Search Rutgers Law Library N.J. Court Opinions

2701 STATE OF NEW JERSEY VS. DARWENS H. CADET -- rank: 826

... charged in a Union County indictment with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). Following a jury trial ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one, and a concurrent ... is codified by statute and the Rules of Evidence. See N.J.S.A. 2A:84A-19; N.J.R.E. 503. In Miranda ...

docket:	a1653-21
court:	appellate
decided:	2024-07-08
status:	Unpublished
citation:
Document Size:	54483

2702 STATE OF NEW JERSEY v. JOHN NYHAMMER -- rank: 826

... A.N., a girl, then nine years old (count one), N.J.S.A. 2C:24-4a. The judge merged counts two, three, four ...

docket:	a5672-04
court:	njappellate
decided:	2007-09-06
status:	published
citation:	396 N.J. Super. 72
Document Size:	75133

2703 STATE OF NEW JERSEY v. ELMO M. RIVADENEIRA -- rank: 826

... 2011 jury trial, defendant was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1(b); three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); fourth-degree child abuse, N.J.S.A. 9:6-1 and -3; third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a); first- degree robbery, N.J.S.A. 2C:15-1; third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and third-degree terroristic ...

docket:	a5573-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-19
status:	Unpublished
citation:
Document Size:	54408

2704 GERALD McCANN v. CLERK CITY OF JERSEY CITY, -- rank: 826

... the impending May 8, 2001 election in Jersey City. See N.J.S.A. 40:69A-1 et seq. It is before us on ... of the appeal is the applicability of the Forfeiture Statute, N.J.S.A. 2C:51-2, and the somewhat parallel Faulkner Act forfeiture ... Forfeiture Statute and the forfeiture provisions in the Faulkner Act, N.J.S.A. 40:69A-166, McCann was forever disqualified from holding office ... any office" in the forfeiture provisions of the Penal Code, N.J.S.A. 2C:51-2, did not apply to McCann at this ... turpitude shall be ineligible to assume any public office" in N.J.S.A. 40:69A-166, although facially applicable, was unconstitutional See footnote ... petition. I.     We first consider whether the general Forfeiture Statute ( N.J.S.A. 2C:51-2a provides:             A person holding any public ...

docket:	A3835-00
court:	NJ Superior Court Appellate Division
decided:	2001-04-03
status:	published
citation:	338 N.J. Super. 509
Document Size:	67437

2705 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENECY v. S.H. and J.H. -- rank: 826

... 1:38-3(d)(12). A-3322-21 2 See N.J.S.A. 30:4C-15.1(a). Sarah and James also argue ... of the 'best-interests-of-the-child [test]' codified by N.J.S.A. 30:4C-15.1(a). M.M., 189 N.J ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These prongs 'are not discrete ... to the child.' See L. 2021, c. 154, § 9; N.J.S.A. 30:4C-15.1(a)(2). Accordingly, any harm a ... alternatives to termination of parental rights.'' Id. at 286 (quoting N.J.S.A. 30:4C-15.1(a)(3)). 'Reasonable efforts depend on ... circumstances' that led to Alice's 'placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). Sarah's contention ...

docket:	a3322-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	61226

2706 FRED McDOWELL, INC. v. BOARD OF ADJUSTMENT TOWNSHIP OF WALL, et al. -- rank: 826

... Jersey. With the enactment of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -129 (the MLUL), the Legislature permitted ... zoning ordinance as the land use element of that plan. N.J.S.A. 40:55D-28. Recognizing and encouraging rational zoning in the ... footnote 5 5 The expression of that balance appears in N.J.S.A. 40:55D-68, which provides in pertinent part:         Any nonconforming ... right to continue "a nonconforming use ... existing ... upon the lot ...." N.J.S.A. 40:55D-68. McDowell implicitly seeks to apply the Loechner ... is located by reasons of such adoption, revision or amendment." N.J.S.A. 40:55D-5. Footnote: 5      5 Although plaintiff's complaint ...

docket:	a2888-98
court:	njappellate
decided:	2000-08-25
status:	published
citation:	<a href=
Document Size:	64712

2707 /usr/local/share/www/libweb/collections/courts/supreme/a5535-13.opn.html -- rank: 826

... claims under New Jersey's Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8 and the Civil Rights Act (CRA), N.J.S.A. 10:6-1 to 2. On appeal, plaintiff argues the ... regulation promulgated pursuant to law . . . ; (2) is fraudulent or criminal . . . . [ N.J.S.A. 34:19-3.] In addition to facts supporting whistleblower conduct, an employee who claims retaliation under N.J.S.A. 34:19-3 must demonstrate "a causal connection exists between ... off" a fellow officer under investigation by the MCPO, satisfying N.J.S.A. 34:19-3(c); (2) plaintiff's direction to the ... were stealing cable services or not obtaining necessary permits, satisfying N.J.S.A. 34:19-3(a); and (3) plaintiff's formal ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47658

2708 JENNIFER A. KAMINSKI v. VIRGINIA S. MAYER -- rank: 826

... verbal threshold of the Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35. He concluded: I find ... Soto v. Scaringelli , 189 N.J. 558 , 563 (2007) (quoting N.J.S.A. 39:6A-8(a)).] "An injury shall be considered permanent ... will not heal to function normally with further medical treatment." N.J.S.A. 39:6A-8(a). If an injured party in an ...

docket:	a6580-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-01-09
status:	Published
citation:
Document Size:	114549

