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886 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 841
... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... G. filed motions for return of the child pursuant to N.J.S.A. 9:6-8.32, and, alternatively, for visitation. In a ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.1(a), to contest the charges of ... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following ...
docket: a355-11
court: NJ Superior Court Appellate Division
decided: 2013-09-03
status: unpublished
citation:
Document Size: 194329
887 STATE OF NEW JERSEY v. RENARD JOSEPH -- rank: 841
... was convicted of three counts of first-degree armed robbery, N.J.S.A. 2C:15-1(b), and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a), and one count of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). On the armed robbery convictions, he ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and on the second-degree weapons ... the armed robbery convictions, which appeared in the amended JOC, N.J.S.A. 2C:43-7.2(c), and therefore the sentence must ...
docket: a5651-09
court: NJ Superior Court Appellate Division
decided: 2012-06-04
status: published
citation: 426 N.J. Super. 204 43 A.3d 1233
Document Size: 133386
888 IN THE MATTER OF D.C. and D.C., Minors -- rank: 841
... in the best interests of D.C. and D.C. N.J.S.A. 30:4C-20 to -22. We find no basis in ... to New Jersey's statute on grandparent and sibling visitation, N.J.S.A. 9:2-7.1, and criticizes the trial court for ... the past, been a full-time caretaker for the child. [ N.J.S.A. 9:2-7.1.] This statute is part of New ...
docket: a1608-08
court: NJ Superior Court Appellate Division
decided: 2009-07-01
status: unpublished
citation:
Document Size: 89922
889 State v. Osborne S. Maloney -- rank: 841
... State v. Whitaker , 200 N.J. 444, 458 (2009) (citing N.J.S.A. 2C:2-2(a)). If the State’s theory is ... a verdict convicting the defendant of the included offense.” N.J.S.A. 2C:1-8e. If neither party requests a charge on ... instruct the jury sua sponte on accomplice liability, pursuant to N.J.S.A. 2C:2-6 and State v. Bielkiewicz , 267 N.J ... defendant guilty of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1; second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and 2C:18-2; two counts of first-degree armed robbery, N.J.S.A. 2C:15-1; second-degree burglary, N.J.S. ...
docket: a-64-11
court: New Jersey Supreme Court
decided: 2013-10-16
status:
citation:
Document Size: 101778
890 State v. Randy K. Manning -- rank: 841
... cell-phone location information in accordance with the standards of N.J.S.A. 2A:156A-29 or to satisfy one of the exceptions ... location information from a service provider. Id. at 589 (citing N.J.S.A. 2A:156A-29). (pp. 18-23) 2. The Court now ... relevant and material to an ongoing criminal investigation.” See N.J.S.A. 2A:156A-29(e). The Court also expressly holds that ... articulable facts, or a warrant. See id. at 591-92; N.J.S.A. 2A:156A-29(c) and (e). That statutory scheme does ... suppression remedy for unlawfully acquired cell-phone location information. See N.J.S.A. 2A:156A-27, -29(c) and (e), -32, and -34 ... phone location information in accordance with the 4 standards of N.J.S.A. 2A:156A-29 or to satisfy one of the ...
docket: a-10-18
court: NJ Supreme Court
decided: 0000-00-00
status:
citation:
Document Size: 71843
891 I/M/O TOWN OF HARRISON AND FRATERNAL ORDER OF POLICE -- 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: a0124-11
court: NJ Superior Court Appellate Division
decided: 2015-04-15
status: published
citation:
Document Size: 137876
892 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 841
... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... G. filed motions for return of the child pursuant to N.J.S.A. 9:6-8.32, and, alternatively, for visitation. In a ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.1(a), to contest the charges of ... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following ...
docket: a4001-11
court: NJ Superior Court Appellate Division
decided: 2013-09-03
status: unpublished
citation:
Document Size: 194333
893 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 841
... offense of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; second-degree conspiracy to distribute heroin or cocaine, in a quantity of five ounces or greater, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5(a)(1); N.J.S.A. 2C:35-5(b)(1); second-degree employing a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in ...
docket: A5387-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132364
894 STATE OF NEW JERSEY v. CHRISTOPHER A. TARVER -- rank: 841
... second-degree endangering the welfare of a child (child endangerment), N.J.S.A. 2C:24-4(a) (counts one, two, four, seven, eight ... well as five counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (counts three, six, nine, twelve, and sixteen); four counts of second-degree official misconduct, N.J.S.A. 2C:30-2 (counts five, eleven, fourteen, and eighteen); one count of second-degree sexual assault, N.J.S.A. 2C:14-2(c) (count fifteen); one count of second-degree pattern of official misconduct, N.J.S.A. 2C:30-7 (count nineteen); and one count of third-degree possession of child pornography, N.J.S.A. 2C:24-4(b)(5)(b) (count twenty-six, ...
