Search Rutgers Law Library N.J. Court Opinions

3811 STATE OF NEW JERSEY v. JAMES E. GRANT, JR. -- rank: 819

... on two counts of first-degree attempt to commit murder, N.J.S.A. 2C:11-3(a) and 2C:5-1; two counts ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree possession of an assault firearm, N.J.S.A. 2C:39-5(f) and 2C:39-1(w); and ... one count of third-degree unlawful possession of a weapon, N.J.S.A. 2C:58-3 and N.J.S.A. 2C:39-5(c)(1) (Indictment No. 12-09-0849 ... was later indicted in 2013 for second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault, ...

docket:	a5023-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	67575

3812 STATE OF NEW JERSEY v. KEITH R. BUCKLEY -- rank: 819

... the death of Christopher Zerby by driving a vehicle recklessly." N.J.S.A. 2C:11-5. 1 On appeal, the State presents the ... to the trial court in deciding matters of law."). Paraphrasing N.J.S.A. 2C:2-3c, the trial judge noted that "the jury ... 2006), certif. denied , 189 N.J. 650 (2007); see also N.J.S.A. 2C:11-5. At issue here is whether the jury ... apply to a charge of vehicular homicide are found in N.J.S.A. 2C:2-3. That statute states in pertinent part: Conduct ... actor's liability or on the gravity of his offense. [ N.J.S.A. 2C:2-3.] The causation provisions of N.J.S.A. 2C:2-3 apply to offenses such as vehicular ...

docket:	a2973-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-19
status:	unpublished
citation:
Document Size:	36163

3813 /usr/local/share/www/libweb/collections/courts/supreme/a3010-13.opn.html -- rank: 819

... P.W.R. , supra , 205 N.J. at 32 (quoting N.J.S.A. 9:6-8.46(b)). The statutory definition of an ... based on the court's decision that it relied on N.J.S.A. 9:6-8.21(c)(4), which declares a child ... exercise a minimum degree of care.'" Id. at 179 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). This requires "'conduct ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b)." N.J. Div ... make it possible for the children to return home. See N.J.S.A. 9:6-8.8(b)(2). In the months that ... court was obliged to hold a dispositional hearing, pursuant to N.J.S.A. 9:6-8.50. He also noted that no ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61353

3814 STATE OF NEW JERSEY v. JEROME GRIFFIN -- rank: 819

... of a controlled dangerous substance (CDS), specifically heroin, contrary to N.J.S.A. 2C:35-10(a)(1). He appeals from the judgment ... charged defendant with third-degree possession of a CDS (heroin), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of a CDS (heroin), with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count two); and third- degree possession of a CDS (cocaine), N.J.S.A. 2C:35-10(a)(1) (count three). Co-defendant Michal ... was charged with third-degree possession of a CDS (heroin), N.J.S.A. 2C:35-10(a)(1) (count four). Defendant filed ...

docket:	a1555-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	35931

3815 STATE OF NEW JERSEY IN THE INTEREST OF J.J -- rank: 819

... the Department of Corrections (DOC) pursuant to the provisions of N.J.S.A. 52:17B-175(e). That statute permits such transfers of ... would constitute one count of first-degree attempt, contrary to N.J.S.A. 2C:5-1, one count of first-degree robbery, contrary to N.J.S.A. 2C:15-1(a)(2), and one count of fourth-degree resisting arrest, contrary to N.J.S.A. 2C:29-2(a). 1 The JJC initially placed Jones ... and the JJC. A. The Code of Juvenile Justice (Code), N.J.S.A. 2A:4A-20 to -90, was enacted in 1982 3 ... dispositions for juveniles committing less serious offenses. [Committee Statement following N.J.S.A. 2A:4A-20, at 173 (West 2011).] The Code ...

docket:	a2357-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-28
status:	published
citation:	427 N.J.Super. 541 49 A.3d 877
Document Size:	65435

3816 STATE OF NEW JERSEY v. J.V.P., JR. -- rank: 819

... confidentiality of 'child victims of sexual assault or abuse.' (citing N.J.S.A. 2A:82-46). County Prosecutor, attorney; Nicole Handy, of counsel ... of eight counts of third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a); seven counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); and one count of fourth-degree attempted criminal sexual contact, N.J.S.A. 2C:5-1 and 2C:14-3(b).' State v ... term of imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Id. at 2. We affirmed ...

