Search Rutgers Law Library N.J. Court Opinions

2761 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.A.W., Sr. -- rank: 826

... proceedings, and to appoint counsel if the parents are indigent. N.J.S.A. 30:4C–15.4(a); N.J. Div. of Youth ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C–15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C–15.1(a).] "These standards are neither discrete ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C–15.1(a)(2). The focus of this ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C–15.1(a)(3). A court evaluates the ... will not do more harm than good to the child. N.J.S.A. 30:4C–15.1(a)(4). The question is " ...

docket:	a6301-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-02-04
status:	unpublished
citation:
Document Size:	70070

2762 STATE OF NEW JERSEY v. JERMAINE R. RAMIREZ -- rank: 826

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, a special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4, and restrictions under Megan's Law, N.J.S.A. 2C:7-1 to -23. Additionally, he was ordered to ... penalties, including a Sex Crime Victim Treatment Fund penalty (SCVTF), N.J.S.A. 2C:14-10(a). The convictions stemmed from a vile ... K.C. during the commission of a burglary, contrary to N.J.S.A. 2C:14-2(a)(3) (count one); second-degree sexual ... assault of K.C. by using physical force, contrary to N.J.S.A. 2C:14-2(c)(1) (count two); third-degree ...

docket:	a0103-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-28
status:	Unpublished
citation:
Document Size:	46600

2763 Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders -- rank: 826

... substantive constitutional rights under the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c). 1 In Luke 24:13-53 ... meant to preserve historic resources: the New Jersey Historic Trust, N.J.S.A. 13:1B-15.111 to -15.127, and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 to -57. Neither act, however, refers to ... in any event, could not override a constitutional guarantee. See N.J.S.A. 13:1B-15.111 to -15.127; N.J.S.A. 13:8C-1 to -57. We therefore find that the ...

docket:	a_71_16
court:	NJ Supreme Court
decided:	2018-04-18
status:
citation:
Document Size:	116600

2764 Brenda Mani v. James J. Mani -- rank: 826

... a divorce action on fault-based grounds are minimal. Addressing N.J.S.A. 2A:34-23, the Court stated that the focus on ... hereinafter Final Report]. “In very large part” the resulting statute, N.J.S.A. 2A:34-23, was “based upon the proposed Divorce Reform ... regardless of which party caused the breakdown in the marriage. N.J.S.A. 2A:34-23, and despite the Commission’s stated hope ... irrelevant to equitable distribution, child support and custody, we addressed N.J.S.A. 2A:34-23 and stated that “the focus of the ... the issue of attorneys’ fees. In awarding attorney’s fees, N.J.S.A. 2A:34-23 requires a court “to consider the factors ... and application of the Divorce Act of 1971, as amended, N.J.S.A. 2A:34-1, et seq.: (1) in the exercise ...

docket:	a-53-03
court:	njsupreme
decided:	2005-04-06
status:
citation:	183 N.J. 70
Document Size:	101308

2765 LUZ M. CRUZ v. CENTRAL JERSEY LANDSCAPING, INC. -- rank: 826

... that raise a common question under the Workers' Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act). On January 14 ... that varied with the number of the decedent's dependents, N.J.S.A. 34:15-13a-e. The range was: fifty percent of wages for one dependent, N.J.S.A. 34:15-13d, and seventy percent of wages for five or more dependents, N.J.S.A. 34:15-13e. Under the revised formula, adopted effective January 14, 2004, subsection a of N.J.S.A. 34:15-13 was amended to provide a benefit based ... dependents." L. 2003, c. 253, § 1. The subsections of N.J.S.A. 34:15-13 addressing benefits for two, three, four ...

docket:	A3843-04
court:	NJ Superior Court Appellate Division
decided:	2007-05-14
status:	published
citation:
Document Size:	91351

2766 STATE OF NEW JERSEY v. BARTHOLOMEW P MCINERNEY -- rank: 826

... crime of the second degree defined in subsection a of N.J.S.A. 2C:24-4. 1 The judge sentenced him to three ... who has assumed responsibility for the care of a child." N.J.S.A. 2C:24-4a. Although the evidence was adequate to permit ... BE REMANDED FOR RE-SENTENCING. II A Subsection a of N.J.S.A. 2C:24-4 defines second- and third-degree crimes of ... of a child sixteen years of age or older under N.J.S.A. 2C:24-4a. Cf. N.J.S.A. 9:6-3 (defining a fourth-degree crime that applies ... 16 (App. Div. 2002) (discussing prosecutorial discretion to charge under N.J.S.A. 2C:24-4a or N.J.S.A. 9: ...

docket:	a5292-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	published
citation:	428 N.J.Super. 432 54 A.3d 281
Document Size:	61794

2767 /usr/local/share/www/libweb/collections/courts/appellate/a5670-18.opn.html -- rank: 826

... s motion to sentence defendant as a persistent offender, see N.J.S.A. 2C:44-3(a). After denying defendant's motion for ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2. This appeal followed. Defendant raises the ... reject the argument. 'Our law recognizes two forms of kidnapping, . . . . N.J.S.A. 2C:13-1(a) addresses holding a victim for ransom, reward[,] or as a hostage, while N.J.S.A. 2C:13-1(b) criminalizes 'other purposes' or 'non-ransom ... for ransom or reward or as a shield or hostage.' N.J.S.A. 2C:13-1(a). The terms 'ransom' and 'hostage' are ... had no objections. Consistent with Model Jury Charges (Criminal), 'Kidnapping (N.J.S.A. 2C:13-1(a))' (rev. Oct. 6, 2014), the ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	58181

