Search Rutgers Law Library N.J. Court Opinions

4471 /usr/local/share/www/libweb/collections/courts/appellate/a5560-16.opn.html -- rank: 815

... from his conviction after jury trial of first-degree murder, N.J.S.A. 2C:11-3(a)(1),(2) (count one); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count two); and third- degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1),(4) (count three), in connection ... life imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a).2 On appeal, he argues ... protect the privacy of the victim and her family. See N.J.S.A. 2A:82-46; R. 1:38-3(c)(12). 2 ... trial court erred in finding aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1), (a)(2) 8 and ' ...

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4472 Alston v. City of Camden -- rank: 815

... of whether and under what circumstances the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, affords immunity to a ... under the pursuit immunity provision of the Tort Claims Act, N.J.S.A. 59:5-2, relieves a police officer and the public ... 17-21) 3. Defendants are also entitled to immunity under N.J.S.A. 59:3-3, which provides that a public employee is ... and under what circumstances the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, affords immunity to a ... Union County Jail , 150 N.J. 407 , 413 (1997). See N.J.S.A. 59:2-1a (“Except as otherwise provided by this act ... A. Margolis & Robert Novack, Claims Against Public Entities , comment to N.J.S.A. 59:1-2 (2001). Given that backdrop, we must ...

docket:	a-34-00
court:	njsupreme
decided:	2001-06-28
status:
citation:	168 N.J. 170
Document Size:	54215

4473 /usr/local/share/www/libweb/collections/courts/appellate/a2225-20.opn.html -- rank: 815

... to the 2013 amendments, however because the anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, limits the credit to being calculated ... 2020, the date defendant filed his last modification motion. See N.J.S.A. 2A:17-56.23a. Here, it is undisputed that the ... modification is expressly limited to that period by statute. See N.J.S.A. 2A:17- 56.23a. 5 The judge's calculation of ... A-2225-20 23 employment during which rehabilitation will occur.' N.J.S.A. 2A:34-23(d); see Finelli v. Finelli, 263 N ... would occur at the time of the award' is necessary. N.J.S.A. 2A:34-23(c), (d). However, to modify the length ... Ricciardulli, 410 N.J. Super. 340, 356 (App. Div. 2009); N.J.S.A. 2A:34-23(c). As for converting limited duration ...

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court:	NJ Superior Court Law/Chancery Division
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4474 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.N.H. (deceased and S.L. -- rank: 815

... met by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). She concluded S.L. harmed ... UPON [N.H.]'S BEST INTERESTS UNDER PRONG FOUR OF N.J.S.A. 30:4C-15.1(a), WHICH REQUIRES A SHOWING THAT ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A. In Point I of ... Guardian's brief, the resource parents' concerns were not mistaken. N.J.S.A. 3B:12A-6(e)(4) preserves a parent's right ... visitation or parenting time as determined by the court, and N.J.S.A. 3B:12A-6(f) permits a parent to file an ... could not waive N.H.'s right to child support. N.J.S.A. 30:4C-15.1(a)(4) 'serves as a ...

docket:	a3440-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Unpublished
citation:
Document Size:	32492

4475 MICHAEL LERAKIS v. JOHN P. ALUOTTO -- rank: 815

... an action against defendants pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and the Survivor's Act, N.J.S.A. 2A:15-3. By way of damages, plaintiff alleged that ... Shade's windshield. Pursuant to the New Jersey Survival Act, N.J.S.A. 2A:15-3, damages for pain and suffering are permitted ... was caused under circumstances amounting in law to a crime. [ N.J.S.A. 2A:31-1.] Unlike the Survivor's Act, which "contains ... the hospital, medical and funeral expenses incurred for the deceased[.]" N.J.S.A. 2A:31-5. The Wrongful Death Act only permits recovery ...

docket:	a5578-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-27
status:	unpublished
citation:
Document Size:	49009

4476 STATE OF NEW JERSEY v. JAMES D. DIXON -- rank: 815

... March 2010, defendant was found guilty of second-degree robbery, N.J.S.A. 2C:15-1; second-degree burglary, N.J.S.A. 2C:18-2; third-degree aggravated assault, N.J.S.A. 2C:12-1b(7); false imprisonment, N.J.S.A. 2C:13-3; fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2a(2); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d. The court sentenced defendant to an ...

docket:	a1798-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-25
status:	unpublished
citation:
Document Size:	83050

4477 ALFRED J. PETIT-CLAIR, JR v. CITY OF PERTH AMBOY -- rank: 815

... was equitably estopped from denying him benefits, and barred by N.J.S.A. 40A:10-23 from treating part-time employees differently from ... selected plaintiff as its part-time attorney in 1990, see N.J.S.A. 40:55D-71(b), the mayor assured plaintiff he would ... time and full-time employees. After noting its authority under N.J.S.A. 40A:10-23, the resolution stated: NOW, THEREFORE, IT IS ... time. The May 2009 ordinance states: SECTION 2. Pursuant to N.J.S.A. 40A:10- 23, the City will assume the premium cost ... distinction between classes of employees violated the uniformity requirement in N.J.S.A. 40A:10-23(a).4 The trial court granted the ... irregular exercise of its delegated powers. The plain language of N.J.S.A. 40A:10-23 grants municipalities broad discretion in providing ...

docket:	a2049-14
court:	NJ Superior Court Appellate Division
decided:	2018-09-07
status:	Unpublished
citation:
Document Size:	54419

