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796 STATE OF NEW JERSEY v. JOSE FELICIANO -- rank: 841

... Jose Feliciano appeals from his convictions for first degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); first degree robbery with the use of a deadly weapon, N.J.S.A. 2C:15-1(a)(1) (counts three and four); third degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five); fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count six); and third degree hindering one's own apprehension, N.J.S.A. 2C:29-3(b)(1) (count seven). Following applicable ...

docket:	a0221-12
court:	NJ Superior Court Appellate Division
decided:	2016-04-25
status:	unpublished
citation:
Document Size:	142111

797 HAROLD E. SMITH VS ALAN L. WHITAKER, JR. & ET ALS -- rank: 841

... burial expenses of $3,939) under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 and a punitive damage award of $1.25 million under the Survivor's Act, N.J.S.A. 2A:31-1 to -6, and under the Survivor's Act, N.J.S.A. 2A:15-3 to include the sum of $3,939 ... burial expenses were recovered pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 et seq. " Both parties then appealed. IV ... neglect or default" of another, an "action for damages" arises. N.J.S.A. 2A:31-1. In "every action" brought under N.J.S.A. 2A:31-1, the jury can only award damages " ...

docket:	a0457-96
court:	njappellate
decided:	1998-06-15
status:	published
citation:	313 N.J.Super. 165
Document Size:	96605

798 STATE OF NEW JERSEY v. MARCELINA BALUCH -- rank: 841

... was convicted by a jury of second-degree reckless manslaughter, N.J.S.A. 2C:29-3b, -3a. Defendant was sentenced to an aggregate ... workers. They were jointly indicted for purposeful or knowing murder, N.J.S.A. 2C:13-2, and third- and fourth-degree hindering apprehension or prosecution of themselves and each other, N.J.S.A. 2C:29-3b, -3a.     Due to "differently admissible" proofs, the ... part of the privileged matter." N.J.R.E. 530; N.J.S.A. 2A:84A-29. Ordinarily, a witness who voluntarily waives a ...

docket:	a3687-98
court:	njappellate
decided:	2001-06-13
status:	published
citation:	341 N.J. Super. 141
Document Size:	141349

799 STATE OF NEW JERSEY IN THE INTEREST OF J.C. a Juvenile -- rank: 841

... charged with one count of first-degree sexual assault under N.J.S.A. 2C:14-2(a)(1) based upon allegations that he ... judge ordered a competency evaluation of J.C. pursuant to N.J.S.A. 2C:4-5. Two reports were provided by a licensed ... charged with one count of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), as a result of the ... to provide a competency evaluation of J.C. pursuant to N.J.S.A. 2C:4-5. On March 27, 2018, Richard T. Barr ... J.C.'s lack of mental competence to proceed under N.J.S.A. 2C:4-4. The trial judge held a competency hearing ... dismissed the charges against J.C. with prejudice pursuant to N.J.S.A. 2C:4- 6(c), and granted the State's ...

docket:	a1613-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Unpublished
citation:
Document Size:	65389

800 ABBOTT v. BURKE -- rank: 841

... fully fund the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63. The schoolchildren who comprise the ... Funding Reform Act of 2008 (SFRA), L. 2007, c. 260 ( N.J.S.A. 18A:7F-43 to -63). The State persuaded us to ... adequacy and 20% for those districts spending below adequacy. See N.J.S.A. 18A:7F-47(d). A third factor, Educational Adequacy Aid ... and other operative parts after three years of implementation. See N.J.S.A. 18A:7F-46(a), (b), -51(a), -55(f), -57 ... Funding Reform Act of 2008 (SFRA), L. 2007, c. 260 ( N.J.S.A. 18A:7F-43 to -63) was signed into law. In ...

