Search Rutgers Law Library N.J. Court Opinions

2866 M.S. v. D.H -- rank: 824

... plaintiff pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We affirm. Plaintiff hired defendant ... PDVA, alleging defendant committed acts of domestic violence, specifically harassment, N.J.S.A. 2C:33-4. In the complaint, plaintiff alleged that on ... evidence that . . . defendant committed the predicate act of harassment under [ N.J.S.A.] 2C:33-4(a) with respect to offensively [coarse] language ... AVAILABLE EVIDENCE DISCLOSED TO EXIST DURING THE FRO HEARING, VIOLATED [N.J.S.A.] . . . 2C:25-29 AND NECESSITATES RELIEF FROM THE FRO. A ... household member or was at any time a household member,' N.J.S.A. 2C:25-19(d); (2) 'one or more of the predicate acts set forth in [N.J.S.A. 2C:25-19(a)] has occurred,' Silver v. Silver, ...

docket:	a1548-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	47069

2867 STATE OF NEW JERSEY v. CARLTON HARRIS -- rank: 824

... the provisions of the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, may be used in a ... in the execution of a PDVA search warrant for weapons, N.J.S.A. 2C:25-28(j). In precluding the use of the ... Part issued a temporary restraining order (TRO) under the PDVA. N.J.S.A. 2C:25-28(f); see also R. 5:7A(c ... charged with second-degree unlawful possession of an assault rifle, N.J.S.A. 2C:39-5(f) (count one); third-degree possession of a loaded rifle, N.J.S.A. 2C:39-5(c)(2) (count two); five counts fourth ... capacity ammunition magazine (counts three, four, five, six and seven), N.J.S.A. 2C:39-3(j); second-degree unlawful possession of ...

docket:	a6112-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	61221

2868 /usr/local/share/www/libweb/collections/courts/appellate/a0805-18.opn.html -- rank: 824

... guilty on two counts of reckless manslaughter, in violation of N.J.S.A. 2C:11-4(b)(1). She appeals from the judgment ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43- -7.2. The judge ordered that the sentences ... instruct the jury on death by auto or vessel under N.J.S.A. 2C:11-5, as an included offense. We disagree. '[A ... criminal homicide constitutes manslaughter when '[i]t is committed recklessly.' N.J.S.A. 2C:11-4(b)(1). The Criminal Code also states ... a reasonable person would observe in the actor's situation. [N.J.S.A. 2C:2-2(b)(3).] A-0805-18T2 11 In ... model jury charge. See Model Jury Charges (Criminal), 'Reckless Manslaughter (N.J.S.A. 2C:11-4b(1))' (rev. Mar. 22, 2004). The ...

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2869 STATE OF NEW JERSEY v. ANTHONY M. WASHINGTON -- rank: 824

... conviction, after a jury trial, of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession of a weapon with an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); attempted burglary, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:18-2(a)(1); and disorderly persons criminal mischief, N.J.S.A. 2C:17-3(a)(1). Considering the record and ...

docket:	a2210-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Unpublished
citation:
Document Size:	45337

2870 /usr/local/share/www/libweb/collections/courts/appellate/a3990-18.opn.html -- rank: 824

... nature of the case shall render fit, reasonable and just.' N.J.S.A. 2A:34- -23. 'Whether alimony should be awarded is governed ... 3990-18 6 other' – listed by the Legislature in N.J.S.A. 2A:34-23(b). Gnall v. Gnall, 222 N.J ... findings on the evidence about all of the statutory factors.' N.J.S.A. 2A:34-23(c); see also Crews v. Crews, 164 ... the 'actual need and ability of the parties to pay,' N.J.S.A. 2A:34-23(b)(1) – the judge found 'the ... second and third factors – the 'duration of the marriage,' N.J.S.A. 2A:34-23(b)(2), and the 'age, physical and emotional health of the parties,' N.J.S.A. 2A:34-23(b)(3) – the judge found ...

