Search Rutgers Law Library N.J. Court Opinions

61 State v. DeShaun P. Wilson -- rank: 848

... map, prepared and adopted by a governmental entity pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation Clause of ... of those areas within Union County in criminal prosecutions under N.J.S.A. 2C:35-7.1.” Wilson objected to the admission ... map admissible under New Jersey’s Rules of Evidence and N.J.S.A. 2C:35-7.1(e). The Court granted Wilson’s ... The map commissioned and adopted by the Board pursuant to N.J.S.A. 2C:35-7.1(e) is nontestimonial and its admission ... rights. Further, such maps are admissible, if properly authenticated, under N.J.S.A. 2C:35-7.1(e) and as public records pursuant ... to be later used against those charged with violations of N.J.S.A. 2C:35-7.1 and that documents prepared for ...

docket:	A-42-15
court:	NJ Supreme Court
decided:	2017-01-19
status:
citation:	227 N.J. 534 152 A.3d 930
Document Size:	84590

62 In the Matter of the Adoption of a Child by J.E.V. and D.G.V. -- rank: 848

... of parental rights in contested proceedings under the Adoption Act, N.J.S.A. 9:3-37 to -56, are entitled to counsel under ... to appoint a guardian ad litem under the Adoption Act, N.J.S.A. 9:3-38(e), when the child’s best interests ... to counsel when the State initiates a termination case. See N.J.S.A. 30:4C-15.4(a). The issues are no less ... to terminate her parental rights. Id. at 475, 478 (citing N.J.S.A. 30:4C-15.4(a); N.J. Division of Youth ... appointed counsel in termination proceedings under the Adoption Act,” N.J.S.A. 9:3-37 to -56, which does not appear in ... the safety of children” is “of paramount concern.” N.J.S.A. 9:3-37. “Due regard” must also “ ...

docket:	A-39-15
court:	NJ Supreme Court
decided:	2016-07-26
status:
citation:	226 N.J. 90 141 A.3d 254
Document Size:	105624

63 /usr/local/share/www/libweb/collections/courts/supreme/a_92_93_15.opn.html -- rank: 848

... beverages and seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of the ... place. In addition to generally alleging unconscionable commercial practices under N.J.S.A. 56:8-2, the Dugan plaintiffs and Bozzi allege that the defendant restaurants committed a regulatory violation by contravening N.J.S.A. 56:8-2.5. Under that section of the CFA ... —a consumer who satisfies the elements of the TCCWNA. N.J.S.A. 56:12-17. To be found liable under the TCCWNA ... a “clearly established legal right” or “responsibility.” N.J.S.A. 56:12-15. Plaintiffs contend that by failing to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	210705

64 State v. Quintin D. Watson -- rank: 848

... Middlesex County later indicted him for the robbery, contrary to N.J.S.A. 2C:15-1. On September 25, 2018, 20 months after ...

docket:	a-23-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-02
status:
citation:
Document Size:	130141

65 A-52-14 -- rank: 848

... parole. According to the Board, that result was compelled by N.J.S.A. 30:4-123.55(f), which required that the full ... The Appellate Division denied the motion. The panel reasoned that N.J.S.A. 30:4-123.55(f) is triggered only when a ... to a panel of the Board for an informal hearing. N.J.S.A. 30:4-123.55(c). After the hearing, the Board ... parole and file . . . a statement setting forth the decision,” N.J.S.A. 30:4-123.55(d). If the Board panel denies ... board, after conducting a hearing, concurs in that recommendation.” N.J.S.A. 30:4-123.55(f). That alternate track grew out ... and full Parole Board hearing that is implicitly required by N.J.S.A. 30:4-123.55(f), including the opportunity to ...

docket:	A-52-14
court:	NJ Supreme Court
decided:	2016-02-23
status:
citation:	224 N.J. 213 130 A.3d 1228
Document Size:	112241

66 Madeline Keyworth v. CareOne at Madison Avenue; Suzanne Bender v. Harmony Village at CareOne \r\nParamus \r\n -- rank: 848