docket:	m-1293-09_5
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669616

801 J.I. v. New Jersey State Parole Board -- rank: 841

... pled guilty to one count of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and two counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). J.I. admitted that, over a ... year prison term, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, on the sexual assault charge and ... to the registration and notification requirements of Megan’s Law, N.J.S.A. 2C:7-1 to -23. Upon J.I.’s ... likelihood of recidivism and fostering public protection and rehabilitation. See N.J.S.A. 2C:43-6.4(b); N.J.S.A. 30:4-123.59(b)(1); see also Pazen ...

docket:	a-29-15
court:	New Jersey Supreme Court
decided:	2017-03-21
status:
citation:
Document Size:	131548

802 STATE OF NEW JERSEY VS MELANIE McGUIRE -- rank: 841

... grand jury indicted defendant on four charges: first-degree murder, N.J.S.A. 2C:11-3; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; second-degree desecration of human remains, N.J.S.A. 2C:22-1; and third-degree perjury, N.J.S.A. 2C:28-1. A year later, a State grand jury ... three years and nine months on the murder charge . See N.J.S.A. 2C:43-7.2. The court then sentenced defendant to ... trial court excluded that evidence under the Rape Shield Law, N.J.S.A. 2C:14-7. 249 N.J. Super. at 248- ...

docket:	A6576-06
court:	NJ Superior Court Appellate Division
decided:	2011-03-16
status:	published
citation:	419 N.J. Super. 88 16 A.3d 411
Document Size:	180750

803 /usr/local/share/www/libweb/collections/courts/appellate/a0083-11a0099-11a0123-11a0124-11a0157-11a0158-11a0159-11a0195-11a0208-11.opn.html -- rank: 841

... into by appellants were creditable compensation for pension purposes under N.J.S.A. 43:16A-1(26)(a). Thus, to be clear, we ... collective bargaining agreements constitute creditable compensation benefits as defined in N.J.S.A. 43:16A-1(26)(a) or N.J.A.C ... Legislature in the Police and Firemen's Retirement System Act, N.J.S.A. 43:16A-1 to -68, and the regulations promulgated by ... and 'responsibility for the proper operation of the retirement system.' N.J.S.A. 43:16A-13(a)(1). Although the Division of Pensions ... as 'a labor organization and representative within the meaning of N.J.S.A. 34:13A-3(e).' This appellant represents all uniformed officers ... in anticipation of the member's retirement,' in violation of N.J.S.A. 43:16A-1(26)(a). As was the case ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	120729

804 /usr/local/share/www/libweb/collections/courts/trial/actedxx-11.opn.html -- rank: 841

... LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 3 allowing the construction of ... impervious cover limits; (2) violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to 25, by creating a new habitat ... rulemaking; (3) ignored the requirements of the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management ... transition area waiver under the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. 5 Jaylin proposed developing its ... 7A:7E-5B and thus violated CAFRA's mandate in N.J.S.A. 13:19-10 that DEP issue a permit "only upon ... life processes at the site and within the surrounding region." N.J.S.A. 13:19-10(e). I. GENERAL LEGAL PRINCIPLES Except ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100450

805 /usr/local/share/www/libweb/collections/courts/appellate/a1475-05.opn.html -- rank: 841

Original Wordprocessor Version (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1472-05T1 A-1473-05T1 A-1475-05T1 CASEY PELLICER, a minor, A-1483-05T1 by his guardian ad litem ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	206384

806 ELAINE TRIVISANO v. CITY OF ATLANTIC CITY -- rank: 841

... PER CURIAM In this New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to -12-3, negligence suit against defendant ... or nail constitutes a dangerous condition within the meaning of N.J.S.A. 59:4-1(a); the City had actual or constructive ... its failure to take action, was palpably unreasonable. See generally N.J.S.A. 59:4-2 (explaining the requirements that must be satisfied ... a notice of tort claim in accordance with the TCA. N.J.S.A. 59:8-8. In February 2017, three months after her ... the protruding bent screw prior to plaintiff's fall. See N.J.S.A. 59:4-2(b). The court further found plaintiff did ... any 'palpably unreasonable' act or omission by the City. See N.J.S.A. 59:4- 2. The court found: With regard to ...

