Search Rutgers Law Library N.J. Court Opinions

76 STATE V. JOSEPH HARRIS -- rank: 846

... sexual assault of juveniles, we do not use actual names. N.J.S.A. 2A:82-46a. To avoid dehumanizing the issues, we will ... 178, to include two forms of purposeful or knowing murder. N.J.S.A. 2C:11-3 would be death-eligible. However, the legislative ... The Legislature amended the Criminal Code to reflect that change. N.J.S.A. 2C:11-3i.     Because this homicide took place before those ... every element of a crime. The Legislature has since amended N.J.S.A. 2C:4-2, the diminished-capacity law. L. 1990, c ... he did not know what he was doing was wrong." N.J.S.A. 2C:4-1. Insanity is an affirmative defense that must ...

docket:	a-3-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 525
Document Size:	152093

77 Cornblatt v. Barow -- rank: 846

... the application of the Affidavit of Merit Bill, codified as N.J.S.A. 2A:53A-26 to -29, which imposes requirements for initiating ... certain professional malpractice actions. L. 1995, c. 139 (codified at N.J.S.A. 2A:53A-26 to -29). The statute by its terms ... sixty days as required by the Affidavit of Merit Bill. N.J.S.A. 2A:53A-27. Subsequently, on February 13, 1996, the trial ... an extension of the expert affidavit filing period pursuant to N.J.S.A. 2A:53A-27, which provides for an extension of the ... Joint And-Several Liability Bill, L. 1995, c. 140 (amending N.J.S.A. 2A:58C-8 to -9); the Punitive Damages Act, L. 1995, c. 142 (codified at N.J.S.A. 2A:15-5.9 to -5.17); the Health- ...

docket:	a-111-97
court:	njsupreme
decided:	1998-03-19
status:
citation:	153 N.J. 218
Document Size:	77802

78 New Jersey Society for the Prevention of Cruelty to Animals, et al. v. New Jersey Department of Agriculture, et al. -- rank: 846

... had two sections, the first of which was codified as N.J.S.A. 4:22-16.1. That section provides, in relevant part ... cruelty to, or inhumane care or treatment of, domestic livestock . . . . [ N.J.S.A. 4:22-16.1.] The bill also amended N.J.S.A. 4:22-16, which more generally defines the manner in ... the regulations that the Department was directed to promulgate. See N.J.S.A. 4:22-16(e). In addition, the bill extended the exemption granted in N.J.S.A. 4:22-16(a) for “[p]roperly conducted scientific ... the Department to consult with the Agricultural Experiment Station, see N.J.S.A. 4:22-16.1(a), reasoning that this also ...

docket:	a-27-07
court:
decided:	2008-07-30
status:
citation:	196 N.J. 366
Document Size:	165088

79 IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF SOUTH BRUNSWICK FOR A JUDGMENT OF COMPLIANCE AND REPOSE AND IMMUNITY FROM MOUNT LAUREL LAWSUITS -- rank: 846

... unit cap on affordable housing obligations 3 set forth in N.J.S.A. 52:27D- 307(e) applied to separate ten-year periods ... II), 92 N.J. 158 (1983)). A-3344-20 4 N.J.S.A. 52:27D-307(e). The Township's current Third Round ... also argue the judge erred in: (1) his interpretation of N.J.S.A. 52:27D-307(e); (2) revoking the Township's immunity ... 000 units in accordance with the Fair Housing Act (FHA),' N.J.S.A. 52:27D-301 to -329.4 and COAH's existing ... On October 5, 2015, the judge issued an opinion interpreting N.J.S.A. 52:27D-307(e), which affected South Brunswick's DJ ... body.' Mount Laurel IV, 221 N.J. at 7 (citing N.J.S.A. 52:27D-305, -307). COAH was charged with determining ...

docket:	a3344-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-12
status:	Unpublished
citation:
Document Size:	137436

80 In re Plan for the Abolition of the Council on Affordable Housing -- rank: 846

... this appeal is whether the Executive Reorganization Act of 1969, N.J.S.A. 52:14C-1 to -11 (Reorganization Act or Act), authorizes ... but not of,” the Department of Community Affairs (DCA). N.J.S.A. 52:27D-305(a). COAH consists of twelve members appointed ... reorganize entities that are “of the executive branch,” N.J.S.A. 52:14C-3(a), did not include “in but ... to agencies that are “of the executive branch,” N.J.S.A. 52:14C-3(a)(1), does not encompass, and thus ... agency, office, authority or institution of the executive branch.” N.J.S.A. 52:14C-3 (emphasis added). Under the Act, the Governor ... abolishing all or part of the functions of an agency. N.J.S.A. 52:14C-4(a). The Governor must deliver a ...