docket:	a3077-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-29
status:	Unpublished
citation:
Document Size:	45087

3817 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.C IN THE MATTER OF N.C A.C B.C. & A.C minors -- rank: 819

... P.W.R. , supra , 205 N.J. at 32 (quoting N.J.S.A. 9:6-8.46(b)). The statutory definition of an ... based on the court's decision that it relied on N.J.S.A. 9:6-8.21(c)(4), which declares a child ... exercise a minimum degree of care.'" Id. at 179 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). This requires "'conduct ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b)." N.J. Div ... make it possible for the children to return home. See N.J.S.A. 9:6-8.8(b)(2). In the months that ... court was obliged to hold a dispositional hearing, pursuant to N.J.S.A. 9:6-8.50. He also noted that no ...

docket:	a3010-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	61550

3818 STATE OF NEW JERSEY v. LAMONT TAYLOR -- rank: 819

... counts: (1) third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1); (2) third-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(b)(3); A-0583-19 3 (3 ... distribute on or within 500 feet of a public park, N.J.S.A. 2C:35-7.1(a); (4) fourth-degree obstruction against defendant only, N.J.S.A. 2C:29-1(a); and (5) fourth-degree tampering against Serio only, N.J.S.A. 2C:28-6(1). Indictment 18-09-0532 On June ... counts: (1) third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1); (2) third-degree possession ...

docket:	a0583-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	45393

3819 IN RE ADOPTION OF AMENDMENTS AND NEW REGULATIONS AT N.J.A.C. 7:27-27.1, -27.2, -27.4, -27.5, -27.6, -27.7, -27.8, -27.9 and -27.11, and N.J.A.C. 7:27A-3.10 -- rank: 819

... violated the rulemaking requirements of the Administrative Procedure Act (APA), N.J.S.A. 26:2C-2. Mercury has high toxicity and a tendency ... Task Force, the Mercury Switch Removal Act of 2005 (MSRA), N.J.S.A. 13:1E-99.82 to -99.90, was enacted on ... crushing or shredding EOLVs, to remove all EOLV mercury switches. N.J.S.A. 13E:1E-99.87. Under the MSRA, automobile manufacturers are required to provide reimbursement for mercury switch removal, N.J.S.A. 13E:1E-99.85f, which DEP had estimated to be ... EAFs in the lesser category of "area sources," and that N.J.S.A. 26:2C9.2c(2)(a), the statute governing operating permits ... We hold that DEP was well within its authority under N.J.S.A. 26:2C-8 to issue these regulations and that ...

docket:	A2445-04
court:	NJ Superior Court Appellate Division
decided:	2007-04-13
status:	published
citation:	392 N.J. Super. 117 920 A.2d 111
Document Size:	92490

3820 State v. Timothy Miller -- rank: 819

... is whether the trial court denied defendant his rights under N.J.S.A. 2C:35-19c. Defense counsel replied in writing, objecting to ... General to participate as amicus curiae . HELD:     An objection under N.J.S.A. 2C:35-19 to the introduction of a lab certificate ... s paramount concern - indicia of reliability. (Pp. 7-11) 2. N.J.S.A. 2C:35-19 provides that a certified laboratory certificate is ... the admissibility of hearsay testimony always rests on the state. N.J.S.A. 2C:35-19 cannot be countenanced. (Pp. 18-25) 4 ... in this case filed a timely and adequate notice under N.J.S.A. 2C:35-19. The state cannot avoid its burden by ... the Court was delivered by LONG, J.     This appeal concerns N.J.S.A. 2C:35-19, a “notice and demand” statute that ...

docket:	a-94-00
court:	njsupreme
decided:	2002-01-23
status:
citation:	170 N.J. 417
Document Size:	61211

3821 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.R.M. -- rank: 819

... the foster parent preferred adoption over kinship legal guardianship (KLG), N.J.S.A. 3B:12A-6(d). Six-year-old J.R.D ... N.J. 591 , 604-10 (l986), and as codified in N.J.S.A. 30:4C-15.1. The determination was memorialized in a ... 308 N.J. Super. at 383. The State Constitution and N.J.S.A. 30:4C-15(c) and 15.1(a) require satisfaction ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DFYS to prove: (1 ... circumstances that caused the harm and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). It is undisputed that ...

