18A:27-4.1b. Each defendant not renewed for the ... our analysis in the present public-sector employment dispute. Here, N.J.S.A. 18A:27-4.1 creates its own dispute-resolution mechanism ... and unassailable. Ibid. Absent a specific agreement to the contrary, N.J.S.A. 18A:27-4.1 governs the relationship between the ...

docket:	a-35-02
court:
decided:	2004-08-12
status:
citation:
Document Size:	265870

195 Ezrina Shim v. Rutgers-The State University of New Jersey -- rank: 846

... for the Court.     This appeal involves the proper interpretation of N.J.S.A. 18A:62-4 in determining whether a student is domiciled ... Jersey resident. However, she submitted an argument noting that under N.J.S.A. 18A:62-4, individuals who have lived in New Jersey ... is presumed to be a domiciliary for tuition purposes under N.J.S.A. 18A:62-4, which establishes certain presumptions regarding domiciliary status ... of the evidence in resolving the question at issue. Under N.J.S.A. 18A:62-4, if the twelve-month standard is satisfied ... support, Rutgers interpreted its regulations in a way that violated N.J.S.A. 18A:62-4 and denied Shim a fair opportunity to ... New Jersey for four years and therefore was presumed, under N.J.S.A. 18A:62-4, to be a domiciliary for the ...

docket:	a-32-06
court:	njsupreme
decided:	2007-06-14
status:
citation:	191 N.J. 374
Document Size:	91201