Search Rutgers Law Library N.J. Court Opinions

4051 STATE OF NEW JERSEY v. ROLANDO BETANCOURT -- rank: 817

... cause serious bodily injury" to his wife, in violation of N.J.S.A. 2C:12-1b(1). Count two charged third-degree aggravated ... to cause significant bodily injury" to her, in violation of N.J.S.A. 2C:12-1b(7). Count three charged first-degree kidnapping ... bodily injury on or to terrorize" her, in violation of N.J.S.A. 2C:13-1b. Count four charged third-degree terroristic threats ... defendant "did threaten to kill" his wife, in violation of N.J.S.A. 2C:12-3b. Trial began with jury selection on Wednesday ... for a substantial period as required by the kidnapping statute, N.J.S.A. 2C:13-1b. The trial court denied the motion, stating ... to sentence defendant to a discretionary extended term pursuant to N.J.S.A. 2C:44-3. It then sentenced defendant to forty ...

docket:	a2981-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-30
status:	unpublished
citation:
Document Size:	60333

4052 ARTHUR WILKINSON v. S.B. KING & SON INC. -- rank: 817

... intended to immunize under the Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -136.1. The judge also denied ... it was barred by the workers' compensation exclusivity rule of N.J.S.A. 34:15-8. Plaintiff argued that the intentional act exception ... or imputed negligence is the proximate cause of the accident. N.J.S.A. 34:15-1; N.J.S.A. 34:15-12; Outland v. Monmouth-Ocean Educ. Serv. Comm ... caused by intentional wrongdoing on the part of the employer. N.J.S.A. 34:15-8; Millison v. E. I. Du Pont de ... as the person injured or killed, except for intentional wrong. [ N.J.S.A. 34:15-8.] Because the Act contemplates that as ...

docket:	a3848-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-21
status:	unpublished
citation:
Document Size:	114381

4053 /usr/local/share/www/libweb/collections/courts/appellate/a3730-10redactedxx.opn.html -- rank: 817

... degree murder for hire of his business partner, Vincent Russo, N.J.S.A. 2C:11-3(a)(1) or (2), -3(b)(4 ... with the first-degree purposeful or knowing murder of Russo, N.J.S.A. 2C:11-3(a)(1) or (2), -3(b)(4 ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). Defendant was tried separately from Marsh ... compelling a mandatory sentence of life without parole, pursuant to N.J.S.A. 2C:11-3(b)(4). Defendant raises the following arguments ... for a mandatory sentence of life imprisonment without parole. See N.J.S.A. 2C:11-3(b)(4). Defendant also posits a ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	59279

4054 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J IN THE MATTER OF THE GUARDIANSHIP OF A.Y. and R.T minors -- rank: 817

... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). When a child's biological parents ... of the "best interests of the child" test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria "'are not ... Viewing the "best interests" test in light of amendments to N.J.S.A. 30:4C-15.1, which conform our statutes to the ... 44; A.G. , supra , 344 N.J. Super. at 440; N.J.S.A. 30:4C-15.1(a)(1). We reject C.J ...

docket:	a1752-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	44546

4055 /usr/local/share/www/libweb/collections/courts/appellate/a4453-13resubmit.opn.html -- rank: 817

... his conviction for second- degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and fourth-degree possession of hollow-nose bullets, N.J.S.A. 2C:39- 3(f) based upon purported trial errors. We ... 289 (2006). Defendant was charged in count two for violating N.J.S.A. 2C:39-3(f), which states in pertinent part: (1 ... or persons engaged in activities pursuant to subsection f. of [ N.J.S.A.] 2C:39- 6, who knowingly has in his possession any ... A-4453-13T1 possession of a defaced weapon, contrary to N.J.S.A. 2C:39-3(d).' 3 Id. at 326. After an ... of relevant case law and subsections (a) through (d) of N.J.S.A. 2C:39-3, Smith, 197 at 334-36, the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45235

4056 212 MARIN BOULEVARD LLC v. CHARLES MONTANGE, ESQ -- rank: 817

... both the constitution and the Local Public Contracts Law (LPCL). N.J.S.A. 40A:11-1 to -51. Judge Maurice J. Gallipoli disagreed ... they do not include the one-year limitation required by N.J.S.A. 40A:11-15, to cure that defect as directed in ... if it sought to obtain the property through condemnation. First, N.J.S.A. 48:12-125.1a requires a railroad company, like Conrail ... files "a written disclaimer of interest" in acquiring the property. N.J.S.A. 48:12-125.1b. If the municipality is interested in ... faith" with the municipality for the sale of the property. N.J.S.A. 48:12-125.1c. In this fashion, the City hoped ... year period, plaintiffs also argued the Resolution was void under N.J.S.A. 40A:11-15 of the LPCL. On April 29, ...

docket:	a5863-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	66504

4057 JOSE DALUZ VS. HORACIO PEREIRA, ET AL. -- rank: 817

... electronic filing request for a de novo trial pursuant to N.J.S.A. 2A:23A- -26 and Rule 4:21A-6(b)(1). N.J.S.A. 2A:23A-26 provides that '[t]he court shall, upon ... e [n]ovo' within the thirty-day statutory deadline. See N.J.S.A. 2A:23A-26. On the same day, May 25, 2022 ... demanding a trial de novo is a statutory requirement under [N.J.S.A.] 2A:23A-26, as well as a requirement of [Rule ... ERRED IN REFUSING TO RELAX THE DEADLINES SET FORTH IN N.J.S.A. 2A:23A-26 AND R. 4:21A-6(b)(1 ... APRIL 12, 2022[,] ARBITRATION AWARD[.] The short deadline established in N.J.S.A. 2A:23A-26 and Rule 4:21A- 6(b)( ...

