Search Rutgers Law Library N.J. Court Opinions

3616 STATE OF NEW JERSEY v. NASEEM ABDUL MUHAMMED -- rank: 821

... in statute and as part of our evidence rules. See N.J.S.A. 2A:84A-19 and N.J.R.E. 503. See ... that a strict adherence to the definition of "included" under N.J.S.A. 2C:1-8d "is less important than whether the evidence ... coercion and severe     personal injury is sustained by the victim. [ N.J.S.A. 2C:14-2(a)(6).] "Sexual penetration" is defined as ... either by the actor or upon the actor's instruction." N.J.S.A. 2C:14-1(c).     In contrast, in order to commit ...

docket:	a6420-01
court:	njappellate
decided:	2004-01-30
status:	published
citation:	366 N.J. Super. 185
Document Size:	48606

3617 K.A.B.,1 v. L.M.B -- rank: 821

... A.B., pursuant to the Prevention of Domestic Violence (PDVA), N.J.S.A. 2C:25-17 to -35, based on the predicate act of harassment, N.J.S.A. 2C:33-4. The Family Part judge determined an FRO ... 2022 order granting plaintiff counsel fees as compensatory damages under N.J.S.A. 2C:25- 29(b)(4), and an amended FRO entered ... judge found plaintiff proved the predicate act of harassment under N.J.S.A. 2C:33-4, based on defendant's searching plaintiff's ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, '[o]ur law is particularly solicitous ... achieve its salutary purposes,' Cesare, 154 N.J. at 400. N.J.S.A. 2C:33-4 states a person acts 'with purpose ...

docket:	a2679-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-13
status:	Unpublished
citation:
Document Size:	42994

3618 ANELLE BRUGALETTA v. CALIXTO GARCIA, D.O STEVEN D. RICHMAN, M.D and PATRICK J. HINES, M.D and CHILTON MEMORIAL HOSPITAL -- rank: 821

... medical malpractice case involves the Patient Safety Act (the Act), N.J.S.A. 26:2H-12.23 to -12.25, which creates an ... hospital develops as part of a self-critical analysis. See N.J.S.A. 26:2H-12.25(g). The trial court compelled defendant ... Brugaletta had suffered a 'serious preventable adverse event' (SPAE), see N.J.S.A. 26:2H-12.25(a); and (2) Chilton failed to ... the Department) or to Brugaletta, as the Act required. See N.J.S.A. 26:2H-12.25(c), -12.25(d). By leave ... of a patient safety plan and related procedural requirements. See N.J.S.A. 26:2H-12.25(b). We agree the privilege does ... create a safety plan establishing a dedicated patient safety committee. N.J.S.A. 26:2H-12.25(b). The purpose of such ...

docket:	a4342-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	published
citation:	448 N.J.Super. 404 153 A.3d 959
Document Size:	41210

3619 IN THE MATTER OF THE ESTATE OF EDWARD H. SHINN, IV -- rank: 821

... IV, which, in the circumstances, was otherwise rendered unenforceable by N.J.S.A. 3B:8-10 and N.J.S.A. 37:2-38. Because "equity follows the law," the doctrine ... to receive her elective share of Edward's estate. II N.J.S.A. 3B:8-1 permits a surviving spouse to elect a ... waived, in whole or in part, by written agreement. Specifically, N.J.S.A. 3B:8-10 expresses the Legislature's intent that an ... the Uniform Premartial Agreement Act, was enacted in this State, N.J.S.A. 37:2-31 to -41. This act defines more thoroughly than N.J.S.A. 3B:8-10 when a premarital agreement may be ...

docket:	A3819-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-20
status:	published
citation:	394 N.J. Super. 55 925 A.2d 88
Document Size:	87975

3620 DELISHA KEMP, A MINOR, BY PARENT AND NATURAL GUARDIAN, DEBRA WRIGHT AND DEBRA WRIGHT IN HER OWN RIGHT V. STATE OF NEW JERSEY COUNTY OF BURLINGTON, RIVERSIDE BOARD OF EDUCATION, AND RIVERSIDE HIGH SCHOOL -- rank: 821

