Search Rutgers Law Library N.J. Court Opinions

2731 STATE OF NEW JERSEY v. DAVID ARISTE -- rank: 826

... was found guilty of first-degree murder of Garry Williams, N.J.S.A. 2C:11-3a(1) or (2); first-degree attempted murder of William Hogges, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3; third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b; and two counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a. His co-defendants, Burnell and Burchanti Scott ... years parole supervision under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a consecutive eighteen- ...

docket:	a3318-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-16
status:	unpublished
citation:
Document Size:	75012

2732 STATE OF NEW JERSEY v. CLINTON SCOTT -- rank: 826

... at *CITE_PENDING*. (NOTE: The status of this decision is .) N.J.S.A. 2C:20-7 (count one) and the lesser-included offense of third-degree eluding on March 20, 2000, N.J.S.A. 2C:29-2b (count three) in Essex County Indictment Number ... receiving stolen property, a BMW vehicle, on March 24, 2000, N.J.S.A. 2C:20-7 (count one); second-degree eluding on March 24, 2000, N.J.S.A. 2C:29-2b (count two), the lesser-included offense of fourth-degree aggravated assault on March 24, 2000, N.J.S.A. 2C:39-5d (count five), and third-degree possession of a weapon, a BMW vehicle, for an unlawful purpose, N.J.S.A. 2C:39-4d (count six) on Essex County Indictment ...

docket:	a5612-03
court:
decided:	2006-08-11
status:	Unpublished
citation:
Document Size:	123261

2733 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 826

... apply for resentencing pursuant to the 2010 amendments 1 to N.J.S.A. 2C:35-7 if such defendant received a Brimage 2 ... extended term or reduction of a mandatory minimum term under N.J.S.A. 2C:35-12? From our review of the record in ... dangerous substance (cocaine) within 1,000 feet of school property. N.J.S.A. 2C:35-7. In connection with an agreed-upon plea ... arrangement, the State waived a motion for enhanced sentencing under N.J.S.A. 2C:43-6(f) pursuant to the Brimage Guidelines. Oliver ... the parole ineligibility bar in light of the amendments to N.J.S.A. 2C:35-7 that became effective on January 12, 2010 ... in determining whether the parole ineligibility bar otherwise required by N.J.S.A. 2C:35-7(a) should be waived). Jurisdiction is ...

docket:	a1505-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41099

2734 State v. Melvin T. Dickerson -- rank: 826

... detention hearing pursuant to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. Police officers with the Asbury ... detention hearing pursuant to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. During defendant Melvin Dickerson’s ... fourth-degree possession of over one-half ounce of marijuana, N.J.S.A. 2C:35-10(a)(3); 2) third- degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(11); 3) third-degree possession of marijuana with intent to distribute in a school zone, N.J.S.A. 2C:35-7(a); 4) fourth-degree unlawful interception or use of official communications, N.J.S.A. 2C:33-21; 5) two counts of second- degree ...

docket:	a_1_17
court:	NJ Supreme Court
decided:	2018-02-05
status:
citation:
Document Size:	78950

2735 STATE OF NEW JERSEY v. GREGORY OLIVER -- rank: 826

... and sentence for first-degree aggravated manslaughter of Jaleek Burroughs, N.J.S.A. 2C:11-4(a)(1), as a lesser-included offense of first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2), N.J.S.A. 2C:2-6, and N.J.S.A. 2C:2-3(d) (count one); two counts of second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts six and twelve); second-degree aggravated assault of Alaysia Chambers, N.J.S.A. 2C:12-1(b)(1), as a lesser-included ...

docket:	a5140-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	54511

2736 STATE OF NEW JERSEY v. ISAAC A. YOUNG -- rank: 826

... of a confidential child abuse record, a fourth-degree offense, N.J.S.A. 9:6-8.10b, hindering his own apprehension or prosecution ... a false statement to law enforcement, a disorderly persons offense, N.J.S.A. 2C:29-3(b)(4), 1 and fourth-degree false swearing by inconsistent statements, N.J.S.A. 2C:28-2(a). The charges against defendant arose from ... Defendant argued that the statute he was charged with violating, N.J.S.A. 9:6-8.10b, did not apply to his conduct ... permit the criminal condemnation of conduct that did not offend [ N.J.S.A. 9:6-8.10b]." He contends the court's actions ... to the Division alone. It relies upon the language in N.J.S.A. 9:6-8.10b, which prohibits the release of ...

