Search Rutgers Law Library N.J. Court Opinions

3376 /usr/local/share/www/libweb/collections/courts/appellate/a1303-05_1.opn.html -- rank: 821

... 26, 2003, charged defendant, Albert Wessel, with murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (2) (count one); felony murder, contrary to N.J.S.A. 2C:11-3(a)(3) (count two); first-degree armed robbery, contrary to N.J.S.A. 2C:15-1 (count three); second-degree armed burglary, contrary to N.J.S.A. 2C:18-2 (count four); third-degree burglary, contrary to N.J.S.A. 2C:18-2 (count five); fourth-degree theft of movable property, contrary to N.J.S.A. 2C:20-3 (count six); third-degree possession of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68654

3377 STATE OF NEW JERSEY v. MICHAEL MAJETTE -- rank: 821

... was found guilty by a jury of possession of cocaine N.J.S.A. 2C:2-6 (Count One); distribution of cocaine, N.J.S.A. 2C:2-6 (Counts Two and Four); and distribution of cocaine within 1000 feet of school property, N.J.S.A. 2C:35-7, N.J.S.A. 2C:35-5a, and N.J.S.A. 2C:2-6 (Counts Three and Five). Following appropriate mergers, defendant was sentenced to a mandatory extended term, N.J.S.A. 2C:43-6f, of nine years with a three- ...

docket:	a6158-05
court:	njappellate
decided:	2008-01-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	101490

3378 JOAN RICHARDSON v. STANDARD GUARANTY INSURANCE COMPANY, et al. -- rank: 821

... to protect the interests of New Jersey's insurance consumers." N.J.S.A. 17B:29-1, and has adopted regulations which authorize the ... And DOBI's determinations are subject to judicial review. See N.J.S.A. 17B:29-13. Accordingly, we see no cause for the ... will not be enforced to the extent inconsistent with TILA, N.J.S.A. 17:3B-1, and to the extent both TILA and ... plaintiff will be limited to the remedies available under TILA, N.J.S.A. 17:3B-2.     Given this statutory and regulatory framework, we ...

docket:	a5071-01
court:	njappellate
decided:	2004-07-22
status:	published
citation:	371 N.J. Super. 449
Document Size:	62663

3379 STATE OF NEW JERSEY v. JAQUAN O'NEAL -- rank: 821

... defendant Jaquan O'Neal of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d). He was sentenced to an aggregate ... two months of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c).1 Defendant claims he was deprived ... to time served for an unrelated disorderly persons wandering offense, N.J.S.A. 2C:33-2.1. None of these convictions is the ... State v. Best, 70 N.J. 56, 61 (1976). Further, N.J.S.A. 2C:1-8 provides for merger of offenses to ...

docket:	a4790-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	39050

3380 STATE OF NEW JERSEY v. T.M. -- rank: 821

... defendant T.M. was convicted of third-degree criminal restraint, N.J.S.A. 2C:13-2; second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); third-degree possession of a weapon for 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); third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(A); and fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a). The trial judge sentenced defendant ...

docket:	a2641-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	43248

3381 Hamid Harris v. City of Newark -- rank: 821

... claims brought under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2. Defendants contend that the trial ... rights guaranteed by New Jersey’s Constitution and laws. See N.J.S.A. 10:6-2(c). Qualified immunity operates to shield government ... actions brought under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 2 10:6-1 to -2, and federal causes of ... Section 1983 applies only to deprivations of federal rights, whereas N.J.S.A. 10:6-1 to -2 applies not only to federal ... action for damages and for injunctive or other appropriate relief. [N.J.S.A. 10:6-2(c).] “[Q]ualified immunity operates to ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9, whether entered in the cause or ...

docket:	a-59-20
court:	NJ Supreme Court
decided:	2022-03-30
status:
citation:
Document Size:	59501

3382 NANCY DiVIGENZE et al. v. CHRYSLER CORPORATION, -- rank: 821

... 1997 Jeep Cherokee under the New Jersey Automobile Lemon Law, N.J.S.A. 56:12-19 to - 28, and provided for the first ... in the Division of Consumer Affairs (the Division) pursuant to N.J.S.A. 56:12-37, or when a consumer who seeks relief ... recognized by the statute invokes an evidentiary presumption established by N.J.S.A. 56:12-33. But N.J.A.C. 13:45A ... complaint included counts under the New Jersey Automobile Lemon Law, N.J.S.A. 56:12-29 to -49, the Magnuson-Moss Warranty Act ... C.A. §§2301 -2312, the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -91, express warranties under the contract ... in issue, N.J.A.C. 45:13-26.5.      N.J.S.A. 56:12-29 sets forth the legislative findings that ...

docket:	A2588-99
court:	NJ Superior Court Appellate Division
decided:	2001-11-21
status:	published
citation:	345 N.J. Super. 314 785 A.2d 37
Document Size:	53288

3383 STATE OF NEW JERSEY v. GREGORY A. MARTINEZ, -- rank: 821

... Jersey Wiretapping and Electronic Surveillance Control Act ('the Wiretap Act'), N.J.S.A. 2A:156A-1 to -34. However, we hold that mere ... counts of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10(a)(1) (counts 1, 5, and 8 ... distribution of a 6 A-3479-18T4 controlled dangerous substance, N.J.S.A. 2C:35- 5(a)(1) and N.J.S.A. 2C:35-5(b)(2) (counts 2, 6, and 9 ... of a controlled dangerous substance near or on school property, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7(a) (counts 3 and 7); and ...