docket:	a4537-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-16
status:	Unpublished
citation:
Document Size:	53725

807 IN THE MATTER OF THE APPLICATION OF THE STATE OF NEW JERSEY FOR THE FORFEITURE OF WEAPONS, ET AL. -- rank: 841

... Fox, pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The TRO contained a valid ... receiver), or the Springfield . . . is an '[a]ssault firearm' under N.J.S.[A.] 2C:39-1[(w)].[1] If the [c]ourt determines that either rifle is prohibited under N.J.S.[A.] 2C:39- 1[(w)], then the State's [w]eapons ... the [c]ourt determines that neither rifle is prohibited under N.J.S.[A.] 2C:39-1[(w)], then the State's [w]eapons ... 1 Firearms classified as prohibited 'assault firearms' are itemized under N.J.S.A. 2C:39-1(w)(1). Additionally, '[a]ny firearm manufactured ... is substantially identical to any of the firearms listed [under N.J.S.A. 2C:39-1(w)(1)]' is considered a prohibited '[ ...

docket:	a3418-21a3419-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	47917

808 IMO OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF ENGLEWOOD, ET ALS -- rank: 841

... various aspects of the Charter School Program Act of 1995; N.J.S.A. 18A:36A-1 to -18; L. 1995, c. 426 (Act ... approval to the State Board of Education, as permitted by N.J.S.A. 18A:36A-4d. Englewood contended in part that the charter ... were violative of the statutory prohibition against "unfunded mandates." See N.J.S.A. 52:13H-1 to -20. C. The Franklin Township Appeal ... 245 (App. Div. 1998), interpreting one section of the act, N.J.S.A. 18A:36A-10, use of public funds to construct a ... three appeals. B.    The Charter School Program Act of 1995,      N.J.S.A. 18A:36A-1 to -18     The desirability of a charter ... State to encourage and facilitate the development of charter schools.         [ N.J.S.A. 18A:36A-2.]     The Act empowers the Commissioner of ...

docket:	a4825-97
court:	njappellate
decided:	1999-03-29
status:	published
citation:
Document Size:	146682

809 ASDAL BUILDERS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 841

... of provisions of the Flood Hazard Area Control Act (FHACA), N.J.S.A. 58:16A-50 to -68. The NOV, dated May 24 ... based on the New Jersey Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. The NOV cited the disturbance ... supported by "sufficient, competent, and credible evidence in the record." N.J.S.A. 52:14B-10(c). The Commissioner may not reject findings ... N.J. Super. 321 , 326 (App. Div. 2011). See also N.J.S.A. 52:14B-10(c). B. Flood control and waterway preservation ... government. See 33 U.S.C.A. § 701b-11; N.J.S.A. 58:16A-50b. In this matter, our review examines whether ... and to "preserve the flood carrying capacity of natural streams." N.J.S.A. 58:16A-52a (2004). Title 7 of the Administrative ...

docket:	a2392-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	published
citation:	426 N.J. Super. 564 46 A.3d 575
Document Size:	130052

810 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 841

... 1 and the provisions of the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, adopted initially in 1985. These ... principles of administrative fairness underlying the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-1 to –15, and the FHA. One appellant ... to provide an administrative mechanism for implementing the FHA, see N.J.S.A. 52:27D-305, with its underlying policy, in recognition of ... footnote 3 as a method of achieving fair share housing. [ N.J.S.A. 52:27D-303.] The constitutionality of the FHA was upheld ... s "comprehensive planning and implementation response to [the] constitutional obligation," N.J.S.A. 52:27D-302c, is to be effected by COAH. See N.J.S.A. 52:27D-305. Among the agency's express responsibilities ...

docket:	A0795-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:
Document Size:	108977