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2871 S.B.B. v. L.B.B. -- rank: 824

... B., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25- 17 to -35. The FRO was based on ... Applying the elements of subsection (a) of the harassment statute, N.J.S.A. 2C:33-4(a), to her factual findings, in accordance ... communication was 'invasive' of plaintiff's privacy, as proscribed by N.J.S.A. 2C:33-4(a). See State v. Hoffman, 149 N ... of cyber harassment. Next, applying the second Silver prong and N.J.S.A. 2C:25-29(a), the judge found that an FRO ... in the amount of $10,035 as compensatory damages. See N.J.S.A. 2C:25-29(b)(4). In this ensuing appeal of ... WERE NOT MET. A. The Court Did Not Address The N.J.S.A. 2C:25-29(a) Factors As The Law Required. ...

docket:	a0305-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-06
status:	Published
citation:
Document Size:	76236

2872 /usr/local/share/www/libweb/collections/courts/tax/10172-41.opn.html -- rank: 824

... application for a veteran’s property tax exemption pursuant to N.J.S.A. 54:4-3.30 for tax year 2016. At issue ... the disabled veteran’s exemption was being disallowed based on N.J.S.A. 54:4-3.30(b)(1) 11 , which the assessor ... 31, 1989. The above statement is issued in accordance with N.J.S.A. 54:4-3.30.ET SEQ. Plaintiff appealed the assessor� ... to the 1947 constitutional provision, the New Jersey Legislature enacted N.J.S.A. 54:4-3.30 (“Exemption Statute”) in 1948, which ... shall be exempt from taxation on proper claim made therefore… [ N.J.S.A. 54:4-3.30(a); L. 1948.] As originally enacted ... gender specific language with gender-neutral language. As a result, N.J.S.A. 54:4-3.30 (b)(2), reads as follows: ...

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court:	NJ Superior Court Law/Chancery Division
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2873 L.E v. K.E.W -- rank: 824

... E., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. This case presents unusual circumstances ... act constituting harassment A-5712-17T1 2 in violation of N.J.S.A. 2C:34-4(c); and (3) an FRO is not ... judge concluded defendant's actions constituted harassment in violation of N.J.S.A. 2C:33-4(c). The court stated, I find that ... 426 N.J. Super. 398, 409 (App. Div. 2012) (quoting N.J.S.A. 2C:25-19(d) (1994), amended by L. 2015, c ... household member or was at any time a household member.' N.J.S.A. 2C:25-19(d) (emphasis added). In R.G., we ... be liberally construed to achieve its salutary purposes.'); see also N.J.S.A. 2C:25-18 ('It is . . . the intent of the ...

docket:	a5712-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	47524

2874 STATE OF NEW JERSEY v. RAHEEM JONES -- rank: 824

... degree murder in the stabbing death of L.S., 1 N.J.S.A. 2C:11-3(a)(1) and 2C:11-3(a ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(d) (count two); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count three). At sentencing, the State ... moved to impose an extended term of imprisonment pursuant to N.J.S.A. 2C:44-3(a). The judge merged counts two and ... of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judgment of conviction (JOC) reflects ... an extended term or imposed a life term pursuant to N.J.S.A. 2C:11- 3(b)(1) (permitting 'a specific term ...

docket:	a5394-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	37817

2875 STATE OF NEW JERSEY v. ANDRES J. PAYANO -- rank: 824

... on four counts: count five - third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); count six - third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3); count seven - third ... with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7; and count eight - second-degree possession of ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1. The jury convicted defendant on all ... years in prison with three years of parole ineligibility. See N.J.S.A. 2C:43-6(a)(2), 2C:35-7(a), 2C ... and any mitigation based on his age of twenty. See N.J.S.A. 2C:44-1(a)(3), (a)(6), (a)(9), ( ...

docket:	a4058-12
court:	NJ Superior Court Appellate Division
decided:	2011-09-18
status:	unpublished
citation:
Document Size:	50194