docket:	a1857-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	published
citation:	448 N.J.Super. 206 152 A.3d 955
Document Size:	59499

2737 THE ASSOCIATION OF NEW JERSEY CHIROPRACTORS, INC v. HORIZON HEALTHCARE SERVICES INC. -- rank: 826

... challenged the policy. They alleged Horizon's privileging policy violates N.J.S.A. 17B:27-51.1, a 1975 law that requires group ... of the monopolization provision of the New Jersey Antitrust Act, N.J.S.A. 56:9-4(a). Plaintiffs included as a defendant Care ... held that plaintiffs had no private right of action under N.J.S.A. 17B:27-51.1. Moreover, Horizon did not violate the ... deleted a claim under the Unfair Claims Settlement Practices Act, N.J.S.A. 17B:30-13.1, and clarified that the association did ... do not have a private right of action to enforce N.J.S.A. 17B:27-51.1. "A private cause of action is ... of chiropractors. [ L. 1975, c. 125, § 1 (codified at N.J.S.A. 17B:27-51.1).] A companion bill provided the ...

docket:	a6033-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-11-04
status:	Published
citation:
Document Size:	63649

2738 IN THE MATTER OF PUBLIC SERVICE ELECTRIC AND GAS COMPANY'S RATE UNBUNDLING, STRANDED COSTS AND RESTRUCTURING FILING, etc. -- rank: 826

... by the Electric Discount and Energy Competition Act of 1999, N.J.S.A. 48:3-49 to 98, L. 1999, c. 23, effective ... 1995, c. 180, the Rate Flex and Alternative Regulation Act, N.J.S.A. 48:2-21.24 to -30, which mandated that the ... a 10" rate reduction within three years of that date. N.J.S.A. 48:3-59. The utilities are permitted to recover stranded ... August 24, 1999 the Commissioner ruled that, under the Act, N.J.S.A. 48:3-60, -61, and -67, HTS customers, along with ... electric public utility customers (except eligible on-site generator customers, N.J.S.A. 48:3-60, -61, and -67. Thus, such charges are ... the BPU's decision.     Co-Steel next argues that, under N.J.S.A. 48:3-52(d)(1) See footnote 1 1 , ...

docket:	a0643-99
court:	njappellate
decided:	2000-04-13
status:	published
citation:	330 N.J.Super. 65
Document Size:	95832

2739 IN THE MATTER OF ALLEN M. FARNKOPF -- rank: 826

... being and is the subject of abuse, neglect or exploitation." N.J.S.A. 52:27D-407. Upon receiving a report that a vulnerable ... prompt and thorough evaluation of the report within 72 hours." N.J.S.A. 52:27D-410a and b. If prevented or hampered, a provider may petition for an order compelling the evaluation. N.J.S.A. 52:27D-410c. If there is "reasonable cause" to believe ... county and local agencies, and hospitals and organization, for services. N.J.S.A. 52:27D-411a. The provider is also required to "follow up on referrals," N.J.S.A. 52:27D-411a, and may seek injunctive relief against a ... other person who interferes with the providing of protective services, N.J.S.A. 52:27D-412a.     In exigent circumstances and when the ...

docket:	a5987-01
court:	njappellate
decided:	2003-10-22
status:	published
citation:	363 N.J. Super. 382
Document Size:	52049

