Search Rutgers Law Library N.J. Court Opinions

271 State v. Eileen Cassidy -- rank: 846

... who have operated motor vehic les in viol ation of N . J . S . A . 3 9 : 4 - 5 0 . State v . 6 4 N ... of a l l c a s e s under N . J . S . A . 3 9 : 4-50 . ' Ibid . The Court explained that breathalyzer ... 2 0 1 6 , Dennis was charged with violations of N . J . S . A . 2 C : 2 8 - 7 ( a ) ( l ) ( tampering with pub l i c records or inf ormation ) and N . J . S . A . 2 C : 2 1 - 4 ( a ) ( f a l s ... THE PURPOSE TO DEFRAUD OR INJURE ANYONE , IN VIOLATION OF N . J . S . A . 2 C : 2 8 - 7 A ( l ) ( A THIRD DEGREE ... PERFORMED THE PROCEDURE CONSISTENT WITH THOSE STANDARDS , IN VIOLATION OF N . J . S . A . 2 C : 2 1 - 4A ( A FOURTH DEGREE CRIME ) . [ ...

docket:	a-58-16
court:	NJ Supreme Court
decided:	2018-11-13
status:
citation:	235 N.J. 482 197 A.3d 86
Document Size:	393091

272 Fluehr v. City of Cape May -- rank: 846

... Tort Claims Act's (TCA) immunity for unimproved public property, N.J.S.A. 59:4-8, applies to a claim filed by a ... was protected by the unimproved property immunity of the TCA, N.J.S.A. 59:4-8. Fleuhr , supra , 303 N.J. Super. at ... the trial court determined that the unimproved property immunity under N.J.S.A. 59:4-8 trumped the imposition of liability for negligent supervision provided under N.J.S.A. 59:3-11. Id. at 484.     The Appellate Division reversed ... forces of the ocean, based on the unimproved property immunity, N.J.S.A. 59:4-8.     Plaintiff concedes that both the trial court ... 117 N.J. 258 , 265-66 (1989). -A-     The TCA, N.J.S.A. 59:1-1 to 13-10, was enacted for ...

docket:	a-136-97
court:	njsupreme
decided:	1999-05-26
status:
citation:	159 N.J. 532
Document Size:	98800

273 State of New Jersey v. James W. Robinson -- rank: 846

... and sentenced defendant to two mandatory extended terms pursuant to N.J.S.A. 2C:43-6(f), as a repeat drug offender. On ... reduction of his sentence, arguing that multiple extended terms violate N.J.S.A. 2C:44-5(a)(2). In light of the Stateâ ... determined that defendant qualified as a persistent offender pursuant to N.J.S.A. 2C:44-3(a), and imposed a discretionary persistent offender ... statutory bar on the imposition of multiple extended terms under N.J.S.A. 2C:44-5(a)(2). The Appellate Division affirmed defendantâ ... s petition for certification. 212 N.J. 455 (2012). HELD: N.J.S.A. 2C:44-5(a)(2) bars the imposition of a ... novo. Thus, the Court reviews the interpretation and application of N.J.S.A. 2C:44-5(a)(2) de novo. The goal ...

docket:	A-20-12
court:	NJ Supreme Court
decided:	2014-06-05
status:
citation:	217 N.J. 594 92 A.3d 656
Document Size:	80418

274 State v. Kevin Jerome Hudson -- rank: 846

... the circumstances in this case, defendant was properly sentenced under N.J.S.A. 2C:44-5 to multiple extended terms at separate sentencing ... of the offenses and sentencings brought the defendant squarely under N.J.S.A. 2C:44-5(b)(1)’s proscription against multiple ... of the ordinary-term sentencing range. (pp. 15-17) 2. N.J.S.A. 2C:44-5 guides sentencing in multiple-sentence circumstances. Subsection ... 17-20) 3. Giving effect to the clear wording of N.J.S.A. 2C:44-5(b), Hudson unambiguously falls within its application ... appropriate overall sentence for multiple offenses. (pp. 21-25) 4. N.J.S.A. 2C:44-5(b)(1) directs that when a court ... ” the prohibition on multiple extended terms set forth in N.J.S.A. 2C:44-5(a)(2) applies to a defendant ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

