Search Rutgers Law Library N.J. Court Opinions

2086 STATE OF NEW JERSEY v. JEREMIAH E. MONELL -- rank: 832

... from his convictions for first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1)-(2) and N.J.S.A. 2C:11-3(b)(4)(c); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. A-4499-18 2 2C:39-4(d); and fourth-degree unlawful possession of a weapon (knife), N.J.S.A. 2C:39-5(d). The judge imposed an aggregate sentence ... imposing a mandatory sentence of life without parole (LWOP) under N.J.S.A. 2C:11- - 3(b)(4). He argues for the first ... that any' of certain enumerated 'aggravating factors exist.' Ibid. (quoting N.J.S.A. 2C:11-3(b)(4)). These aggravating factors are ...

docket:	a4499-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-15
status:	Unpublished
citation:
Document Size:	59968

2087 State v. Roy R. Williams -- rank: 832

... of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a, and fourth-degree aggravated assault by knowingly ... circumstances manifesting extreme indifference to human life, in violation of N.J.S.A. 2C:39-4a is entirely proper and indeed unremarkable. Defendant ... of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a (Count One); fourth-degree aggravated assault by ... circumstances manifesting extreme indifference to human life in violation of N.J.S.A. 2C:5-1, 2C:11-3 (Count Four). Tried to ... common law objective standard of self-defense. Id. at 629; N.J.S.A. 2C:3-4a, -5a. Under that standard a jury must ... the item possessed was a “firearm” within the meaning of N.J.S.A. 2C:39-4a is directed at penalizing the intent ...

docket:	a-46-00
court:	njsupreme
decided:	2001-06-19
status:
citation:	168 N.J. 323
Document Size:	74168

2088 STATE OF NEW JERSEY v. ANTWAIN T. WATERS -- rank: 832

... indicted defendant for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), fourth-degree possession of a prohibited large-capacity ammunition magazine, N.J.S.A. 2C:39-3(j), and fourth-degree possession of prohibited hollow-nose bullets, N.J.S.A. 2C:39-3(f)(1). Under the Graves Act, N.J.S.A. 2C:43-6(c), defendant faced a mandatory minimum sentence ... The State appeals. II. The PTI program is governed by N.J.S.A. 2C:43-12 to -22 (the Act), Rule 3:28 ... Program are primarily set forth in Guideline 3 and in N.J.S.A. 2C:43-12(e) of the Act. As evidenced ...

docket:	a2021-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-30
status:	published
citation:	439 N.J.Super. 215 107 A.3d 693
Document Size:	73956

2089 Banco Popular North America v. Suresh Gandi a/k/a Suresh Gandi, et al. -- rank: 832

... for conspiracy to violate the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34, for his participation in the ... 275 N.J. Super. at 571, 646 A.2d 1112 ; N.J.S.A. 25:2-25. [ I bi d. ] We granted the Bank ... 1265 , at 1 (May 9, 1988); West Group, Annotation to N.J.S.A. 25:2- (Supp. 2004). Under the UFTA, a transfer made ... the debtor’s ability to pay as they become due. [ N.J.S.A. 25:2-25. The Act sets forth the indicia of “actual intent” for use in interpreting subsection a. of N.J.S.A. 25:2-25(a): In determining actual intent under subsection ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] The remedies available to a successful ...

docket:	a-5-03
court:	njsupreme
decided:	2005-06-27
status:
citation:	*CITE_PENDING*
Document Size:	87282

2090 EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT -- rank: 832

... judgment on his various immunity claims. The judge explained: [Under] N.J.S.A. 59:3-3 a public employee is not immune from ... to immunity under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. He relies primarily on N.J.S.A. 59:3-2(b) and N.J.S.A. 59:3-8. N.J.S.A. 59:3-2(b) provides that "[a] public employee is ... administrative action or inaction of a legislative or judicial nature." N.J.S.A. 59:3-8 provides that "[a] public employee is ...

docket:	a1589-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-11
status:	unpublished
citation:
Document Size:	106366

2091 State of New Jersey v. Naquan O’Neil -- rank: 832

... provisions. Rodriguez , supra , 195 N.J. at 171-73. Specifically, N.J.S.A. 2C:3-4(b)(2) provides, in part, that deadly ... does not make the actor reckless or criminally negligent.” N.J.S.A. 2C:1-14(j). Accordingly, the plain language of the ... the language of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:11-2(a), 11-4(b)(1), 3-4 ... A. Defendant was indicted on charges of first-degree murder, N.J.S.A. 2C:11-3(a); third-degree unlawful possession of a handgun without a carrying permit, N.J.S.A. 2C:39-5(b); and second-degree possession of a ... handgun for the purpose of using it unlawfully against another, N.J.S.A. 2C:39-4(a). At defendant’s trial, the ...

docket:	A-68-12
court:	NJ Supreme Court
decided:	2014-10-06
status:
citation:	219 N.J. 598 99 A.3d 814
Document Size:	77524

2092 IN THE MATTER OF THE REGISTRANT, C.A. -- rank: 832

... that requires certain sexual offenders to register with law enforcement, N.J.S.A. 2C:7-1 to -5, and the Community Notification Law, N.J.S.A. 2C:7-6 to -11 (collectively referred to as RCNL ... the community from the dangers of recidivism by sexual offenders. N.J.S.A. 2C:7-la. The Legislature also wanted to provide law ... and promptly resolving incidents involving sexual abuse and missing persons." N.J.S.A. 2C:7-lb. The statute provides that sex offenders shall register with local authorities. N.J.S.A. 2C:7-2a. The sex offenses that trigger required registration are set forth in N.J.S.A. 2C:7-2b.     After registration by the offender, the ...

