Search Rutgers Law Library N.J. Court Opinions

1996 STATE OF NEW JERSEY v. N.K. -- rank: 832

... was charged in an indictment with second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count one), third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count two), and fourth-degree lewdness, N.J.S.A. 2C:14-4(b)(1) (count three). The charges were ... subject to the requirements of the No Early Release Act, N.J.S.A. 2C:43-7.2. This appeal followed. On appeal, defendant ... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4-4(a). 'The test for competency to stand ... on criminal charges if the proofs satisfy the requirements of N.J.S.A. 2C:4-4(b). See State v. Gorthy, 226 ...

docket:	a5163-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	97120

1997 THE MEDICAL CENTER AT PRINCETON et al. v. THE TOWNSHIP OF PRINCETON ZONING BOARD OF ADJUSTMENT -- rank: 832

... The intent of both the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70d, (section d), fall within the umbrella of ... both municipalities joined in creating a regional planning board. See N.J.S.A. 40:55D-77. The Princeton Regional Planning Board (the Regional ... set forth the statutory scheme relating to inherently beneficial uses.      N.J.S.A. 40:55D-70 governs applications for "use" or "section d ... and the purpose of the zone plan and zoning ordinance.                  [ N.J.S.A. 40:55D-70d (footnote omitted).]                       The provision requires an applicant ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70d (emphasis added). It is an applicant's ... of the Municipal Land Use Law as set forth in N.J.S.A. 40:55D-2. Second, the ordinance must be "substantially ...

docket:	a6885-98
court:	njappellate
decided:	2001-06-28
status:	published
citation:	343 N.J. Super. 177
Document Size:	101639

1998 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D. -- rank: 832

... his four biological children at significant risk of harm under N.J.S.A. 9:6-8.21(c). In an oral decision, the ... statements, which he contends were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). Defendant challenges the court ... the Division's proofs must be 'competent, material and relevant.' N.J.S.A. 9:6-8.46(b). A Family Court's determination ... that a child's statements were corroborated as required by N.J.S.A. 9:6-8.46(a)(4)). Under N.J.S.A. 9:6-8.46(a)(4), 'previous statements made by ... statements are insufficient to support a finding of corroboration under N.J.S.A. 9:6-8.46(a)(4). Id. at 523. ...

docket:	a3127-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	published
citation:	455 N.J.Super. 144 188 A.3d 363
Document Size:	82339

1999 State v. Carl J. Garrison -- rank: 832

... sexual assault of a victim less than thirteen, contrary to N.J.S.A. 2C:14-2(a)(1); two counts of second-degree ... at least four years older than the victim, contrary to N.J.S.A. 2C:14-2(b); four counts of second-degree sexual assault by force or coercion, contrary to N.J.S.A. 2C:14-2(c)(1); and one count of third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a). Prior to trial, defendant moved to ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, arguing that evidence of ...

docket:	A-38-15
court:	NJ Supreme Court
decided:	2017-03-20
status:
citation:	228 N.J. 182 155 A.3d 996
Document Size:	71525

2000 Sofia T. Torres v. Javier Pabon -- rank: 832

... Clawans charge was warranted. (pp. 18-23) 3. Pursuant to N.J.S.A. 39:4-89, “[t]he driver of a vehicle ... New Jersey’s 1998 Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35, bars juries from speculating ... medical expenses as an element of damages, in accordance with N.J.S.A. 39:6A-12. We hold that those five improper rulings ... as an affirmative defense, pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.17. In response to ... jury returned a verdict in plaintiff’s favor. Pursuant to N.J.S.A. 2A:15-5.2, the jury allocated fifty-five percent ... while following another vehicle. The Legislature codified that duty in N.J.S.A. 39:4-89: The driver of a vehicle shall ...

docket:	A-116-13
court:	NJ Supreme Court
decided:	2016-06-01
status:
citation:	225 N.J. 167 137 A.3d 502
Document Size:	92686

2001 WILLIAM SHEPHERD et al. v. HUNTERDON DEVELOPMENTAL CENTER, et al. -- rank: 832

... in violation of New Jersey's Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 through -49. Shepherd and Saylor asserted that ... virtue of their support of the racial discrimination claim. However, N.J.S.A. 10:5-12d, provides that it is unlawful "to coerce ... different result regarding Sclama's and Gal's individual liability.      N.J.S.A. 10:5-12a prohibits unlawful employment practices or unlawful discrimination ... supervisor is not defined as an "employer" under the LAD. N.J.S.A. 10:5-5e. However, N.J.S.A. 10:5-12e deems it unlawful "[f]or any person ... three tests that have been developed for employee liability under N.J.S.A. 10:5-12e. In Tyson v. CIGNA Corp. , 918 ...

docket:	a5504-98
court:	njappellate
decided:	2001-01-18
status:	published
citation:	336 N.J. Super. 395
Document Size:	87019

2002 STATE OF NEW JERSEY v. ELEX HYMAN -- rank: 832

... distribute and conspiring to do so, both second-degree offenses. N.J.S.A. 2C:5-2, N.J.S.A. 2C:35-5(a)(1), 5(b)(2). On appeal ... deterring the defendant and others from violating the law"). See N.J.S.A. 2C:44-1(a)(3), (6), and (9). The court ... would entail excessive hardship to himself or his dependents"). See N.J.S.A. 2C:44-1(b)(7), (11). Defendant did not show ...

docket:	a3741-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	published
citation:	451 N.J.Super. 429 168 A.3d 1194
Document Size:	106556