275 Comprehensive Neurosurgical, P.C. et al. v. The Valley Hospital et al. \t \r\n \r\n\r\n\t\t\r\n\t\r\n -- rank: 846

... that reopening, including a lawsuit where it relied principally on N.J.S.A. 26:2H-8 to argue there was no “needâ ...

docket:	a_52_22
court:	supreme
decided:	2024-04-15
status:	Published
citation:
Document Size:	123742

276 In the Matter of the Expungement of the Arrest/Charge Records of T.B. -- 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 ...

docket:	a-18-17
court:	New Jersey Supreme Court
decided:	2019-01-08
status:
citation:
Document Size:	55260

277 State of New Jersey v. James J. Revie -- rank: 846

... the Court considers whether the “step-down” provision of N.J.S.A. 39:4-50(a)(3) can be applied to the ... DWI offender, rather than a third DWI offender, pursuant to N.J.S.A. 39:4-50(a)(3)’s “step-downâ ... s third and fourth DWI offenses, the municipal court construed N.J.S.A. 39:4-50(a)(3) to afford a defendant only ... was not entitled to a second “step-down” under N.J.S.A. 39:4-50(a)(3). The Appellate Division affirmed defendantâ ... regarding his conviction. 216 N.J. 14 (2013). HELD : The N.J.S.A. 39:4-50(a)(3) “step-down” provision can ... Legislature. The penalties imposed under New Jersey’s DWI statute, N.J.S.A. 39:4-50(a), increase with successive violations. For ...

docket:	A-31-13
court:	NJ Supreme Court
decided:	2014-12-17
status:
citation:	220 N.J. 126 104 A.3d 221
Document Size:	80476

278 State of New Jersey v. Kevin M. Campfield -- rank: 846

... the offense of second-degree reckless manslaughter in violation of N.J.S.A. 2C:11-4(b). This case arose from the death ... plea to the crime of reckless manslaughter in violation of N.J.S.A. 2C:11-4(b). 1. Trial courts conduct plea hearings ... elements of the offense of reckless manslaughter in violation of N.J.S.A. 2C:11-4(b). Defendant admitted his awareness of several ... conduct that a reasonable person would observe” in his situation. N.J.S.A. 2C:2-2(b)(3). It also confirms that he ... ’” Williams , supra , 190 N.J. at 124 (quoting N.J.S.A. 2C:2-2(b)(3)). Thus, defendant’s guilty plea ... the offense of second-degree reckless manslaughter in violation of N.J.S.A. 2C:11-4(b). This case arose from the ...

docket:	a-43-11
court:	New Jersey Supreme Court
decided:	2013-01-10
status:
citation:
Document Size:	94685

279 State v. Wilbert Hannah -- rank: 846

... and LaCue on two counts of purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or (2); two counts of felony murder, N.J.S.A. 2C:11-3(a)(3); two counts of armed robbery, N.J.S.A. 2C:15-1; and two counts of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). The State’s Case The State ...

docket:	a-74-75-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	135053

280 D.W.v. R.W. -- rank: 846

... statutory changes to the New Jersey Parentage Act (Parentage Act), N.J.S.A. 9:17-38 to -59. The trial court found that ... court nor the Appellate Division referenced the applicable statutory provision, N.J.S.A. 9:17-48, which addresses the circumstances that warrant an ... to deny genetic testing. 1. The New Jersey Parentage Act, N.J.S.A. 9:17-38 to -59, ensures that children receive the ... existence or nonexistence of the parent and child relationship.” N.J.S.A. 9:17-45(a). In this case, Richard is the ... an appropriate action only by clear and convincing evidence,” N.J.S.A. 9:17-43(b); there is little question that a ... did not follow the general governing principles set forth in N.J.S.A. 9:17-48(d). The parties do not dispute ...