docket:	a-142-95
court:	njsupreme
decided:	1996-07-31
status:
citation:	146 N.J. 71
Document Size:	107472

2093 IN RE GRANT OF SUBSTANTIVE CERTIFICATION TO READINGTON TOWNSHIP, HUNTERDON COUNTY BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 832

... regulations, adopted by COAH under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, sought to establish "the ... the Legislature enacted the FHA and the State Planning Act, N.J.S.A. 52:18A-196 to -207. In re Adoption of N ...

docket:	a1046-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	68387

2094 VIRGINIA COCKERLINE v. ERIKA MENENDEZ and KEVIN CLARK and UNITED PARCEL SERVICE, INC. -- rank: 832

... with respect to the validity of the collateral source statute, N.J.S.A. 2A:15-97. After reviewing the record in light of ... quoting Blazovic v. Andrich , 124 N.J. 90 , 107 (1991)). N.J.S.A. 2A:15-53. A "non-settling defendant has the right ... reduction in her award pursuant to the collateral source statute, N.J.S.A. 2A:15-97. Specifically, plaintiff's counsel maintained that the ... was working. The trial court adopted this argument. Pursuant to N.J.S.A. 2A:15-97: In any civil action brought for personal ... during which the benefits are payable. The primary purpose of N.J.S.A. 2A:15-97, which abrogated the common law collateral source ... social security survivor and death benefits are not excluded from N.J.S.A. 2A:15-97. We agree. The statute does not ...

docket:	a4635-07
court:	superior court appellate division
decided:	2010-02-04
status:	published
citation:	411 N.J. Super. 596 988 A.2d 575
Document Size:	119764

2095 MICHAEL HAND v. BOROUGH OF NEW PROVIDENCE -- rank: 832

... framework for disciplinary proceedings against police officers is governed by N.J.S.A. 40A:14-147 to -151. Ruroede v. Borough of Hasbrouck ... termination, fine, or reduction in rank. Id. at 354 (quoting N.J.S.A. 40A:14-147). Pursuant to N.J.S.A. 40A:14-147, just cause includes 'incapacity, misconduct, or disobedience ... rules and regulations.' Our Supreme Court has recognized 'misconduct' under N.J.S.A. 40A:14- 147 'need not be predicated on the violation ... fairness in dealing with members of the public.'). Pursuant to N.J.S.A. 40A:14-150, a police officer convicted of any disciplinary ... with Patrolman Lynch. After 'carefully review[ing] the tampering statute,' N.J.S.A. 2C:28-5(a), NPPD IA concluded there was ...

docket:	a1097-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-17
status:	Unpublished
citation:
Document Size:	64869

2096 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 832

... and convincing evidence the four prongs of the termination statute. N.J.S.A. 30:4C-15.1(a). She also argues, for the ... finding of abuse or neglect in the Title 9 proceeding, N.J.S.A. 9:6-8.21 to - 8.70, DYFS did not ... obtain a controlled dangerous substance (Xanax) by fraud, contrary to N.J.S.A. 2C:5-1 and 2C:35-13. She pled guilty ... 3 the Division effectuated a Dodd removal 4 pursuant to N.J.S.A. 9:6-8.29 and -8.30, and L.A ... complaint for custody of L.A.D.S. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. During defendant's incarceration, the Division ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

2097 EARTHA BUTLER v. BADR SCHOOL -- rank: 832

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. After hearing argument, the court granted the ... that Badr's notice of tort claim was untimely under N.J.S.A. 59:8-8 because it was not served within ninety ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9 . . . shall . . . be deemed a final judgment of ... within ninety days of the accrual of the claim. See N.J.S.A. 59:8-8; see also O'Donnell, 236 N.J ... shall be forever barred from recovering against a public entity.' N.J.S.A. 59:8-8. The harshness of N.J.S.A. 59:8-8's ninety-day requirement, however, is ...

docket:	a1099-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	30755

2098 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R and R.R -- rank: 832

... four prongs of the 'best interests of the child' standard, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove ... led to the child[ren]'s placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3); M.M., 189 N ...

docket:	a1741-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	51768

2099 State of New Jersey v. Marcus Cassady -- rank: 832

... involving a salesman at a car dealership -- in violation of N.J.S.A. 2C:15-1. He was sentenced to two consecutive ten ... subject to the provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2. Although concluding that the evidence presented ... with two counts of second-degree robbery, in violation of N.J.S.A. 2C:15-1. Defendant’s trial strategy was two-fold ... immediate bodily injury” in order to be guilty of robbery. N.J.S.A. 2C:15-1(a)(2). Claiming that “the focus ... 196 N.J. 23 , 39 (2008) (citations omitted). See also N.J.S.A. 2C:1-8(d) (defining lesser-included offenses). However, determining ... of a lesser-included offense does not end the inquiry. N.J.S.A. 2C:1-8(e) commands that “[t]he ...

docket:	a-94-07
court:
decided:	2009-03-11
status:
citation:	198 N.J. 165
Document Size:	103612

2100 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.S. et al. -- rank: 832

... placing M.S. in the custody of DYFS pursuant to N.J.S.A. 9:6-8.21 pending the return date. On May ... in custody.     In consideration of the four statutory factors in N.J.S.A. 30:4C:15-1(a) governing termination of parental rights ... based upon “best interests of the child” proceed pursuant to N.J.S.A. 30:4C-15.1. The Court made its findings pursuant ... placement of M.S. under the Child Placement Review Act, N.J.S.A. 30:4C-50. The Board issued its report on May ... permanency hearing as part of the protective services review under N.J.S.A. 9:6-8.4 and N.J.S.A. 30:4C-61.2 and again rejected adoption by ...

docket:	A3053-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-20
status:	published
citation:	367 N.J. Super. 76 842 A.2d 215
Document Size:	84274