docket:	A-127-11
court:	NJ Supreme Court
decided:	2013-07-10
status:
citation:
Document Size:	259342

81 Steele v. Kerrigan -- rank: 846

... Server Fair Liability Act, L. 1987, c. 152 (codified at N.J.S.A. 2A:22A-1 to -7) (Licensed Server Liability Act or ... statutory provisions for joint and several liability and contribution, see N.J.S.A. 2A:15-5.3, despite the two distinct theories of ... licensed servers provided by the Licensed Server Liability Act, see N.J.S.A. 2A:22A-6.     Mums petitioned this Court for certification on ... such cases that the principles of the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.3, require apportionment of ... in 1973, L. 1973, c. 146 (codified as amended at N.J.S.A. 2A:15-5.1 to 5.3), required the trier ... 91 (1954), the Court interpreted the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53-1 to -20, as abrogating the common- ...

docket:	a-25-96
court:	njsupreme
decided:	1997-03-06
status:
citation:	147 N.J. 222
Document Size:	85246

82 Department of Children & Families v. E.D.-O. -- rank: 846

... by a parent, the Court considers, among other issues, whether N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding ... at the time of the event that triggered agency intervention. N.J.S.A. 9:6-8.21 to -8.73 (Title 9), seeking ... s name be placed in the Central Registry, pursuant to N.J.S.A. 9:6-8.11. The Director stated that E.D ... The Court granted certification. 218 N.J. 530 (2014). HELD: N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding ... v. T.B. , 207 N.J. 294, 306 (2011) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Appellate courts also ... of whether conduct constitutes child abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(4)(b) requires a ...

docket:	A-109-13
court:	NJ Supreme Court
decided:	2015-08-20
status:
citation:	223 N.J. 166 121 A.3d 832
Document Size:	109629

83 STATE OF NEW JERSEY v. LARRY R. HENDERSON -- rank: 846

... Henderson and Clark with the following offenses: first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and possession of a weapon having been convicted of a prior offense, N.J.S.A. 2C:39-7(a) (Henderson) and -7(b) (Clark). B ... murder and aggravated manslaughter, and convicted him of reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), aggravated assault, and two ...

docket:	a-8-08
court:	NJ Supreme Court
decided:	2009-02-26
status:
citation:	208 N.J. 208 27 A.3d 872
Document Size:	303807

84 In the Matter of Civil Commitment of D.Y. -- rank: 846

... civil commitment pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 3-:4-27.24 to -27.38, may represent himself ... to appear as amici curiae. HELD : The plain language of N.J.S.A. 30:4-27.29(c) and -27.31(a) requires ... of the SVPA that address representation in involuntary commitment hearings, N.J.S.A. 30:4-27.29(c) and -27.31(a), bar ... person subject to civil commitment as a sexually violent predator. N.J.S.A. 30:4-27.31. In addition to the right to counsel included therein , a corresponding provision, N.J.S.A. 30:4-27.29(c), states that a person subject ... civil commitment pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, may represent ...

docket:	A-42-12
court:	NJ Supreme Court
decided:	2014-07-24
status:
citation:	218 N.J. 359 95 A.3d 157
Document Size:	123286

85 State v. Anthony Caliguiri -- rank: 846

... distribute within 1000 feet of school property, in violation of N.J.S.A. 2C:35-7.     Caliguiri, who had an unblemished record, a ... Appellate Division held PTI presumptively unavailable to defendants charged under N.J.S.A. 2C:35-7, unless the prosecutor determined that the proofs ... again ordered reconsideration of Caliguiri's application, concluding that violating N.J.S.A. 2C:35-7 was analogous to committing a second-degree ... the State. HELD : While prosecutors may not treat offenders of N.J.S.A. 2C:35-7 as categorically ineligible for admission to PTI, they may treat N.J.S.A. 2C:35-7 as equivalent to a second-degree offense ... patent and gross abuse of discretion.” (pp. 8-9) 3. N.J.S.A. 2C:35-7 is a third-degree crime, which ...

docket:	a-214-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 28
Document Size:	66057