docket:	a1034-09
court:	superior court appellate division
decided:	2010-10-01
status:	unpublished
citation:
Document Size:	54637

3822 State v. Rodney Bull -- rank: 819

... Hudson , 209 N.J. 513, 517 (2012), which found that N.J.S.A. 2C:45-5(b)(1) prohibits the imposition of a ... an unpublished opinion, the panel applied the plain language of N.J.S.A. 2C:44-5(b)(1), vacated the second extended term ... merely illuminated an old one. Hudson ’s illumination of N.J.S.A. 2C:44-5(b) applies to this pre- Hudson case ... an illegal sentence. Because defendant’s sentence would manifestly violate N.J.S.A. 2C:44-5(b)(1) if imposed today, the Court ... retroactivity analysis ends. (pp. 6-7) 3. Subsection a of N.J.S.A. 2C:44-5 provides that “[n]ot more than ... 9) 4. The Court reviews pre- Hudson cases that interpreted N.J.S.A. 2C:44-5 and notes that they focused on ...

docket:	A-46-15
court:	NJ Supreme Court
decided:	2017-01-23
status:
citation:	227 N.J. 555 152 A.3d 942
Document Size:	54106

3823 STATE OF NEW JERSEY v. GIBRIL BANGURA -- rank: 819

... sexual assault on a thirteen-year-old girl, S.C., N.J.S.A. 2C:14-2c (Count One), third-degree endangering the welfare of S.C., N.J.S.A. 2C:24-4a (Count Two), fourth-degree criminal sexual contact with S.C., N.J.S.A. 2C:14-3b (Count Three), and third-degree endangering the ... of S.C.'s nine-year-old brother, J.K., N.J.S.A. 2C:24-4a (Count Five). He was found not guilty of second-degree sexual assault on J.K., N.J.S.A. 2C:14-2b (Count Four). Defendant was also found guilty ... 539-12-03 WAS EXCESSIVE. 3. THE RESTITUTION ORDER VIOLATED N.J.S.A. 2C:44-2(b). In a pro se brief, ...

docket:	a1458-08
court:	superior court appellate division
decided:	2010-12-28
status:	unpublished
citation:
Document Size:	51020

3824 In the Matter of the Distribution of Liquid Assets Upon Dissolution of the Union County Regional High School District No. l, Union County -- rank: 819

... applied to the Union County Superintendent of Schools pursuant to N.J.S.A. 18A:13-51 to make an investigation as to the ... Fitts' recommendation to the contrary, in May 1995, pursuant to N.J.S.A. 18A:13-54, the five municipalities that favored dissolution petitioned ... of preserving the equity of the dissolution.     As required by N.J.S.A. 18A:13-56, the Commissioner of Education submitted the dissolution ... municipalities in accordance with their proportionate property valuations pursuant to N.J.S.A. 18A:8-24. That Statute provides that the county superintendent ... HELD : Deviation from the asset distribution formula set forth in N.J.S.A. 18A:8-24 is permissible under the statutory framework, and ... insistence on strict application of the asset distribution scheme in N.J.S.A. 18A:8-24 is unwarranted, particularly where the parties ...

docket:	a-106-99
court:	njsupreme
decided:	2001-01-30
status:
citation:	168 N.J. 1
Document Size:	70985

3825 DANIEL PRADO v. STATE OF NEW JERSEY -- rank: 819

... Tort Claims Act dealing with the representation of State employees, N.J.S.A. 59:10A-1 to -6, to provide representation to defendant ... actions brought against him under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Prado v. State , 376 N ... their lawsuits -- that Pappas violated the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, and that Pappas and other ... conduct in violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Additionally, three plaintiffs claimed that ... right to representation by the Attorney General is governed by N.J.S.A. 59:10A-1 and -2. N.J.S.A. 59:10A-1 provides in pertinent part: Except as ...

docket:	a6273-03
court:	njappellate
decided:	2006-10-17
status:	published
citation:	376 N.J. Super. 231
Document Size:	91874