Search Rutgers Law Library N.J. Court Opinions

1876 STATE OF NEW JERSEY v. GARY ROBERT DAVIS -- rank: 833

... controlled dangerous substance (CDS) in the third-degree, contrary to N.J.S.A. 2C:35-7 (count four); and third-degree distribution of ... on or within 1000 feet of school property, contrary to N.J.S.A. 2C:35-7 (count five). We affirm defendant's convictions ... with third-degree conspiracy to possess a CDS, contrary to N.J.S.A. 2C:5-2 and 194 N.J. 186 , 206 (2008 ... disqualifier," he is now entitled to a remand pursuant to N.J.S.A. 2C:35-7 and State v. Vasquez , 129 N.J. 189 (1992). N.J.S.A. 2C:35-7 states, in pertinent part, that "[a]ny person who violates subsection a. of N.J.S.A. 2C:35-5 by distributing, dispensing or possessing with ...

docket:	a1859-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-10
status:	unpublished
citation:
Document Size:	91653

1877 TOO MUCH MEDIA, LLC. v. SHELLEE HALE -- rank: 833

... decide whether the protections of New Jersey's Shield Law, N.J.S.A. 2A:84A-21, extend to an operator of a website ... including a violation of New Jersey's Consumer Fraud Act, N.J.S.A. 56:8-1 to -106, and New Jersey's Identity Theft Protection Act, N.J.S.A. 56:8-161 to -167. In another post on Oprano ... to be a journalist and invoking the newsperson's privilege, N.J.S.A. 2A:84A-21, defendant sought a protective order preventing disclosure ... of her "confidential" sources. Following a plenary hearing pursuant to N.J.S.A. 2A:84A-21.3, the motion judge denied the application ... news media and her information was not "newsworthy." I (i) N.J.S.A. 2A:84A-21 , entitled "Newsperson's privilege" and commonly ...

docket:	a0964-09
court:	superior court appellate division
decided:	2010-04-22
status:	published
citation:	413 N.J. Super. 135 993 A.2d 845
Document Size:	130038

1878 DIVISION OF YOUTH AND FAMILY SERVICES v. N.G. IN THE MATTER OF THE GUARDIANSHIP OF K.G., a minor -- rank: 833

... four-prong test for termination of parental rights, codified in N.J.S.A. 30:4C-15.1. As to the first prong, Judge ... the Authority to Seek Termination of Parental Rights Pursuant To N.J.S.A. 30:4C-15(c) Because DYFS Never Had a Legal ... legal right to "care or custody" which is required under N.J.S.A. 30:4C-15(c). B. The Trial Court Improperly Determined ... custody and could not pursue a guardianship action pursuant to N.J.S.A. 30:4C-15(a). DYFS responds that N.G. consented ... of parental rights proceeding under Title Thirty, see, e.g. , N.J.S.A. 30:4C-15(a) (providing that termination of parental rights ... R.D. , 207 N.J. 88 , 111-12 (2011).] Rather, N.J.S.A. 30:4C-15 provides for alternative routes to a ...

docket:	a5796-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	53491

1879 State v. Edgar Torres -- rank: 833

... the court determines at the time of sentence.” See N.J.S.A. 2C:44-5. The Legislature nonetheless made it clear that ... consecutive sentences, was expressly disapproved by the Legislature, which amended N.J.S.A. 2C:44-5(a) in 1993 to clarify that â ... factors, as well as the stated purposes of sentencing in N.J.S.A. 2C:1-2(b), in their totality, inform the sentenceâ ... concurrent/consecutive decision within the discretion of the sentencing court. N.J.S.A. 2C:44-5(a) states only that “multiple sentences ... consecutively as the court determines at the time of 1 N.J.S.A. 2C:1-1 to :104-9. 2 sentence.” There ... narrow exceptions where statutory direction exists on this subject. See N.J.S.A. 2C:44-5(b)(3), -5(c), and -5( ...

docket:	a-52-19
court:	NJ Supreme Court
decided:	2021-05-11
status:
citation:
Document Size:	74693

