Search Rutgers Law Library N.J. Court Opinions

601 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 841

... the DNA Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended by ... consisting of biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20 g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide "an ... in criminal investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., by his ... conduct classified as a crime to submit a biological sample. N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118 ... a controlled dangerous substance with intent to distribute, contrary to N.J.S.A. 2C:35-5, one for a crime of the ...

docket:	A2671-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121823

602 JOHN McDARBY v. MERCK & CO., INC. -- rank: 841

... the applicability of the New Jersey Product Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, and the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -156, that underlie this appeal. The ... part of a manufacturer for failure to provide adequate warnings, N.J.S.A. 2A:58C-2, and defined an adequate product warning as ... of, and the ordinary knowledge common to, the prescribing physician." N.J.S.A. 2A:58C-4. That latter provision additionally establishes a rebuttable ... of pharmaceuticals, but held that the presumption set forth in N.J.S.A. 2A:58C-4 was applicable in this context as well ...

docket:	A0076-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-29
status:	Published
citation:
Document Size:	249479

603 STATE OF NEW JERSEY v. HECTOR FELICIANO -- rank: 841

... trafficking charges; in doing so, he challenges the constitutionality of N.J.S.A. 2A:156-9(g), the provision within the New Jersey ... Wiretapping and Electronic Surveillance Control Act (Wiretap Act or Act), N.J.S.A. 2A:156-1 to -37, which permits roving surveillance wiretaps. Defendant asserts N.J.S.A. 2A:156-9(g) is overly broad and unconstitutionally empowers ... charge of first-degree leader of a narcotics trafficking network. N.J.S.A. 2C:35-3. We turn our attention to the primary ... charged with first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (count seven); first degree possession of controlled dangerous substances, N.J.S.A. 2C:35-5(a)(1), N.J.S.A. ...

docket:	a4290-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-06
status:	unpublished
citation:
Document Size:	99946

604 UNITED PARCEL SERVICE GENERAL SERVICES CO. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 841

... Director”), pursuant to the New Jersey Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, and related regulations promulgated by ... The imputation of interest issues involve application and interpretation of N.J.S.A. 54:10A-10 which authorizes the Director to make adjustments ... corporation is subject to the tax imposed by this act. [ N.J.S.A. 54:10A-10.] The issues also involve interpretation of N ... by the Director for purposes of implementing the provisions of N.J.S.A. 54:10A-10. Subparagraphs (a)(1) and (2) of the ... Subparagraph (a)5 provides in pertinent part as follows: Under N.J.S.A. 54:10A-10(b) interest should be charged on loans ... The allocation of receipts issues involve application and interpretation of N.J.S.A. 54:10A-6, which sets forth the methodology for ...

docket:	07845-04
court:
decided:	2009-06-05
status:
citation:
Document Size:	163074

605 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 841

... was convicted of second-degree conspiracy to commit official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:30-2 (count one); second-degree official misconduct, N.J.S.A. 2C:30-2 (count two); third-degree tampering with public records, N.J.S.A. 2C:28-7(a)(2) (count three); fourth-degree falsifying or tampering with records, N.J.S.A. 2C:21-4(a) (count four); fourth-degree false swearing, N.J.S.A. 2C:28-2 (count five); and fourth-degree simple ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

606 MORRIS-SUSSEX AREA CO. BOY SCOUTS v. HOPATCONG BOROUGH -- rank: 841

... were granted an exemption from local property tax pursuant to N.J.S.A. 54:4-3.24, which provides: All real and personal ... moved before the County Board to dismiss the appeal under N.J.S.A. 54:3-27 on the grounds that 1994 taxes were ... issue before me is whether the tax payment requirements of N.J.S.A. 54:3-27 are applicable to an appeal seeking an ... tax payment requirements applicable to the filing of tax appeals. N.J.S.A. 54:3-27 contains the requirement pertaining to the initial ... 1, August 1 and November 1 of each tax year]. N.J.S.A. 54:51A-1(b) contains a separate payment requirement pertaining ... appeal is a claim of exemption from local property taxes, N.J.S.A. 54:51A-3 applies. This statute provides: 3 Class ...

docket:	06377-95
court:
decided:	1996-02-21
status:
citation:	15 N.J. Tax 438
Document Size:	95908

607 K.M v. S.M.M -- rank: 841

... permission to amend her counterclaim to include a claim under N.J.S.A. 9:6-8.21 ("Title 9") and for the appointment ... granted joint legal custody and concluded, in light of the N.J.S.A. 9:2-4 factors, that father be given primary residential ... them express their wishes to the court as required by N.J.S.A. 9:6-8.23, and the court's failure to ... to "originate proceedings" for abuse, cruelty and neglect pursuant to N.J.S.A. 9:6-8.33 and N.J.S.A. 9:6-8.34(a), (c), and (f). Mother had the authority to initiate a Title 9 proceeding. N.J.S.A. 9:6-8.34(a). However, she chose not ...

docket:	a0135-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	183435

608 STATE OF NEW JERSEY v. DAMIAN FREE -- rank: 841

... and Herbert Mays, who are cousins, for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); first-degree robbery, N.J.S.A. 2C:15-1a(1) or (3) and N.J.S.A. 2C:2-6 (count two); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four). The grand jury also indicted ... and Free for third-degree 1 tampering with a witness, N.J.S.A. 2C:28-5(a)(1) and/or (2) and ...