... for summary judgment on several grounds, including the immunities under N.J.S.A. 59:6-4 and N.J.S.A. 26:11-2 (now repealed). See footnote 1 As to ... and now reverse. See footnote 2 I     We first consider N.J.S.A. 59:6-4 which states:             Except for an examination or ... the exception for examinations conducted "for the purpose of treatment," N.J.S.A. 59:6-4 applies to examinations conducted "for the purpose ... Cal. Gov't Code §855.6, California's counterpart to N.J.S.A. 59:6-4, did not apply to examination by State ... to his release).     We consider as well the Comment to N.J.S.A. 59:6-4 that describes the immunity as pertaining ...

docket:	a6252-94
court:	njappellate
decided:	1996-01-17
status:	published
citation:	286 N.J.Super. 549
Document Size:	39802

3621 STATE OF NEW JERSEY v. JAMEEL ROLLINS -- rank: 821

... found defendants guilty of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2 (count two); second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b)(1) (count four); second-degree eluding, N.J.S.A. 2C:29-2(b) (count eight as to Pierrevil and ... two counts of second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b) (counts eleven and fifteen); two ...

docket:	a2468-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-19
status:	unpublished
citation:
Document Size:	76300

3622 STATE OF NEW JERSEY v. EDWARD PEOPLES -- rank: 821

... trial, defendant Edward Peoples was convicted of first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count two); first-degree attempted murder, N.J.S.A. 2C:11-3 (count three); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count five); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count six). 1 At sentencing the trial ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge also imposed a concurrent ... factor three, "[t]he defendant acted under a strong provocation," N.J.S.A. 2C:44-1b(3); factor four, "[t]here were ...

docket:	a5793-08
court:	NJ Superior Court Appellate Division
decided:	2012-05-23
status:	unpublished
citation:
Document Size:	83929

3623 /usr/local/share/www/libweb/collections/courts/appellate/a5068-17.opn.html -- rank: 821

... later charged with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1) (count one); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (count two); fourth-degree obstruction of the administration of law, N.J.S.A. 2C:29-1(a) (count three); fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2) (count four); fourth-degree possession of a large capacity magazine, N.J.S.A. 2C:39-3(j) (count five); third- degree hindering his own apprehension, N.J.S.A. 2C:29-3(b)(1) (count six); and second- ...

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3624 STATE OF NEW JERSEY v. SHAHAAD I. JONES -- rank: 821

... and seizure occurred. Defendant also claimed that, in accordance with N.J.S.A. 40A:14-118.5(q), he was entitled to a ... exculpatory. The State argued an evidentiary hearing was unnecessary and N.J.S.A. 40A:14-118.5(q)'s rebuttable presumption is inapplicable ... s claim he is entitled to a rebuttable presumption under N.J.S.A. 40A:14-118.5(q) that the recording from Officer ... evidentiary hearing was required, the court also erred by concluding N.J.S.A. 40A:14-118.5(q) is inapplicable to issues presented ... rebuttable presumption the officer's BWC recording includes exculpatory evidence. N.J.S.A. 40A:14-118.5(q)(2). In pertinent part, the ... reasonably asserts that exculpatory evidence was destroyed or not captured; [] .... [N.J.S.A. 40A:14-118.5(q).] The motion court offered ...

docket:	a1243-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Published
citation:
Document Size:	35716

3625 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.R.S. -- rank: 821

... and state of mind and prior domestic violence pursuant to N.J.S.A. 30:4C-12 et seq. " Both parents were ordered to ... had proven all four prongs of the best interest standard, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... BEST INTERESTS CRITERIA. (B) THE DEFENDANT WAS PARENTALLY FIT UNDER N.J.S.A. 30:4C-15.1 CRITERIA. (C) THE DIVISION FAILED TO ... established that when seeking the termination of parental rights under N.J.S.A. 30:4C-15.1(a), DYFS has the burden of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also New Jersey Div ... N.J. at 288-89 (citations omitted). 2 A Under N.J.S.A. 30:4C-15.1(a)(1), DYFS must prove ...

docket:	a3775-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-15
status:	unpublished
citation:
Document Size:	65523

