Search Rutgers Law Library N.J. Court Opinions

3076 29 E 29 STREET HOLDINGS, LLC v. CITY OF BAYONNE -- rank: 824

... Omni')—null and void under the uniformity requirement of N.J.S.A. 40:55D- 62(a). Plaintiffs cross-appeal from the court ... The complaint advanced eight counts: violation of statutory publication requirements, N.J.S.A. 40:49-2 to -2.1; violation of the Municipal Land Use Law ('MLUL') notice requirements, N.J.S.A. 40:55D-62 to -68.6; preemption by the New Jersey Health Care Facilities Planning Act ('NJHCFPA'), N.J.S.A. 26:2H- 1 to -26; lack of uniformity, N.J.S.A. 40:55D-62(a); violation of the federal equal protection ... grounds, the court focused on the issue of uniformity under N.J.S.A. 40:55D-62(a). 12 In 12 The court ...

docket:	a3316-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-26
status:	Unpublished
citation:
Document Size:	61461

3077 STATE OF NEW JERSEY v. ANDREW HIGGINBOTHAM -- rank: 824

... charged him with fifteen counts of second-degree child endangerment, N.J.S.A. 2C:24- 4(b)(4), (5)(a)(i), (5)(a)(ii); and one count of third-degree child endangerment, N.J.S.A. 2C:24-4(b)(5)(b)(iii). These provisions were ... have serious literary, artistic, political or scientific value,' contrary to N.J.S.A. 2C:24-4(b). Defendant moved to dismiss the indictment ... not 'portray a child in a sexually suggestive manner' under N.J.S.A. 2C:24-4(b), 'once . . . defendant A-2548-21 5 ... photographs and video' he created. As to defendant's contention N.J.S.A. 2C:24-4(b) was vague and overbroad due to ... CRIME OF ENDANGERING THE WELFARE OF A CHILD CONTRARY TO N.J.S.A. 2C:24-4. POINT II ALTERNATIVELY, THE TRIAL COURT ...

docket:	a2548-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-24
status:	Published
citation:
Document Size:	75181

3078 /usr/local/share/www/libweb/collections/courts/trial/booker-v-rice.opn.html -- rank: 824

... mayor-council form of government pursuant to the Faulkner Act, N.J.S.A. 40:69A-1 to -210. The City’s charter requires ... members” of the governing body in issue is required under N.J.S.A. 40A:16-7, meaning that Speight could only be validly ... vote. The Mayor then exercised his statutory power pursuant to N.J.S.A. 40A:16-8 to break the assumed “tie” and ... authorities in support of their position. First, they rely upon N.J.S.A. 40A:9-132 to demonstrate the Mayor’s statutory authority ... Council’s authority to create its own procedural rules under N.J.S.A. 40:6A-180, with specific attention toward Section XVI of ... the treatment of abstentions, coupled with the statutory language of N.J.S.A. 40A:16-8 regarding limitations on the Mayor’s ...

docket:	BOOKER-V-RICE
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	78851

3079 DAVID A. FORMAN v. AMY LEVENSON -- rank: 824

... and support orders at any time is specifically recognized by N.J.S.A. 2A:34-23'); see also Chalmers v. Chalmers, 65 N ... Super. 90, 95 (App. Div. 2003) (citation omitted); see also N.J.S.A. 2A:34-23 (stating that child support orders 'may be ... amount should be determined by considering the factors enumerated in N.J.S.A. 2A:34-23(a). Pascale, 140 N.J. at 595 ... on remand. The applicable legal standards are set forth in N.J.S.A. 2A:17-56.8 and Rule 5:7-4A(a ... the court finds good cause for establishing an alternative arrangement. [N.J.S.A. 2A:17-56.8.] Similarly, Rule 5:7-4A(a ... Similarly, the judge's order should have included this notice. N.J.S.A. 2A:17-56.8 establishes: Every complaint, notice or ...

docket:	a0238-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	57464

3080 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.B. -- rank: 824

... and convincing evidence before termination of parental rights can occur. N.J.S.A. 30:4C-15 and 15.1a. See also N.J ... at 10 ). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1a requires the Division to prove: (1 ... subject to an order under the Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-1 to -7. In the course of the ... granting it care and supervision of Kurt Jr., pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. After a violent interaction between Kurt and ... to the Interstate Compact on the Placement of Children (ICPC), N.J.S.A. 9:23-1 to -18, the Division requested the ...

docket:	a1545-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	unpublished
citation:
Document Size:	51779

3081 STATE OF NEW JERSEY v. ROYCE BERRY -- rank: 824

... counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a), and one count of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4. The charges arose from the death of ... welfare charges and the lesser-included offense of reckless manslaughter, N.J.S.A. 2C:24-4b(1), and sentenced to an aggregate term ... those years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals from his convictions and ... N.J. Super. 353 , 370 (App. Div. 2008); see also N.J.S.A. 2C:43-2(e); R. 3:21-4(g). Although ... another offense); and (9) (need to deter defendant and others). N.J.S.A. 2C:44-1(a). The court found only one ...

docket:	a0482-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-20
status:	unpublished
citation:
Document Size:	83066

3082 STATE OF NEW JERSEY v. RODNEY SMILEY -- rank: 824

... grand jury indicted defendant Rodney Smiley for first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count two); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (counts four and five); second-degree witness tampering, N.J.S.A. 2C:28-5(a)(1) (count six); and second- ...

docket:	a1648-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	56940

3083 /usr/local/share/www/libweb/collections/courts/appellate/a0203-18.opn.html -- rank: 824

... committing second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1). On appeal, defendant argues that ... charged defendant with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), which the State later dismissed, and ... 0203-18T2 4 extended term as a 'persistent offender' under N.J.S.A. 2C:44-3(a), which the court granted before sentencing ... the statutory criteria to be considered a persistent offender under N.J.S.A. 2C:44-3 and therefore he was eligible for sentencing ... factors three, the risk that defendant would commit another offense, N.J.S.A. 2C:44- - A-0203-18T2 22 1(a)(3), six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6), and nine, the need ...