docket:	a4591-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-20
status:	Published
citation:
Document Size:	116178

609 L.R. v. CAMDEN CITY PUBLIC SCHOOL DISTRICT -- rank: 841

... issues of access under the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, the New Jersey Pupil Records Act ("NJPRA"), N.J.S.A. 18A:36-19, and the Federal Family Educational Rights and ... of any school district."). The 1944 statute, ultimately codified at N.J.S.A. 18:2-4.1, did not specifically address the privacy ... purposes of this act, be deemed to be public records. [ N.J.S.A. 47:1A-2 (repealed by L. 2001, c. 404, Â ... furnishing the same accordingly. [ L. 1967, c. 271, codified at N.J.S.A. 18A:36-19 (amended later at L. 1977, c. 346 ... system for all pupils. [ L. 1967, c. 271, codified at N.J.S.A. 18A:36-19 (emphasis added).] The 1975 definition of " ...

docket:	a3972-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-16
status:	published
citation:
Document Size:	136339

610 STATE OF NEW JERSEY v. QUADIR WHITAKER -- rank: 841

... Quadir Whitaker was convicted under the principle of accomplice liability, N.J.S.A. 2C:15-1a, which provides, "[a]n act shall be ... and co-defendant Greg Davis with first-degree armed robbery, N.J.S.A. 2C:15-1 (Count One); first-degree felony murder, N.J.S.A. 2C:11-3 (Count Three); third-degree unlawful possession of a weapon without having a permit, N.J.S.A. 2C:39-5b (Count Four); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Count Five). On May 27, 2004, the ... the offense, fails to make proper effort so to do . . . . [ N.J.S.A. 2C:2-6 (emphasis added).] Under the statute, "'an ...

docket:	a4340-05
court:	njappellate
decided:	2008-09-18
status:	published
citation:	402 N.J.Super. 495
Document Size:	215064

611 STATE OF NEW JERSEY V. JOHN W. DREHER -- rank: 841

... charged with the purposeful or knowing murder of his wife, N.J.S.A. 2C:11-3a and 2C:5-2. He was found ... jury returned a superseding indictment, charging defendant with purposeful murder, N.J.S.A. 2C:11-3a and N.J.S.A. 2C:39-4d, (count six).     After many months of pre ...

docket:	a6479-94
court:	njappellate
decided:	1997-06-20
status:	published
citation:	302 N.J.Super. 408
Document Size:	220854

612 STATE OF NEW JERSEY v. SHAWN CUSTIS -- rank: 841

... of the indictment, specifically: count two, second degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); count three, third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); count four, first-degree robbery, N.J.S.A. 2C:15-1(a)(3); count five, second-degree burglary, N.J.S.A. 2C:18-2(b)(2); count six, third-degree criminal restraint, N.J.S.A. 2C:13-2(a); and count seven, third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a). Sentencing The trial court granted ...

docket:	a5132-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	124997

613 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I.B and E.W -- rank: 841

... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Unconvinced, we affirm. I. Alan ... of a parent without a court order, as authorized by N.J.S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 6 The record ... evidence the four prongs of the 'best interests' standard under N.J.S.A. 30:4C-15.1(a). The Division must prove: (1 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also N.J. Div ... and 'provide a safe and stable home for the child,' N.J.S.A. 30:4C- 15.1(a)(2), the second prong ...

docket:	a5016-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-01
status:	Unpublished
citation:
Document Size:	74871

614 IN THE MATTER OF CENTEX HOMES, LLC -- rank: 841

... A.C. 14:3-8.1 ET SEQ. PURSUANT TO N.J.S.A. 48:2-27. The BPU denied the petition because the ... the BPU exceed the narrowly circumscribed authority delegated pursuant to N.J.S.A. 48:2-27 and are therefore void. Centex argues that ... the BPU violated due process and the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -25, by failing to provide Centex ... We agree with Centex that the BPU's interpretation of N.J.S.A. 48:2-27 is inconsistent with the function of that ... third round affordable housing obligation under the Fair Housing Act, N.J.S.A. 52:27D-301 to -329. Centex purchased the property from ... Centex filed a petition for utility service extensions pursuant to N.J.S.A. 48:2-27. Centex requested that the BPU order ...

docket:	a2207-07
court:	superior court appellate division
decided:	2009-12-30
status:	published
citation:	411 N.J. Super. 244 985 A.2d 649
Document Size:	87272

615 JAMES F. WALTERS v. YMCA -- rank: 841

... absolute immunity pursuant to the Charitable Immunity Act (the Act), N.J.S.A. 2A:53A-7 to -11. The Law Division judge disagreed ... and outside the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a).] Importantly, the Legislature declared the provisions ... and associations organized for religious, charitable, educational or hospital purposes. [ N.J.S.A. 2A:53A-10.] The Court, directly interpreted these provisions, stating ... utilized by the charitable organization to fulfill its qualifying purposes. N.J.S.A. 2A:53A-9. Finally, it is the actual use and ... formal designation that determines whether it serves a charitable purpose. N.J.S.A. 2A:53A-9; see also Kuchera v. Jersey Shore Family ... N.J. Super. 71 , 72-73 (App. Div. 1949) (quoting N.J.S.A. 54:4-3.6). This standard admittedly is similar ...

docket:	a1130-15
court:	NJ Superior Court Appellate Division
decided:	2016-08-16
status:	unpublished
citation:
Document Size:	73718