2876 STATE OF NEW JERSEY v. TERREL F. GOLDSMITH -- rank: 824

... for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), and third-degree possession with intent to distribute CDS, N.J.S.A. 2C:35-5(a)(1), as well as the resulting ... degree conspiracy to commit the crime of possession of CDS, N.J.S.A. 2C:5-2 (count one); third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count two); third-degree possession of CDS with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), b(3) (count three); third ... CDS with the intent to distribute within a school zone, N.J.S.A. 2C:35-7 (count four); and second-degree possession ...

docket:	a2496-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	78326

2877 STATE OF NEW JERSEY v. JOHN A. VICARI -- rank: 824

... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), after being indicted for this and ... month period of parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). Prior to sentencing, defendant, a first ... as provided by an amendment to the Graves Act. See N.J.S.A. 2C:43-6.2 (Section 6.2). The prosecutor rejected ... DENYING DEFENDANT'S APPLICATION UNDER THE GRAVES ACT ESCAPE VALVE, N.J.S.A. 2C:43-6.2, AND REMAND FOR RESENTENCING. (Raised Below ... N.J. 161 , 176 (2010). In adopting the Graves Act, N.J.S.A. 2C:43-6(c), the Legislature intended to impose significant ... crime, during which the defendant shall be ineligible for parole. [ N.J.S.A. 2C:43-6(c).] The significant punishment imposed by ...

docket:	a3887-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	51356

2878 /usr/local/share/www/libweb/collections/courts/appellate/a4731-17.opn.html -- rank: 824

... 0050, charging one count of third- degree possession of CDS, N.J.S.A. 2C:35-10(a)(1). A-4731-17T1 2 BECAUSE ... indictment included four counts of third - degree possession of CDS, N.J.S.A. 2C:35-10(a)(1); four counts of third-degree possession with intent to distribute CDS, N.J.S.A. 2C:35-5(a)(1), -5(b)(3); two counts of third-degree distribution of CDS, N.J.S.A. 2C:35-5(a)(1), -5(b)(3); and one ... degree distribution of CDS within 500 feet of public housing, N.J.S.A. 2C:35-7.1(a). A-4731-17T1 3 SEARCH ... exit the vehicle and arrested him for hindering an investigation, N.J.S.A. 2C:29-3(b). An initial search of his ...

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2879 HamilGraham v. Roselle Borough -- rank: 824

... common level range between 48.97% and 66.25%. See N.J.S.A. 54:1 - 35 a(a); N.J.S.A. 54:1-35a(b). When the average ratio is applied ... The court, in examining N.J.R.E. 703 and N.J.S.A. 2A:83-1, observed that an expert is permitted to ... the Division of Taxation’s annual assessment-sales ratio study. N.J.S.A. 54:1-35.1; N.J.A.C. 18:12 ... to ascertain true value… [which] for purposes of this act [ N.J.S.A. 54:1-35.3] shall be deemed to be valuation ... This process involves application of the Chapter 123 average ratio. N.J.S.A. 54:1 - 35a(a ) . This requires the fair market ...

docket:	15573-13
court:	New Jersey Tax Court
decided:	2015-05-05
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Document Size:	60628

2880 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES IN THE MATTER OF THE GUARDIANSHIP OF A.R.S-R AND A.C.S–R -- rank: 824

... PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY N.J.S.A. 30:4C-15 and 30:4C-15.1. THE TRIAL ... when it is in "the best interests of [any] child." N.J.S.A. 30:4C-15.1(a). The Legislature codified a judicial ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) (codifying N.J. Div. of ... current living situation in finding that the second prong of N.J.S.A. 30:4C-15.1(a) weighed in favor of termination ... to provide a safe and stable home for the child . . . ." N.J.S.A. 30:4C-15.1(a)(2). Courts should not resort ... there was insufficient evidence to meet the third prong of N.J.S.A. 30:4C-15.1(a). M.S. argues that ...

docket:	a4581-09
court:	superior court appellate division
decided:	2011-01-25
status:	Unpublished
citation:
Document Size:	51228