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3084 STATE OF NEW JERSEY v. NDERIM AMETI -- rank: 824

... was arrested by Lincoln Park police and charged with DWI, N.J.S.A. 39:4-50, possession of marijuana, N.J.S.A. 2C:35-10a(4), and possession of drug paraphernalia, N.J.S.A. 2C:36-2. He brought motions to suppress the evidence ... THAT THE DEFENDANT OPERATED A MOTOR VEHICLE IN VIOLATION OF N.J.S.A. 39:4-50. II. THE FIELD SOBRIETY TESTS ADMINISTERED TO ... of his operation of the motor vehicle, as required by N.J.S.A. 39:4-50(a). We disagree. N.J.S.A. 39:4-50(a) pertains to "a person who ...

docket:	a4169-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	55726

3085 STATE OF NEW JERSEY v. JAMES COMER, -- rank: 824

... custodial sentence for first-degree felony murder, as mandated by N.J.S.A. 2C:11-3(a)(3). The trial court made concurrent ... counts:  count one -- conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2;  count two -- purposeful and knowing murder, contrary to N.J.S.A. 2C:11- 3(a)(1) and (2) (applicable to Adams only);  count three -- felony murder, contrary to N.J.S.A. 2C:11-3(a)(3);  count four -- first-degree robbery of Paul, contrary to N.J.S.A. 2C:15-1;  count five -- possession of a firearm (a handgun) without a permit, contrary to N.J.S.A. 2C:39-5(b);  count six -- possession of ...

docket:	a1230-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	56441

3086 DIVISION OF YOUTH AND FAMILY SERVICES v. D.D. IN THE MATTER OF THE GUARDIANSHIP OF J.L.H., Jr. and J.X.H., minors -- rank: 824

... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1a, were unsupported by clear and convincing ... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). This responsibility, in some cases, requires ... supra , 103 N.J. at 602-11, was codified in N.J.S.A. 30:4C-15.1a, and requires the State to establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four requirements "are not discrete ... and fourth prongs of the statutory test set forth in N.J.S.A. 30:4C-15.1a. Regarding the Division's evidence to ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1c.] The emphasis is not on ...

docket:	a3942-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	49903

3087 STATE OF NEW JERSEY v. NYJE JOHNSON -- rank: 824

... 1139-17T4 3 with first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11- 3(a) (count two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) (count three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count eight); and second-degree ...

docket:	a1139-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-30
status:	Unpublished
citation:
Document Size:	85674

3088 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 824

... second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1); and fourth-degree possession of hollow-nose bullets, N.J.S.A. 2C:39-3(f). They filed a motion to suppress ... citation omitted). Defendant has not made that showing. Defendant cites N.J.S.A. 40A:14-53, which provides that "[t]he governing body ... Department to enforce parking in fire lanes. First, defendant misreads N.J.S.A. 40A:14-53. It permits municipalities to authorize fire department ... that the defendant's argument ignored "the clear mandate of N.J.S.A. 40A:14-53 . . . and N.J.S.A. 40:48-2.46, which grant to municipalities the ...

docket:	a3655-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	70444

3089 DEBORAH PRESIDENT AND PERRY PRESIDENT v. DR. REGINALD JENKINS, -- rank: 824

... amended complaint, plaintiff also sought a declaratory judgment, pursuant to N.J.S.A. 2A:16-53, that the professional liability insurance policy issued ... v. Chunmuang , 151 N.J. 80 , 87 (1997). See generally N.J.S.A. 17:30D-1 to -17 (stating provisions related to medical ... date for medical malpractice coverage. Footnote: 4 ���� 4 Since then, N.J.S.A. 45:9-19.17 was approved on January 19, 1998 ...

docket:	A1790-01
court:	NJ Superior Court Appellate Division
decided:	2003-02-06
status:	published
citation:	357 N.J. Super. 288 814 A.2d 117
Document Size:	89508

3090 STATE OF NEW JERSEY v. ROGER EMMONS -- rank: 824

... in court or for service of a sentence. This section, N.J.S.A. 2C:29-7, provides in pertinent part: A person set ... appear. This appeal presents two issues regarding the constitutionality of N.J.S.A. 2C:29-7: first, whether this section violates the requirement ... was "without lawful excuse" is unconstitutionally vague. We conclude that N.J.S.A. 2C:29-7 does not impose a burden upon a ... jury instruction in the language of the second sentence of N.J.S.A. 2C:29-7 would impose an unconstitutional burden upon a ... addition, we conclude that the "without lawful excuse" element of N.J.S.A. 2C:29-7 is not unconstitutionally vague. Therefore, we uphold the constitutionality of N.J.S.A. 2C:43-7.2. The court imposed a concurrent ...

docket:	a5689-05
court:	njappellate
decided:	2007-12-07
status:	published
citation:	397 N.J.Super. 112
Document Size:	79644