4478 ABBOTT V. BURKE PLAINTIFF SCHOOLCHILDREN v. NEW JERSEY STATE BOARD OF EDUCATION -- rank: 815

... under the Charter School Program Act of 1995 (the Act), N.J.S.A. 18A:36A-1 to -18. Save Our Schools New Jersey ... of education and is managed by a board of trustees." N.J.S.A. 18A:36A-3(a). Charter schools are funded primarily by ... the public that would otherwise fund traditional public education. See N.J.S.A. 18A:36A-12. A charter school may not enroll students ... would be illegal if used by a [public] school district." N.J.S.A. 18A:36A-7. A charter school may, however, "limit admission ... may not be available in the traditional public school classroom." N.J.S.A. 18A:36A-2. The Legislature found that "the establishment of ... are "necessary to effectuate the provisions of" the enabling legislation. N.J.S.A. 18A:36A-18. The first series of regulations under ...

docket:	a2816-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-12
status:	published
citation:	438 N.J.Super. 108 102 A.3d 929
Document Size:	46960

4479 STATE OF NEW JERSEY v. GERALD POHIDA -- rank: 815

... 2003, and charged with two counts of first-degree kidnapping, N.J.S.A. 2C:13-1(b); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c); two counts of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). Prior to trial, defendant's trial ... twenty- five-year and 85% periods of parole ineligibility under N.J.S.A. 2C:15-1(c) and N.J.S.A. ...

docket:	a0868-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-10
status:	unpublished
citation:
Document Size:	119507

4480 JAMES B. HURWITZ, M.D. v. AHS HOSPITAL CORP. -- rank: 815

... U.S.C.A. §§ 11111 to 11112 and N.J.S.A. 2A:84A-22.10. The court found that plaintiff had ... policies are reflected in our State's cognate immunity statute, N.J.S.A. 2A:84A-22.10. Like the federal law, the New ... a hospital's peer review process. As is relevant here, N.J.S.A. 2A:84A-22.10 provides that: Any person who serves ... warranted upon the basis of facts disclosed . [(Emphasis added).] Although N.J.S.A. 2A:84A-22.10 was adopted in 1979, it has ... attained based upon factual determinations generated from those internal hearings. N.J.S.A. 2A:84A-22.10 extends a similar form of immunity ... the scope of [that person's] function" in that role. N.J.S.A. 2A:84A-22.10(e). This state-law immunity ...

docket:	a5112-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-24
status:	published
citation:	438 N.J.Super. 269 103 A.3d 285
Document Size:	105506

4481 IN THE MATTER OF THE REVOCATION OF EMANUEL BRICE'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS -- rank: 815

... interest of the public health, safety, and welfare pursuant to N.J.S.A. 2C:58-3(c)(5). Among other things, petitioner argues on appeal that N.J.S.A. 2C:58- 3(c)(5) is unconstitutional. In the alternative ... FPIC application, rejecting the State's automatic disqualifier argument under N.J.S.A. 2C:58- - 3(c)(3). The trial court then turned ... whether petitioner's role in it merited discretionary disqualification under N.J.S.A. 2C:58-3(c)(5). Calling the criminal investigation 'well ... sexual misconduct.' Finding the State had met its burden under N.J.S.A. 2C:58- 3(c)(5) by a preponderance of the ... and many which overlap. We summarize them as follows: I. N.J.S.A. 2C:58-3 Is Unconstitutional Under the United States ...

docket:	a0820-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-04
status:	Unpublished
citation:
Document Size:	36139

4482 STATE OF NEW JERSEY v. V.E.A. -- rank: 815

... V.E.A. was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2b (count one), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count two). The judge sentenced defendant to ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a concurrent seven-year ... defense if it negates an element of the offense charged. N.J.S.A. 2C:2-8a. "In order to negate an element of ... t]he risk that the defendant will commit another offense[,]" N.J.S.A. 2C:44-1a(3); six, "[t]he extent of the ... seriousness of the offenses of which he has been convicted[,]" N.J.S.A. 2C:44-1a(6); and nine, "[t]he need ...

docket:	a5313-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	66043

4483 DIVISION OF YOUTH AND FAMILY SERVICES v. J.C IN THE MATTER OF E.C a minor -- rank: 815

... retained custody, care and supervision of E.C., pursuant to N.J.S.A. 30:4C-12, without a full dispositional hearing to discern ... in favor of solely exercising its authority under Title Thirty, N.J.S.A. 30:4C-12. Despite the change in the basis of ... the timeframes and procedures applicable to an action pursuant to N.J.S.A. 30:4C-12. We believe it is important to review ... 7, 2009, the Division filed its complaint under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, alleging E.C ... Nine claims of abuse and sought to proceed solely under N.J.S.A. 30:4C-12, asserting the family was in need of ... what were labeled as "case management reviews." A permanency hearing, N.J.S.A. 30:4C-61.2(a), was scheduled for February ...

docket:	a1269-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	published
citation:	423 N.J. Super. 259 32 A.3d 211
Document Size:	30055

4484 STATE OF NEW JERSEY v. MICHAEL CAWLEY -- rank: 815

... County Indictment No. 08-12-2127, with first-degree kidnapping, N.J.S.A. 2C:2-6 and N.J.S.A. 13-1b (Count One); first-degree aggravated sexual assault during a kidnapping, N.J.S.A. 2C:2-6 and N.J.S.A. 14-2a(3) (Count Two); first-degree aggravated sexual assault by physical force or coercion, N.J.S.A. 2C:2-6 and N.J.S.A. 14-2a(5) (Count Three); first-degree aggravated sexual ...

docket:	a0382-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	53718

4485 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.B., JR. -- rank: 815

... of imprisonment was subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. It is not clear whether this ...

docket:	a5475-07
court:	superior court appellate division
decided:	2009-06-26
status:	unpublished
citation:
Document Size:	90259