docket:	a3479-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-29
status:	Published
citation:
Document Size:	126724

3384 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 821

... to prove all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), at trial. Because we are ... the Division requires maintenance of a licensed resource home. See N.J.S.A. 30:4C-27.3 to -27.15. Shana Harper-Neal ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four prongs of the ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge looked to ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related ... care'). The statutory language the trial judge focused on in N.J.S.A. 30:4C- 15.1(a)(2), that 'separating the ...

docket:	a0170-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-22
status:	Unpublished
citation:
Document Size:	117119

3385 State v. Fareed M. Gandhi -- rank: 821

... Court. The Court interprets New Jersey's anti-stalking statute, N.J.S.A. 2C:12-10, to determine whether the jury charge in ... s and/or Judge DeStefano's orders, in violation of N.J.S.A. 2C:12-10, reaches and punishes one who purposefully or ... 2003, in violation of a pre-existing court order. See N.J.S.A. 2C:12-10. For approximately six months beginning in January ... 11, 2004, in violation of an existing court order, see N.J.S.A. 2C:12-10, and twelve counts of contempt of court ... s "and/or" Judge DeStefano's orders, in violation of N.J.S.A. 2C:29-9. Prior to trial, one count of contempt ... accepted meaning, according to the approved usage of the language. [ N.J.S.A. 1:1-1.] Additional interpretive guidance in respect of ...

docket:	a-101-08
court:	supreme
decided:	2010-02-24
status:
citation:
Document Size:	122711

3386 State v. A.R. -- rank: 821

... four charges: two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (Counts 1 and 2); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (Count 3); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Count 4). Defendant testified at trial ... term, subject to the No Early Release Act (NERA), 3 N.J.S.A. 2C:43-7.2, and Megan’s Law, N.J.S.A. 2C:7-1 to -23. The Appellate Division reversed defendantâ ... a jury convicted the defendant of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and third-degree endangering the ...

docket:	A-63-11
court:	NJ Supreme Court
decided:	2013-05-16
status:
citation:	213 N.J. 542 65 A.3d 818
Document Size:	94349

3387 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 821

... neglected Diane's child within the meaning of Title 9, N.J.S.A. 9:6-8.21 to -8.73. In reaching its ... but "given the totality of the circumstances," and citing to N.J.S.A. 9:6-8.21(c)(4)(b), she found that ... the metal bat incident occurred. Furthermore, Judge DeCastro cited to N.J.S.A. 9:6-8.21(c)(4)(a) and found Carla ... Family Servs. , 157 N.J. 161 , 171 (1999)); see also N.J.S.A. 9:6-8.21 to -8.73. Title 9 is ... child." Y.N. , supra , 220 N.J. at 178 (citing N.J.S.A. 9:6-8.33). N.J.S.A. 9:6-8.21(c)(4) provides that a ...

docket:	a0156-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	42264

3388 STATE OF NEW JERSEY v. GREGORY P. COBBS -- rank: 821

... a prosecution for intentional failure to pay New Jersey taxes. N.J.S.A. 54:52- 9(a). Upon reconsideration, the trial court denied ... of statutory interpretation, we conclude that the limitations period under N.J.S.A. 2C:1-6 for failure to pay tax under N.J.S.A. 54:52-9(a) begins to run when the defendant ... reconsideration motion. Defendant contended the five-year limitations period under N.J.S.A. 2C:1-6(b)(1) began to run on April ... Legislature intended to designate criminal failure to pay tax under N.J.S.A. 54:52-9(a) as a continuing crime, although it ... must be commenced within five years after it is committed.' N.J.S.A. 2C:1- (continued) aggravating factors found to exist at ...

docket:	a4479-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-23
status:	published
citation:	451 N.J.Super. 1 164 A.3d 1062
Document Size:	46141

3389 STATE OF NEW JERSEY v. LAMAR HUNT -- rank: 821

... July 26, 2017 judgment of conviction for first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), and two second-degree weapons possession offenses, N.J.S.A. 2C:39-5(b) and 4(a), following a five ... and this State's common law, now embodied in statute N.J.S.A. 2A:84A-19, and evidence rule, N.J.R.E ... to charge on a lesser-included offense is governed by N.J.S.A. 2C:1-8(e).' State v. Alexander, 233 N.J ... for a verdict convicting the defendant of the included offense.' N.J.S.A. 2C:1-8(e). The inquiry is ''whether the evidence ... The lesser-included offense of murder is aggravated manslaughter. See N.J.S.A. 2C:11-4(a). N.J.S.A. 2C: ...

docket:	a1135-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	42737

3390 BARBARA MCLAREN v. THE UPS STORE, INC -- rank: 821

... s individual claims premised upon defendant's 'alleged violation of N.J.S.A. 22A:4-14.'1 That statute provides: For a service ... in a single transaction to finance real estate, $25.00. [ N.J.S.A. 22A:4-14 (the Statute) (emphasis added).] Because this appeal ... of the Statute; violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -226; unjust enrichment; and civil A ... 462 (1977)). Pursuant to the Notaries Public Act (the NPA), N.J.S.A. 52:7-10 to -21, notaries are appointed by the ... removed from office at the pleasure of the State Treasurer.' N.J.S.A. 52:7-11(a). A notary must 'subscribe an oath' and 'indorse a certificate of commission and qualification.' N.J.S.A. 52:7-14(a) and (b). Notaries may be ...

docket:	a1612-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-22
status:	Unpublished
citation:
Document Size:	45698