2740 KAREN MCKNIGHT v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 826

... ending June 30, 2018 through May 4, 2019, pursuant to N.J.S.A. 43:21-16(d). The central issue on appeal is ... the New Jersey Unemployment Compensation Law ('UCL' or the 'Act'), N.J.S.A. 43:21-1 to -71, and associated regulations in support ... appellant's position. Specifically, appellant's attorney sent the Tribunal N.J.S.A. 43:21-19 and N.J.A.C. 12:17 ... rejected appellant's arguments, stating: The appellant's contention that N.J.S.A. 43:21-19(t)(3) and N.J.A.C ... appellant] to establish base weeks from both employers[] is rejected. N.J.S.A. 43:21-19(t)(3) refers to the calendar week ... which included an amendment of the definition of 'base week.' N.J.S.A. 43:21-19(t)(3). In addition, as unpublished ...

docket:	a3067-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Published
citation:
Document Size:	38983

2741 STATE OF NEW JERSEY v. JOSHUA D. GRAY -- rank: 826

... 2012 conviction by a jury for second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) and the sentence imposed by the ... SPONTE ON THE DEFENSE OF MISTAKE OF FACT PURSUANT TO N.J.S.A. 2C:2-4 (NOT RAISED BELOW). (B) THE TRIAL COURT ... SUA SPONTE ON THE MENTAL STATE OF "NEGLIGENTLY" PURSUANT TO N.J.S.A. 2C:2-2(B)(4) (NOT RAISED BELOW). (C) THE ... TO INSTRUCT THE JURY SUA SPONTE ON "CAUSATION" PURSUANT TO N.J.S.A. 2C:2-3 (NOT RAISED BELOW). POINT IV THE ABSENCE ... the Headliner. Defendant was charged with second-degree aggravated assault, N.J.S.A. 2C:12-1b(1). His motion to exclude the out ... parole ineligibility, required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, along with a three-year ...

docket:	a4184-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	48625

2742 PINE BROOK CARE CENTER v. MICHAEL D'ALESSANDRO -- rank: 826

... various causes of action, finding the Nursing Home Act (NHA), N.J.S.A. 30:13-1 to -17, and more particularly, N.J.S.A. 30:13-3.1(a)(2), 'shields . . . defendants from liability ... her request for an award of attorney’s fees under N.J.S.A. 30:13-4.2 and -8. In A-3526-18 ... are liable for the costs of Michael's care under N.J.S.A. 44:1-140. Plaintiff received a $9,600 check signed ... two); plaintiff violated the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, (count three); and plaintiff engaged ... court determined plaintiff's causes of action were barred by N.J.S.A. 30:13-3.1(a)(2) because the statute ...

docket:	a3197-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-23
status:	Unpublished
citation:
Document Size:	70382

2743 /usr/local/share/www/libweb/collections/courts/appellate/a3083-12xx.opn.html -- rank: 826

... degree possession of a controlled dangerous substance (CDS) (Phencyclidine (PCP)), N.J.S.A. 2C:35-10a(1) (count one); second-degree distribution of PCP, N.J.S.A. 2C:35-5b(7) (count two); third-degree possession of ... intent to distribute it within 1000 feet of school property, N.J.S.A. 2C:35-7 (count three); and second-degree conspiracy to distribute PCP, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5a(1), and N.J.S.A. 2C:35-5b(7) (count four). The indictment also ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67053

2744 STATE OF NEW JERSEY v. J.R.D. -- rank: 826

... appeals from his convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); and his sentence. We ... also sentenced to Parole Supervision for Life, as required by N.J.S.A. 2C:43-6.4; required to comply with Megan's Law, N.J.S.A. 2C:7-1 to -11 and N.J.S.A. 2C:47-5; and found to be a sex ...

docket:	a3476-08
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	62946

2745 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.M. -- rank: 826

... CLEAR AND CONVINCING EVIDENCE EACH OF THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1, AND, THEREFORE, [S.M.'S] PARENTAL ... raises these points for review: POINT I : THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND ... the child's best interest to preserve the family unit." N.J.S.A. 30:4C-1(a). "The balance between parental rights and ... supra , 103 N.J. at 604-11, and codified in N.J.S.A. 30:4C-15.1(a), requires the State to establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "relate to ... exercised an emergency removal of all three children pursuant to N.J.S.A. 9:6-8.29 and N.J.S.A. ...

docket:	a1483-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	unpublished
citation:
Document Size:	71945