docket: a0852-18
court: NJ Superior Court Appellate Division
decided: 2021-11-17
status: Unpublished
citation:
Document Size: 84617
895 STATE OF NEW JERSEY v. ROBERT RAYMOND CARMAN, JR -- rank: 841
... his judgment of conviction for first-degree murder, contrary to N.J.S.A. 2C:11-3. After a careful review of the record ... 03-11-00727-I, charging defendant with murder, contrary to N.J.S.A. 2C:11-3 (count one). On September 22, 2004, defendant ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The trial judge ordered defendant to ... Legislature has also addressed the issue of judicial recusal in N.J.S.A. 2A:15-49, which states, in pertinent part: No judge ... statutory causes "shall be made before the trial or argument." N.J.S.A. 2A:15-50. In regard to N.J.S.A. 2A:15-49, we have stated that "[w]hen ...
docket: a2434-07
court: superior court appellate division
decided: 2009-12-10
status: unpublished
citation:
Document Size: 158559
896 /usr/local/share/www/libweb/collections/courts/appellate/a3722-17.opn.html -- rank: 841
... CDS), cocaine, and to possess cocaine with intent to distribute, N.J.S.A. 2C:5- -2, N.J.S.A. 2C:35-10(a)(1), and N.J.S.A. 2C:35-5(a)(1) (count one); third-degree possession of CDS, cocaine, N.J.S.A. 2C:35-10(a)(1) (count two); second- degree possession of CDS, cocaine, with intent to distribute, N.J.S.A. 2C:35- 5(b)(3) (count three); possession of CDS ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count four); and third- degree financial ...
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Document Size: 75820
897 State v. Traci E. Stanton -- rank: 841
... defendant guilty of second-degree vehicular homicide in violation of N.J.S.A. 2C:11-5b also must decide whether the defendant was ... intoxicated before a mandatory minimum sentence can be imposed under N.J.S.A. 2C:11-5b(1). In February 1997, Traci Stanton invited ... it is caused by driving a vehicle or vessel recklessly. N.J.S.A. 2C:11-5a. The recklessness element may be satisfied by ... This appeal involves a conviction for second-degree vehicular homicide, N.J.S.A. 2C:11-5b, based on defendants reckless operation of ... greater, during which the defendant shall be ineligible for parole. N.J.S.A. 2C:11-5. In addition, the police issued defendant summonses ... vehicle offenses, including driving while intoxicated (DWI), in violation of N.J.S.A. 39:3-76.2f. The vehicular homicide was tried ...
docket: a-7-01
court: njsupreme
decided: 2003-04-17
status:
citation: 176 N.J. 75
Document Size: 118185
898 /usr/local/share/www/libweb/collections/courts/appellate/a3545-19.opn.html -- rank: 841
... 3 procedurally flawed and violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. Also, RTMUA contends that the ... 552, 558 (App. Div. 2011) (first alteration in original) (quoting N.J.S.A. 13:1D-9). To understand the significance of the DEP ... laws implementing CWA mandates: the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -73, and the Water Quality Planning Act (WQPA), N.J.S.A 58:11A-1 to -16. The Clean Water Act 'The ... State's water quality in accordance with the federal mandate. N.J.S.A. 58:10A- 2; N.J.S.A. 58:11A-2; Vi-Concrete Co. v. N.J. ...
docket:
court: New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size: 157393
899 NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v. CHRISTOPHER D. CERF -- rank: 841
... approve employment contracts that local school districts award to superintendents. N.J.S.A. 18A:7-8(j). At issue is the Commissioner's ... the authority delegated to the Commissioner by the Legislature in N.J.S.A. 18A:7-1 to -16 ( L. 2007, c. 63, ... a local school board to fix its superintendent's salary, N.J.S.A. 18A:17-19; application of the salary cap to superintendents ... whose contracts expired on June 30, 2011 is precluded by N.J.S.A. 18A:17-20.1 or -20.2; and the Commissioner ... the rulemaking provisions of the Administrative Procedure Act (the Act), N.J.S.A. 52:14B-1 to -24, by directing the ECSs to ... to refer to the Association and the individuals. Pursuant to N.J.S.A. 18A:7-8(j), "Each [ECS] shall . . . [r]eview ...
docket: a4647-10
court: NJ Superior Court Appellate Division
decided: 2012-10-25
status: published
citation: 428 N.J.Super. 588 55 A.3d 74
Document Size: 53423
900 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 841
... offense of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; second-degree conspiracy to distribute heroin or cocaine, in a quantity of five ounces or greater, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5(a)(1); N.J.S.A. 2C:35-5(b)(1); second-degree employing a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in ...
docket: A6158-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132363
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