2768 State v. Gregory Oliver -- rank: 826

... violent offenses. In 1973, he was convicted of robbery under N.J.S.A. 2A:141-1. The trial court determined that this crime ... first-degree robbery as defined in the current code at N.J.S.A. 2C:15-1. The Appellate Division reversed, finding that the ... this holding.     In 1979, defendant was convicted of robbery under N.J.S.A. 2A:141-1 and atrocious assault under N.J.S.A. 2C:15-1b. In 1986, defendant was convicted on three ... a three-strikes bill entitled the Persistent Offender Accountability Act. N.J.S.A. 2C:43-7.1a. That law mandates a life sentence ... violent offenses. In 1973, defendant was convicted of robbery under N.J.S.A. 2A:141-1. The trial court determined that this ...

docket:	a-72-98
court:	njsupreme
decided:	2000-02-28
status:
citation:	162 N.J. 580
Document Size:	53030

2769 STATE OF NEW JERSEY v. LEWIS HOOPER -- rank: 826

... of second-degree conspiracy to commit armed robbery and robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); first-degree armed robbery, N.J.S.A. 2C:15-1 (count two); first- degree robbery, N.J.S.A. 2C:15-1 (count three); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1) and (2) (count four); ...

docket:	a3436-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-10
status:	Published
citation:	459 N.J.Super. 157 208 A.3d 38
Document Size:	63754

2770 STATE OF NEW JERSEY v. BROOKS G. HARRIS -- rank: 826

... appeals his convictions for first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or (2) (counts one and two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) or (2) (counts five and six); second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1b(1) (count seven); second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) and N.J.S.A. ...

docket:	a6202-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-15
status:	unpublished
citation:
Document Size:	86158

2771 DONNA ROWE v. BELL & GOSSETT COMPANY -- rank: 826

... against all co-defendants under the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, and 5 A-4530-14T2 the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (Act). The jury ... of a percentage, of each party's negligence or fault.' N.J.S.A. 2A:15-5.2(a)(2). The cases do not ... to compel the witness's attendance under the Interstate Compact, N.J.S.A. 2A:81-18 to -23. The court rejected the State ...

docket:	a4530-14
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	151328

2772 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L.R.R. -- rank: 826

... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(1) and (2). "While the ... N.J. Super. 451 , 487-88 (App. Div. 2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). Reasonable efforts depend upon ... N.J. Super. 418 , 434-35 (App. Div. 2001) (citing N.J.S.A. 30:4C-15.1(a)(3)), certif. denied , 171 N ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The Division does ...

docket:	a4151-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-24
status:	unpublished
citation:
Document Size:	61911

2773 US Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection -- rank: 826

... writing for the Court. The Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.34 (“Spill Actâ ... a claim produces the agency’s final quasi-judicial decision. N.J.S.A. 58:10- 23.11n(g). An agency’s quasi-judicial ... had the benefit of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.34 (“Spill Actâ ... Marsh v. DEP, 152 N.J. 137, 144 (1997) (quoting N.J.S.A. 58:10-23.11a). The Spill Compensation Fund (“Spill ... as well as to address other cleanup needs. Ibid.; see N.J.S.A. 58:10-23.11i (creating the Spill Fund). With the ... a claim produces the agency’s final quasi-judicial decision. N.J.S.A. 58:10-23.11n(g). An agency’s quasi- ...

docket:	a-78-17
court:	NJ Supreme Court
decided:	2019-07-29
status:
citation:	--- A.3d ----
Document Size:	70307

2774 Toll Bros., Inc. and Laurel Creek, L.P. v. Board of Chosen Freeholders ofthe County of Burlington and the Planning Board of the County of Burlington -- rank: 826

... application or in the conditions surrounding the property warrants it. N.J.S.A. 40:55D-12(a) explicitly codifies the right of a ... its pro-rata share of the cost of such improvements. N.J.S.A. 40:55D-42; Holmdel Builders Ass’n v. Twp. of ... and citations omitted).] Of particular importance to this case is N.J.S.A. 40:55D-42, which provides the boundaries of a public ... each developer or owner within a related and common area. [ N.J.S.A. 40:55D-42 (emphasis added).] Fundamental to that provision, which ... of the properties benefited pursuant to the procedure outlined in N.J.S.A. 40:56-1, et seq. The third course is to ... to request a change in the conditions of approval in N.J.S.A. 40:55D-12(a), which requires public notice and ...

docket:	a-123-06
court:
decided:	2008-03-31
status:
citation:	*CITE_PENDING*
Document Size:	107765

2775 State v. K.S. -- rank: 826

... applicants. The Legislature also codified the PTI Program by enacting N.J.S.A. 2C:43-12, which largely adopted the procedures and guidelines ... PTI Programs in the vicinage. R. 3:28(a), (b). N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors to ... court are required to consider the criteria set forth in N.J.S.A. 2C:43-12. Also, the written recommendations of the program ... to one or more of the factors set forth in N.J.S.A. 2C:43-12(e). (pp. 14-16) The judgment of ... K.S. was arrested and charged with driving while intoxicated, N.J.S.A. 39:4-50, and refusing to submit to a breath test, N.J.S.A. 39:4-50.2. Following his arrest, defendant was ...

docket:	A-36-13
court:	NJ Supreme Court
decided:	2015-01-08
status:
citation:	220 N.J. 190 104 A.3d 258
Document Size:	61436