3626 Jersey Division of Youth and Family Services v. P.W.R. -- rank: 821

... to her stepdaughter constituted abuse and neglect under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. Alice was born ... minor, the court’s findings of violations under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, were insufficient as ... M.C. III , 201 N.J. 328 , 343 (2010) (citing N.J.S.A. 9:6-8.21 to -8.73). The purpose animating ... age who have had serious injury inflicted upon them.” N.J.S.A. 9:6-8.8; see G.S. v. Dep’t ... of a “[p]arent or guardian” under Title Nine. N.J.S.A. 9:6-8.21. And, Title Nine includes within the ... bused or neglected child” persons under the age of eighteen. N.J.S.A. 9:6-8.84. Therefore a sixteen-year-old ...

docket:	a-79-09
court:	New Jersey Supreme Court
decided:	2011-01-26
status:
citation:
Document Size:	84115

3627 /usr/local/share/www/libweb/collections/courts/appellate/a2328-19.opn.html -- rank: 819

... indicted defendant, charging him with third-degree theft by deception, N.J.S.A. 2C:20-4 (count one); third-degree receiving stolen property, N.J.S.A. 2C:20-7(a) (count two); and third-degree forgery of motor vehicle title, N.J.S.A. 2C:21-4.8(b)(3) (count three). A jury ... eligibility for an extended term as a persistent offender under N.J.S.A. 2C:44-3(a). The judge merged count three with ... failed to consider mitigating factor A-2328-19 20 eleven, N.J.S.A. 2C:44-1(b)(11), (excessive hardship resulting from imprisonment ... factors substantially outweigh the mitigating A-2328-19 21 factors.' N.J.S.A. 2C:43-6(b). The sentencing judge should, but ...

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3628 /usr/local/share/www/libweb/collections/courts/trial/fd-16-0000.opn.html -- rank: 819

... not ripe for judicial consideration at this time. Pursuant to N.J.S.A. 9:2-4, the court must conduct a best interest ... employment responsibilities; and the age and number of the children. [N.J.S.A. 9:2-4.] The factors listed, by their plain and ... Relationship” and “Father” under the New Jersey Parentage Act, N.J.S.A. 9:17- to 43. Another threshold issue the court must ... the law confers or imposes rights, privileges, duties, and obligations.' N.J.S.A. 9:17-39. The relationship can be established by a ... the child, and filed with the appropriate State agency.” N.J.S.A. 9:17-39 (b) (emphasis added). As to the finding ... of P.L. 1977, c.367 (C. 9:3-45). [N.J.S.A. 9:17-43.] 6 Nowhere does the statute expressly ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	71348

3629 Black Whale, Inc. v. Dir, Div of Taxation -- rank: 819

... 01 plus interest in New Jersey Sales and Use Tax ( N.J.S.A. 54:32B-1 to -29) with respect to its use ... are exempt from New Jersey use tax by virtue of N.J.S.A. 54:32B-8.12 which provides: Receipts from sales or ... the tax imposed under the Sales and Use Tax Act . [ N.J.S.A. 54:32B-8.12 (emphasis added).] The Taxpayer also argues ... Black Whale III do qualify as tax exempt purchases under N.J.S.A. 54:32B-8.12. Therefore, no Sales and Use Tax ... qualify as a tax exempt purchase under the scope of N.J.S.A. 54:32B-8.12. The letter then went on to ... not entitle it to the sales tax exemption granted under N.J.S.A. 54:32B-8.12. [emphasis omitted]. and went on ...

docket:	00470-93
court:
decided:	1995-06-19
status:
citation:	15 N.J. Tax 338
Document Size:	87504

3630 STATE OF NEW JERSEY v. G.L -- rank: 819

... sexual assault of a child less than thirteen years old, N.J.S.A. 2C:14-2(a)(1); second-degree sexual assault of a child less than thirteen years old, N.J.S.A. 2C:14-2(b); first-degree aggravated sexual assault of ... child between the ages of thirteen and sixteen years old, N.J.S.A. 2C:14-2(a); second-degree sexual assault of a ... child between the ages of thirteen and sixteen years old, N.J.S.A. 2C:14-2(c)(4); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). After merger, defendant was sentenced to ... sexual assault (two), sexual assault] . . . only. Case law is 4 N.J.S.A. 2C:7-1 to -23 5 N.J.S. ...

docket:	a3162-16
court:	NJ Superior Court Appellate Division
decided:	2020-04-30
status:	Unpublished
citation:
Document Size:	55587