... instead privileged under the New Jersey Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25. In the first ... which shields certain internal communications from discovery in litigation. See N.J.S.A. 26:2H-12.25(b), (c), (f), (g). The trial ... hospital performed its self-critical analysis in procedural compliance with N.J.S.A. 26:2H-12.25(b) and its implementing regulations.� ... system failures in a hospital or other health care facility. N.J.S.A. 26:2H-12.24(b) and (c). Through the PSA� ... “a patient safety committee, as prescribed by regulation.” N.J.S.A. 26:2H- 12.25(b). The PSA’s corresponding regulations ... of a health care facility’s self-critical analysis. See N.J.S.A. 26:2H-12.25(g)(1). But investigations that ...

docket:	a_17_18_23
court:	supreme
decided:	2024-08-02
status:	Published
citation:
Document Size:	74909

67 J.B. v. New Jersey State Parole Board -- rank: 848

... buttress the parolees’ Fifth Amendment right against self-incrimination. 1. N.J.S.A. 30:4-123.88 provides that “[t]he State ... requirements of the monitoring program is a third-degree crime. N.J.S.A. 30:4-123.94. (pp 12-13) 2. The Parole ... and cooperate with the examination” constitutes a third-degree crime, N.J.S.A. 30:4-123.94, the current disclosures create a situation ... PSL) or community supervision for life (CSL) sentences pursuant to N.J.S.A. 2C:43-6.4. The parolees are all convicted sex ... subject to either PSL or its statutory predecessor, CSL. See N.J.S.A. 2C:43-6.4. As part of the Parole Board� ... Offender Monitoring Pilot Project Act (Pilot Project Act) in 2005, N.J.S.A. 30:4-123.80 to -123.88, which authorized ...

docket:	A-81-15
court:	NJ Supreme Court
decided:	2017-05-08
status:
citation:	229 N.J. 21 159 A.3d 1267
Document Size:	120348

68 DCPP VS. R.S., ET AL., IN THE MATTER OF A.A., C.A., AND B.A. -- rank: 848

... A.A., C.A., and B.A., under Title 9, N.J.S.A. 9:6-8.21(c)(4)(b), through the 'infliction ... v. A.L., 213 N.J. 1, 22 (2013) (citing N.J.S.A. 9:6-8.46(b)). DCPP must sustain that burden ... P.W.R., 205 N.J. 17, 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). In making a determination of ... ” M.C. III, 201 N.J. at 343 (citing N.J.S.A. 9:6-8.21 to -8.73), and was enacted ... a similarly serious nature requiring the aid of the court . . . . [N.J.S.A. 9:6-8.21(c) (emphases added).] Parental rights include ... or guardian' is prima facie evidence of abuse or neglect. N.J.S.A. 9:6- 8.46(a)(2). While 'moderate correction' ...

docket:	a0927-22
court:	appellate
decided:	2024-04-18
status:	Unpublished
citation:
Document Size:	48129

69 David Goyco v. Progressive Insurance Company \t \r\n\t\t \r\n \r\n\r\n\t\r\n -- rank: 848

... PIP) benefits under the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A- 1 to -35, commonly known as the No ... coverage was not required under Goyco’s policy, which tracks N.J.S.A. 39:6A- 4, because the LSES Goyco operated at the ... No-Fault Act in light of the 2019 enactment of N.J.S.A. 39:4-14.16(g), which provides that an LSES ... automobile”; or (2) when the covered individual is a pedestrian. N.J.S.A. 39:6A-4. “For the 1 purposes of [the ... designed primarily for use on highways, rails and tracks.” N.J.S.A. 39:6A-2(h). (pp. 8-11) 2. “Vehicle� ... suggests that the Court should therefore apply the definition from N.J.S.A. 39:1-1, which would exclude an LSES. That ...

docket:	a_12_23
court:	supreme
decided:	2024-05-13
status:	Published
citation:
Document Size:	51525

70 BRENDA AZANEDO VS. ALARIS HEALTH AT CASTLE HILL, ET AL. -- rank: 848

... Plaintiff claimed these incidents constituted violations under the law, citing N.J.S.A. 30:13-1, N.J.S.A. 26:2H-1, and N.J.A.C. 8:34-1.18(7),2 Alaris's own 2 N.J.S.A. 30:13-1 provides: 'The Legislature hereby finds and declares ... a declaration of a bill of rights for such residents.' N.J.S.A. 26:2H-1 states the declaration of policy for hospital ... Division alleging violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14 (count one); and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50 (count two); and the ...