1880 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B. -- rank: 833

... concern as being in the interests of the general welfare . . . .' N.J.S.A. 30:4C-1(a). Parental rights, however, are not inviolable ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also A.W., 103 ... a possible resource placement. Inasmuch as the fourth prong of N.J.S.A. 30:4C-15.1(a) requires balancing the potential future ... judgment of conviction for endangering the welfare of a child, N.J.S.A. 2C:24-4(a). In ruling the judgment of conviction ... and visitation, not on termination of parental rights. In that N.J.S.A. 9:2-4.1(b) provides that a person convicted ... 418, 434 (App. Div. 2002) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The second prong ...

docket:	a0498-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	53345

1881 State v. Donald Loftin -- rank: 833

... knowingly causing by his own conduct the death of Marsh, N.J.S.A. 2C:39-4a. On October 20, 1992, the State served ... to a degree sufficient to constitute a defense to prosecution, N.J.S.A. 2C:11-3c(5)(d).” In the “catch-all” mitigating ... probation department must conduct a presentence investigation as required by N.J.S.A. 2C:44-6, and must report the findings to the ... sentenced for a first or second degree crime involving violence . . . . [ N.J.S.A. 2C:44-6b.] Footnote: 10 Christie also noted that there ...

docket:	a-78-05
court:	njsupreme
decided:	2007-06-05
status:
citation:	191 N.J. 172
Document Size:	123243

1882 STATE OF NEW JERSEY v. REMARNO CHAMBERS -- rank: 833

... of fourth-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(12). Because the court erred by ... 2010: second- degree attempted aggravated sexual assault upon I.S., N.J.S.A. 2C:14-2(a)(7) and N.J.S.A. 2C:5-1(a)(1) (count one), third-degree aggravated criminal sexual contact with I.S., N.J.S.A. 2C:14-3(a) (count two), fourth-degree possession with intent to distribute marijuana, N.J.S.A. 2C:35-5(b)(12) (count three), third-degree distribution of a controlled dangerous substance, alprazolam, N.J.S.A. 2C:35-5(b)(3) (count four), and third- ...

docket:	a1144-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	82807

1883 IN THE MATTER TRUST CREATED BY AGREEMENT DATED DECEMBER 20, 1961, by and between JOHN SEWARD JOHNSON, GRANTOR, and PHILIP B. HOFFMAN, GUSTAV O. LIENHARD and KENNETH PERRY, TRUSTEES, et al. -- rank: 833

... are permitted by statute. R. 4:42-9(a)(8). N.J.S.A. 3B:14-23( 1 ) authorizes trustees to "employ and compensate ...

docket:	A1487-03
court:	NJ Superior Court Appellate Division
decided:	2006-08-17
status:	unpublished
citation:
Document Size:	136406

1884 State v. Oscar Lee Kirk -- rank: 833

... sentence under the guidelines promulgated pursuant to State v. Lagares .      N.J.S.A. 2C:43-6f (section 6f) is the mandatory extended term ... defendant of third-degree possession of cocaine, a violation of N.J.S.A. 2C:43-6f was granted. Defendant was sentenced to an ... sentence. II     The State argues that the Appellate Division misinterpreted N.J.S.A. 2C:43-6f and improperly construed the Lagares guidelines. The ... statute for repeat drug offenders involved in this case is N.J.S.A. 2C:43-6f. It was enacted as part of the Comprehensive Drug Reform Act of 1987 (Act). N.J.S.A. 2C:35-1 to -23 and N.J.S.A. 2C:36-1 to -9. The articulated objectives of ...

docket:	a-130-95
court:	njsupreme
decided:	1996-07-10
status:
citation:	145 N.J. 159
Document Size:	52596

1885 SHERMAN V. CITIBANK (SOUTH DAKOTA), N.A. -- rank: 833

... that New Jersey's Retail Installment Sales Act of 1960, N.J.S.A. 56:8-2, -19. Finally, plaintiff contends that the imposition ... late fees, which are not directly related to borrowing money. N.J.S.A. 17:13A-, which governs installment loan rate advertising, defines interest ... made on loans in addition to interest or finance charges. [ N.J.S.A. 17:13-104b specifically authorizes New Jersey credit unions to ... balance of any loan placed for collection after default thereon.             [ N.J.S.A. 17:13-104b (emphasis added).] N.J.S.A. 17:9A- governs a banking institution's authority to make check loans and other loans, N.J.S.A. 17:9A-59.1 to -59.17, small business ...