2003 STATE OF NEW JERSEY v. JOHNATHAN D. MORGAN a/k/a JONATHAN D. MORGAN -- rank: 832

... Parrish with: count one - first-degree purposeful or knowing murder, N.J.S.A. 2C:11- 3(a)(1) or (2); count two - first-degree armed robbery, N.J.S.A. 2C:15-1; count three - first-degree felony murder, N.J.S.A. 2C:11- 3(a)(3); count four - second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; count five - second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and count six - second-degree ...

docket:	a0390-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	51216

2004 State v. Jose Carrion -- rank: 832

... permit for an individual’s possession of a handgun. See N.J.S.A. 2C:39-5(b) (making it an offense to possess a handgun without a permit as provided in N.J.S.A. 2C:58-4). In this matter, defendant Jose Carrion contends ... Permanency (DCPP). L. 2012, c. 16, § 20 (codified at N.J.S.A. 9:3A-10(b)). Because at the time of Carrionâ ... indicted Carrion for 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(a); third- degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(2); second-degree possession of ...

docket:	a-14-20
court:	NJ Supreme Court
decided:	2021-12-27
status:
citation:
Document Size:	80498

2005 /usr/local/share/www/libweb/collections/courts/appellate/a5991-17.opn.html -- rank: 832

... first. A jury convicted defendant of first-degree armed robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(a); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). A-5991-17T1 2 On January ... on defendant's status as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). For first-degree armed robbery, ...

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2006 A-0STATE OF NEW JERSEY v. ROBERT K. THOMPSON July 27, 2015 -- rank: 832

... K. Thompson was found guilty of third degree official misconduct, N.J.S.A. 2C:30-2(a). 1 On October 18, 2012, defendant ... barred from future government employment. He now appeals, contending that N.J.S.A. 2C:30-2(a) is unconstitutionally vague, that his conviction ... the indictment, including charges under both the official misconduct statute, N.J.S.A. 2C:30-2, and the pattern of official misconduct statute, N.J.S.A. 2C:30-7. The earlier indictment included other co-defendants ... with one count of second-degree pattern of official misconduct, N.J.S.A. 2C:30-2 and N.J.S.A. 2C:2-6, and two counts of second-degree ...

docket:	a2055-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-22
status:	unpublished
citation:
Document Size:	56404

2007 STATE OF NEW JERSEY v. CHARLY WINGATE -- rank: 832

... 4 in a twelve-count indictment with first degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); first degree felony murder, N.J.S.A. 2C:11-3a(3) (counts two and seven); first degree robbery, N.J.S.A. 2C:15-1 (counts three, four, and five); second degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1b (count six); first degree kidnapping, N.J.S.A. 2C:13-1 (counts eight and nine); second degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count ten); and third-degree possession ...

docket:	a2090-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-30
status:	unpublished
citation:
Document Size:	107004

2008 IN THE MATTER OF NEW JERSEY STATE PLANNING COMMISSION RESOLUTIONS -- rank: 832

... that the Commission violated the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21. In 1998, the municipalities submitted ... Commission in accordance with the State Planning Act (the Act), N.J.S.A. 52:18A-196 to -207. The State Plan, inter alia ... assessing suitable locations for infrastructure, housing, economic growth and conservation." N.J.S.A. 52:18A-196c. The Legislature has declared it in the ... the health and well-being" of the State's citizens. N.J.S.A. 52:18A-199a. The Act requires the State Plan to ... objectives best suited to meet the needs of the State." N.J.S.A. 52:18A-200. Among other things, the State Plan is ... and other appropriate designations that the Commission may deem necessary[.]" N.J.S.A. 52:18-200a to d. The Act establishes the ...

docket:	A1629-03
court:	NJ Superior Court Appellate Division
decided:	2006-03-03
status:	unpublished
citation:
Document Size:	113337

2009 State v. James D. Pennington -- rank: 832

... is made, the court must then set the parole bar. N.J.S.A. 2C:43-7b should be parsed to provide a sentencing ... burglary while armed with a weapon, against Linsell, contrary to N.J.S.A. 2C:18-2;         Count Two--fourth-degree unlawful possession of ... a weapon (knife), in conjunction with Count One, contrary to N.J.S.A. 2C:39-5d;         Count Three--second-degree possession of weapon ... an unlawful purpose, in conjunction with Count One, contrary to N.J.S.A. 2C:44-3a and N.J.S.A. 2C:43-7a. Defendant's status as a persistent offender ... of Middlesex County Indictment 519-76, of Rape While Armed, N.J.S.A. 2A:138-1, :151-5; Somerset County Indictment 126- ...

docket:	a-113-97
court:	njsupreme
decided:	1998-07-14
status:
citation:	154 N.J. 344
Document Size:	75507

2010 /usr/local/share/www/libweb/collections/courts/appellate/a6077-11xx.opn.html -- rank: 832

... in a six-count indictment with two counts of kidnapping, N.J.S.A. 2C:13-1(b)(2); two counts of sexual assault, N.J.S.A. 2C:14-2(c)(1); criminal sexual contact, N.J.S.A. 2C:14-3(a); and aggravated assault, N.J.S.A. 2C:12-(b)(7). According to the allegations and dates ... year custodial terms subject to the No Early Release Act, N.J.S.A. 2C:43-7.2; imposed a special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4; and ordered defendant to comply ...

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court:	NJ Superior Court Law/Chancery Division
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