docket:	a1688-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	44179

4058 STATE OF NEW JERSEY v. REGINALD HELMS -- rank: 817

... of the lesser-included offenses of second-degree sexual assault, N.J.S.A. 2C:14-2b, and third-degree child endangerment, N.J.S.A. 2C:24-4a, involving S.B., born on June 3 ... second-degree crime, defendant was sentenced, as a persistent offender, N.J.S.A. 2C:44-3a, to an extended term of ten years ... CONVICTION FOR THIRD-DEGREE ENDANGERING THE WELFARE OF A MINOR, N.J.S.A. § 2C:24-4(A), WITH HIS CONVICTION FOR SECOND-DEGREE SEXUAL ASSAULT, N.J.S.A. § 2C:14-2(B). A. A Clear Legislative Intent To ... TERM FOR MR. HELMS' CONVICTION FOR SECOND-DEGREE SEXUAL ASSAULT, N.J.S.A. § 2C:14-2(B) (COUNT ONE). VIII. THE TRIAL ...

docket:	a3937-07
court:	superior court appellate division
decided:	2010-03-29
status:	unpublished
citation:
Document Size:	80661

4059 STATE OF NEW JERSEY v. JAMES CHERRY -- rank: 817

... James Cherry, was indicted for second degree murder, contrary to N.J.S.A. 2A:113-1, -2 (count one), and first degree murder ... police officer in the execution of his duties, contrary to N.J.S.A. 2A:113-1, -2 (count two).     By the time the ... CHARGE THE JURY IN ACCORDANCE WITH THE 1965 AMENDMENT TO N.J.S.A. 2A:113-2 DEPRIVED DEFENDANT OF DUE PROCESS         POINT X ... the jury on the element of intent in respect of N.J.S.A. 2A:113-2. He contends that, in view of the ... a police officer in the execution of his duties under N.J.S.A. 2A:113-2 is second degree murder if the defendant ...

docket:	a5982-91
court:	njappellate
decided:	1995-12-18
status:	published
citation:	289 N.J. Super. 503
Document Size:	55512

4060 STATE OF NEW JERSEY VS. CALVIN L. CLARK -- rank: 817

... a grand jury charged defendant with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). A jury thereafter found defendant guilty ... only the lesser-included offense of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7), and defendant was sentenced to ... Model Jury Charges (Criminal), 'Justification—Self Defense: In Self Protection (N.J.S.A. 2C:3-4)' at 3 (rev. Nov. 13, 2023). As ... persons offense, and mutual fighting, a petty disorderly persons offense, N.J.S.A. 2C:12-1(a). The State asked the court ...

docket:	a1331-22
court:	appellate
decided:	2024-05-28
status:	Unpublished
citation:
Document Size:	47689

4061 MARY B. DUFFY v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON -- rank: 817

... by Lloyd's, under the New Jersey Surplus Lines Law, N.J.S.A. 17:22-6.40 to -6.65. 4 Coverage included ... agent, licensed under 'the surplus lines law' of New Jersey, N.J.S.A. 17:22-6.40 [to -6.65], to 'export' the ... Cas. Co. , 85 N.J. 384 , 389 (1981). See also N.J.S.A. 17:22-6.41 (providing definitions). The surplus lines law ... Bldg. Supply Co. , supra , 85 N.J. at 389 (citing N.J.S.A. 17:22-6.43(b), (c), -6.45, -6.46 ...

docket:	a5797-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-21
status:	Published
citation:
Document Size:	53766

4062 STATE OF NEW JERSEY v. ERIC GRAY -- rank: 817

... grand jury indicted defendant Eric Gray with first-degree robbery, N.J.S.A. 2C:15-1(a)(1) and (2) (Count One); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (Count Two); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count Three); and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(a) (Count Four). Following unsuccessful motions to ... prison term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the second-degree robbery conviction ... than all the facts required" to prove first-degree robbery. N.J.S.A. 2C:1-8(d)(1). Notably, the only difference ...

docket:	a2931-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	60707

4063 STATE OF NEW JERSEY v. UCHE ADIM -- rank: 817

... was convicted of four third-degree crimes: possession of cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5. The judge merged defendant's convictions for ... a violation of" the law. N.J.R.E. 516; N.J.S.A. 2A:84A-28. "'The purpose of the privilege is the ...

docket:	a4962-05
court:	superior court appellate division
decided:	2009-11-12
status:	Published
citation:	410 N.J. Super. 410 982 A.2d 969
Document Size:	69884

4064 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.K.H. -- rank: 817

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1. Additionally, Cynthia argues that her due ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also In re Guardianship ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether ... not make reasonable efforts to contact him throughout the litigation. N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," as actions ... to the Dodd Act, which as amended is found at N.J.S.A. 9:6-8.21 to -8.82." Div. of ...

docket:	a2364-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	60965

4065 DIVISION OF YOUTH AND FAMILY SERVICES v. E.R.C and J.S and V.V., R.A.R.L -- rank: 817

... best interests of N.S. and G.S. pursuant to N.J.S.A. 9:6-8.21 to -8.73, N.J.S.A. 30:4C-12 to -22 and Rule 5.12-1 ... or such other relief as is provided by law, specifically N.J.S.A. 9:6-8.21." On March 31, 2010, the parties ... R.C. and J.S. to change custody pursuant to N.J.S.A. 9:2-4(d). J.S. filed a timely notice ... an agreement in January 2010, to transfer custody, pursuant to N.J.S.A. 9:2-4(d), lacks a factual basis and is ... a "meeting of the minds" to change custody pursuant to N.J.S.A. 9:2-4(d). N.J.S.A. 9: ...

docket:	a6168-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-08
status:	unpublished
citation:
Document Size:	33976