86 K. Johnson v. Roselle EZ Quick LLC -- rank: 846

... this appeal, the Court considers whether a 2011 amendment to N.J.S.A. 39:6A-9.1 (2011 amendment), which allows a personal ... PIP benefits that it paid to plaintiff. GEICO relied on N.J.S.A. 39:6A-9.1, as it was written prior to ... Quick on his claim for bodily injury. GEICO relied on N.J.S.A. 39:6A-9.1, prior to the 2011 amendment. Plaintiff ... 2:2-1(a)(2). HELD: The 2011 amendment to N.J.S.A. 39:6A-9.1 does not expressly or implicitly present ... of subrogation. After the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35 (No-Fault Act), was enacted ... through subrogation. As a result, in 1983, the Legislature enacted N.J.S.A. 39:6A-9.1, which expressly permits an automobile ...

docket:	a-33-14
court:	New Jersey Supreme Court
decided:	2016-01-05
status:
citation:
Document Size:	107061

87 State v. Reynold Regis -- rank: 846

... for a unanimous Court. In this appeal the Court considers N.J.S.A. 39:4-88(b), which provides that on a roadway ... The issue is whether the first and second clauses of N.J.S.A. 39:4-88(b) identify two separate, independent offenses or ... which conducted a de novo review of the facts. Construing N.J.S.A. 39:4-88(b) to incorporate two independent offenses, the ... reversed the determination of the Law Division with respect to N.J.S.A. 39:4-88(b). The Appellate Division held that the ... can be conducted safely. Although it did not find that N.J.S.A. 39:4-88(b) was ambiguous, the panel nonetheless invoked the rule of lenity to construe N.J.S.A. 39:4-88(b) in Regis’ favor, citing a ...

docket:	A-81-10
court:	NJ Supreme Court
decided:	2011-12-14
status:
citation:
Document Size:	65769

88 Board of Education of the City of Sea Isle City, Cape May County v. William J. Kennedy -- rank: 846

... s conduct was permissible under the School Ethics Act (SEA), N.J.S.A. 18A:12-21 to -34. Specifically, the ALJ found that ... the educational rights of his child and was permitted by N.J.S.A. 18A:12-24(j), which allows a school official to ... Kennedy’s actions created a disqualifying conflict of interest under N.J.S.A. 18A:12-2, which prohibits board of education members from ... court specifically rejected Kennedy’s argument that the adoption of N.J.S.A. 18A:12-24(j) impliedly repealed N.J.S.A. 18A:12-2. HELD : Not all controversies and disputes that ... plain language of the provision relied on by the Commissioner. N.J.S.A. 18A:12-2 discusses qualifications for taking office and ...

docket:	a-37-07
court:
decided:	2008-07-21
status:
citation:	196 N.J. 23
Document Size:	95944

89 Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission -- rank: 846

... inconsistent with the legislative intent of the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6. On December 4, 2013 ... Service Act, including the spirit, intent, or plain meaning of N.J.S.A. 11A:3-1, N.J.S.A. 11A:4-1, or N.J.S.A. 11A:4-8.” The Legislature transmitted the concurrent resolution ... the duties of a title or group of titles.” N.J.S.A. 11A:4-1(a). Such “examinations may include, but ... be in the best interest of the career service.” N.J.S.A. 11A:4-2. Following a competitive examination, the Commission ...

docket:	a_47_16
court:	NJ Supreme Court
decided:	2018-08-08
status:
citation:
Document Size:	201566

90 New Jersey Division of Child Protection and Permanency v. Y.N. -- rank: 846

... Court. The primary issue in this case is whether, under N.J.S.A. 9:6-8.21(c)(4)(b), a finding of ... filed a complaint seeking care, custody, and supervision of Paul. N.J.S.A. 30:4C-12. The complaint also alleged that Yvonne abused ... methadone withdrawal, and the domestic violence involving Yvonne and Phil. N.J.S.A. 9:6-8.21. At the conclusion of the abuse ... safeguard them “from further injury and possible death.” N.J.S.A. 9:6-8.8(a). A finding of abuse or ... longstanding adverse consequences. Strict adherence to the statutory standards of N.J.S.A. 9:6-8.21(c)(4) is important because the ... parties concerned. (pp. 18-19) 2. The plain language of N.J.S.A. 9:6-8.21(c)(4)(b) requires proof ...

docket:	A-24-13
court:	NJ Supreme Court
decided:	2014-12-22
status:
citation:	220 N.J. 165 104 A.3d 244
Document Size:	97016