docket:	a-102-94
court:	njsupreme
decided:	1995-11-28
status:
citation:	143 N.J. 35
Document Size:	152600

1886 KAROL MAW v. ADVANCED CLINICAL COMMUNICATIONS, INC., et al. -- rank: 833

... her claim under both the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, and the common law for ... 33-34 (1971) (citing to New Jersey's Antitrust Act, N.J.S.A. 56:9-1 to -19, for proposition that employers have ... CEPA, an "employer" is liable for retaliation against an employee. N.J.S.A. 34:19-3. An "employer" is defined as "any individual ... same remedies that are available "in common law tort actions." N.J.S.A. 34:19-5. We therefore also reverse the judgment insofar ... State law, rule or regulation or under the common law." N.J.S.A. 34:19-8. Thus, "[p]arallel claims based on those ... 27 ("we are persuaded that the Legislature intended that the N.J.S.A. 34:19-8 waiver prevent an employee from pursuing ...

docket:	a3606-01
court:	njappellate
decided:	2003-04-16
status:	published
citation:	359 N.J. Super. 420
Document Size:	59507

1887 KENNETH FRANCO, v. FAIRLEIGH DICKINSON UNIVERSITY -- rank: 833

... related public policies. The Social Host Liability Act (SH Act), N.J.S.A. 2A:15-5.5 to -5.8, does not apply ... adult when they are eighteen years of age or older. N.J.S.A. 9:17B-3. Persons can legally purchase and consume alcohol ... when they are twenty-one years of age or older. N.J.S.A. 9:17B-1(b). Accordingly, an 'of-age adult' is ... RAs are protected by the Charitable Immunity Act (CI Act), N.J.S.A. 2A:53A-7 to -11, which shields them from claims ... alcohol if his or her BAC is .08% or greater. N.J.S.A. 39:4-50(a). Stellaccio, one of the Suitemates, saw ... attained the legal age to purchase and consume alcoholic beverages.' N.J.S.A. 2A:15-5.5. Franco was not of legal ...

docket:	a3055-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-25
status:	Published
citation:
Document Size:	70910

1888 /usr/local/share/www/libweb/collections/courts/appellate/a3275-12xx.opn.html -- rank: 833

... charged with second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4. Following J.R.'s arrest, C.D ... statutory standards for terminating parental rights as set forth in N.J.S.A. 30:4C-15.1(a) (Act). The court entered its ... of the "best interests of the child" test, codified in N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... convincing' proof."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove ... has endangered the child's health and development." Ibid. (quoting N.J.S.A. 30:4C–15.1(a)(2)). Alternatively, this prong is ... led to the removal of the children from the home. N.J.S.A. 30:4C–15.1(a)(3). Also, the court ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	65655

1889 State of New Jersey v. Darien Weston -- rank: 833

... a hearing, defendant was waived to adult court pursuant to N.J.S.A. 2A:4A-26. II. A grand jury indicted defendant for first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2); third-degree unlawful possession of a weapon, 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(a); first-degree carjacking, N.J.S.A. 2C:15-2(a)(1)-(4); first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) or (2); first-degree ...

docket:	A-61-13
court:	NJ Supreme Court
decided:	2015-06-25
status:
citation:	222 N.J. 277 118 A.3d 331
Document Size:	96923

1890 STATE OF NEW JERSEY v. LEROY TUTT -- rank: 833

... parole disqualifier pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, to be served concurrent with the ... to Count Seventeen of the indictment, second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), as well as an accusation ... seventy-four counts of the indictment: 1) first-degree racketeering, N.J.S.A. 2C:41-2(c)-(d) (Count One); 2) second-degree conspiracy to distribute heroin, cocaine, and marijuana, N.J.S.A. 2C:35-5(a)(1), (b)(3), (b)(11), within 500 feet of certain public property, N.J.S.A. 2C:35-7.1, and within 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Three); 3) second-degree conspiracy ...

docket:	a4042-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-18
status:	unpublished
citation:
Document Size:	65563