docket:	a3129-21
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	75456

71 THOMAS ALETTA VS. BERGEN COUNTY PROSECUTOR\u0027S OFFICE -- rank: 848

... several provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to -12-3, specifically prosecutorial immunity under N.J.S.A. 59:3-8, discretionary immunity under N.J.S.A. 59:2- 3, and plaintiff's failure to vault the verbal threshold for pain and suffering damages under N.J.S.A. 59:9-2(d). For the reasons detailed in this ... 1983 (§ 1983) and the New Jersey Civil Rights Act, N.J.S.A. 10:6- A-0631-21 16 1 to -2 (NJCRA ... Act, NJCRA, and immunity from State law claims pursuant to [N.J.S.A.] 59:3-8.' The court also reasoned the BCPO ...

docket:	a0631-21
court:	appellate
decided:	2024-05-24
status:	Unpublished
citation:
Document Size:	79187

72 State v. Rami A. Amer -- rank: 848

... speedy trial rights under the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to - 15, which is a congressionally sanctioned ... defendant was “unable to stand trial” for purposes of N.J.S.A. 2A:159A-6(a) while his pretrial motions were pending; that N.J.S.A. 2A:159A-3(a)’s 180-day period for ... written notice and request for a final disposition pursuant to N.J.S.A. 2A:159A-3(a). The 180-day period begins to ... that provision. The second IAD provision governing this appeal is N.J.S.A. 2A:159A-6(a), which states that certain time periods ... incapacity satisfies the “unable to stand trial” language of N.J.S.A. 2A:159-A - 6(a) is further undermined by ...

docket:	a-9-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:
citation:
Document Size:	64165

73 State v. Habeeb Robinson -- rank: 848

... detain a defendant pretrial. The Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26, has three principal components. First ... trial deadlines. The CJRA took effect on January 1, 2017. N.J.S.A. 2A:162-18(a) authorizes the court to order pretrial ... cause for murder or a crime subject to life imprisonment. N.J.S.A. 2A:162-19(b). When a prosecutor applies for pretrial detention, the defendant is held pending a hearing. N.J.S.A. 2A:162-19(d)(2). “In pretrial detention proceedings ... cause that the eligible defendant committed the predicate offense.” N.J.S.A. 2A:162-19(e)(2). A defendant can rebut a ... its decision must be supported by clear and convincing evidence. N.J.S.A. 2A:162-19(e)(3). At the hearing, “ ...

docket:	A-40-16
court:	NJ Supreme Court
decided:	2017-05-10
status:
citation:	229 N.J. 44 160 A.3d 1
Document Size:	184263

74 C.V. v. Waterford Township Board of Education -- rank: 848

... “on account of . . . sex” in violation of the LAD, N.J.S.A. 10:5-12(f). Dean admitted in his deposition that ... The LAD proscribes discrimination “because of” sex in employment. N.J.S.A. 10:5-12(a). In places of public accommodation, discrimination ... agent, or employee of any place of public accommodation,” N.J.S.A. 10:5-12(f), to say they did not discriminate ... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12(f). In Lehmann v. Toys ‘R� ... harassment brought against schools as places of public accommodation under N.J.S.A. 10:5-12(f). The first prong of the Lehmann ... imprisonment at Avenel, subject to the No Early Release Act, N.J.S.A. 2C:43- 7.2. B. In May 2014, C. ...

docket:	a-24-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-12
status:
citation:
Document Size:	77948

75 State v. William L. Witt -- rank: 848

... and articulable suspicion to stop defendant because the relevant statute ( N.J.S.A. 39:3-60) requires drivers to dim their high beams ... an indictment with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). The police initiated a stop of ... “reasonable and articulable suspicion” to stop defendant for violating N.J.S.A. 39:3-60 because the statute requires drivers to dim ... ” within five hundred feet. Id. at 614-16 (quoting N.J.S.A. 39:3-60). The panel reasoned that the officer’s ... not challenge the validity of the motor-vehicle stop under N.J.S.A. 39:3-60 in either his brief or argument ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557