2709 State of New Jersey v. Gary N. Frankel -- rank: 826

... the 9-1-1 system throughout the State. 8 See N.J.S.A. 52:17C-1 to -16; N.J.A.C. 17:24-1.1 to -11.4. See also N.J.S.A. 52:17C-3a, -3b, -8a (establishing Office of Emergency Telecommunications ... 1 dispatchers "for the purpose of responding to emergency calls." N.J.S.A. 52:17C-10a. Upon receiving such a call, the dispatcher ... v. Golotta , 178 N.J. 205 , 219 (2003); see also N.J.S.A. 52:17C-10a. Moreover, the use of 9-1-1 to falsely report an emergency is a crime. N.J.S.A. 2C:33-3e (providing that "[a] person is guilty of ... the State seized weapons following a domestic violence dispute under N.J.S.A. 2C:25-21d. Id. at 162-63. There, we ...

docket:	a-90-02
court:
decided:	2004-05-12
status:
citation:	179 N.J. 586 847 A.2d 561
Document Size:	141327

2710 STATE OF NEW JERSEY v. GERMANIA TERRERO -- rank: 826

... defendant of first-degree murder and conspiracy to commit murder, N.J.S.A. 2C:11-3a(1)-(2) and N.J.S.A. 2C:5-2. The jury convicted her on the remaining ... the March 3, 2008 robbery, namely first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a(1); two counts of first-degree felony ... of a robbery and in the course of a burglary, N.J.S.A. 2C:11-3a(3); first-degree robbery and conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2; second-degree burglary and conspiracy to ...

docket:	a0399-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	67312

2711 STATE OF NEW JERSEY v. JOSEPH J. REHKAMP -- rank: 826

... indifference to human life, a crime of the third degree, N .J.S.A. 2C:12-1(b)(7) (a lesser included offense of N.J.S.A. 2C:39-4d (Count IV); burglary while armed, a crime of the second degree, N.J.S.A. 2C:18-2 (Count V); and terroristic threats, a crime of the third degree, N.J.S.A. 2C:12-3b. Following trial, defendant, who had been convicted ... to the fourth-degree crime of possession of a knife, N.J.S.A. 2C:39-7b, which was charged in a separate indictment ... of parole pursuant to the No Early Release Act (NERA). N.J.S.A. 2C:43-7.2 (as adopted by L. 1997, ...

docket:	a5260-03
court:	njappellate
decided:	2006-04-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	68773

2712 State of New Jersey v. Alonzo B. Hill -- rank: 826

... was indicted for: second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 (Count One); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:15-1 (Count Three); third-degree unlawful possession of ... and that the weight of the aggravating factors prevailed . See N.J.S.A. 2C:44-1. The court merged the convictions for conspiracy ... No Early Release Act , for the first-degree robbery conviction. N.J.S.A. 2C:43-7.2. A concurrent five-year term was ... voluntarily asserted some proof to create an affirmative defense, see N.J.S.A. 2C:3-4(a) (self-defense or defense of others ...

docket:	a-5-08
court:	supreme
decided:	2009-07-14
status:
citation:	199 N.J. 545 974 A.2d 403
Document Size:	146190

2713 SOCIETY OF THE HOLY CHILD JESUS d/b/a OAK KNOLL SCHOOL VS CITY OF SUMMIT -- rank: 826

... is whether a municipality may revoke an exemption provided by N.J.S.A. 54:4-3.6 (the Statute) because the property, although ... of the need to seek a conditional use variance. See N.J.S.A. 40:55D-70(d)(3). On October 25, in a ... The judge concluded that "[f]or preferential farmland assessment under N.J.S.A. 54:4-23.1 to -23.23 ('The Farmland Assessment ... disqualification of school use (or other uses set forth in N.J.S.A. 54:4-3.6) for preferential exemption from taxation because ... the purposes on account of which the exemption is claimed." N.J.S.A. 54:4-3.6. The Court has noted, Judicial interpretation ... Educational institutions" were "conditional uses" permitted in the zone. See N.J.S.A. 40:55D-3 ("'Conditional use' means a use permitted ...

docket:	a1126-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:	418 N.J. Super. 365 13 A.3d 886
Document Size:	70474

2714 STATE OF NEW JERSEY v. DESMOND SMITH -- rank: 826

... appeal their convictions of second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1b(1), and false imprisonment, contrary to N.J.S.A. 2C:13-3, a disorderly persons offense. Lakeema also appeals ... conviction for third-degree theft of movable property, contrary to N.J.S.A. 2C:20-2b(2)(A), as a lesser-included offense ... extended term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 for the aggravated assaults, and six ... the course of attempting to commit a theft, contrary to N.J.S.A. 2C:15-1a. It also establishes beyond a reasonable doubt ... a robbery and failed to release him unharmed, contrary to N.J.S.A. 2C:13-1b. Further, the evidence was sufficient to ...

docket:	a3864-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-22
status:	unpublished
citation:
Document Size:	83415

2715 Sussex Commons Assocs., LLC v. Rutgers, the State University -- rank: 826

... clinics are subject to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The Rutgers Environmental Litigation Clinic ... public “for the protection of the public interest.” N.J.S.A. 47:1A-1. OPRA promotes transparency in the operation of ... and any independent State authority, commission, instrumentality or agency.” N.J.S.A. 47:1A-1.1. OPRA also exempts various documents from ... met OPRA’s definition of a public agency. Ibid. (citing N.J.S.A. 47:1A-1.1). “For purposes of OPRA,â ... the scope of a statute -- the Open Public Records Act, N.J.S.A. 47:1A-1 to -13. The Court’s obligation when ... certain exceptions, for the protection of the public interest.” N.J.S.A. 47:1A-1. The law is designed to promote ...

docket:	A-97-10
court:	NJ Supreme Court
decided:	2012-07-05
status:
citation:
Document Size:	87060