docket:	A-4-11
court:	NJ Supreme Court
decided:	2012-10-10
status:
citation:	212 N.J. 232 52 A.3d 1043
Document Size:	153702

281 State v. James E. Jones & Likisha Jones -- rank: 846

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. ...

docket:	a-63-16
court:	New Jersey Supreme Court
decided:	2018-06-19
status:
citation:
Document Size:	83391

282 Borough of East Rutherford v. East Rutherford -- rank: 846

... family for in-network services for each calendar year.” N.J.S.A. 52:14-17.29(C). PERC denied the Borough’s ... the Arbitrator’s award, concluding that it was contrary to N.J.S.A. 52:14-17.29(C), violated public policy, exceeded the ... award upon the subject matter submitted was not made.” N.J.S.A. 2A:24-8(a) and (d). Additionally, a court may ... c. 103, § 23 (effective June 27, 2007) (codified at N.J.S.A. 52:14-17.29(C)).] The Sponsors’ Statements explained that ... The trial court held that the award was contrary to N.J.S.A. 52:14-17.29(C), violated public policy, exceeded the ... that the award be vacated. In addition to relying on N.J.S.A. 52:14-17.29(C), the trial court’s ...

docket:	A-24-11
court:	NJ Supreme Court
decided:	2012-03-19
status:
citation:	213 N.J. 190 61 A.3d 941
Document Size:	110389

283 State of New Jersey v. Jason Shelley -- rank: 846

... small kindergarten class constitutes an elementary school for purposes of N.J.S.A. 2C:35-7, which establishes the criminal penalty for selling ... third-degree distribution of cocaine near school property contrary to N.J.S.A. 2C:35-7. He filed a motion to dismiss the ... that Goddard was an elementary school for the purposes of N.J.S.A. 2C:35-7’s application. Shelley entered a conditional guilty ... render the institution an elementary school under the language of N.J.S.A. 2C:35-7. The Court granted the State’s petition ... Appellate Division correctly vacated defendant Jason Shelley’s conviction under N.J.S.A. 2C:35-7 for distributing illicit drugs within 1,000 ... interpreted in favor of the defendant. (Pp. 5-4) 2. N.J.S.A. 2C:35-7 makes it a crime to distribute, ...

docket:	a-109-09
court:	NJ Supreme Court
decided:	2011-03-09
status:
citation:
Document Size:	88382

284 Elmer Branch v. Cream-O-Land Dairy -- rank: 846

... whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance ... employee’s regular hourly rate for each hour of” overtime. N.J.S.A. 34:11-56a4(b)(1). The WHL, however, creates an ... requirement for employees of a “trucking industry employer.” N.J.S.A. 34:11-56a4(f). For such employees, the WHL provides ... that defendant failed to pay truck drivers as mandated by N.J.S.A. 34:11-56a4(b)(1), defendant argued that it was ... exempt from that provision as a trucking industry employer under N.J.S.A. 34:11-56a4(f). Defendant also asserted that it was entitled to invoke the absolute defense set forth in N.J.S.A. 34:11- 56a25.2 because it had relied in ...

docket:	a-29-19
court:	NJ Supreme Court
decided:	2021-01-13
status:
citation:
Document Size:	70217

285 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.G.P and J.P. and R.H.C -- rank: 846

... v. A.B., 231 N.J. 354, 368 (2017) (quoting N.J.S.A. 9:6-8.8). To establish abuse or neglect under ... and relevant evidence' that the child is 'abused or neglected . . . .' N.J.S.A. 9:6-8.46(b). The Division must present 'proof ... Division alleged Jay was an abused or neglected child under N.J.S.A. 9:8-21(c). The Division was required to prove ... inflicted harm, or substantial risk thereof[.] A-2613-21 13 [N.J.S.A. 9:6-8.21(c)(4).] The term ''minimum degree ... M.C. III, 201 N.J. 328, 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). The facts supporting its claim ... of abuse or neglect must be based on admissible evidence. N.J.S.A. 9:6-8.46(a)(1). Pertinent here, N. ...

docket:	a2613-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	59269