Search Rutgers Law Library N.J. Court Opinions

1 State in the Interest of J.A. -- rank: 1000

... by an adult would constitute a second-degree robbery under N.J.S.A. 2C:15-1. These are the facts presented at trial ... law enforcement officer with the purpose to implicate another,” N.J.S.A. 2C:28-4(a), and a disorderly persons offense to ... enforcement officer “knowing that it did not occur,” N.J.S.A. 2C:28-4(b). See Davis , supra , 547 U.S ... the downgraded offense of third-degree theft from a person, N.J.S.A. 2C:20-3. Based on H.A.’s admitted ... insurance); N.J.R.E. 412 (adopting Rape Shield Law, N.J.S.A. 2C:14-7). 18 The trial court admitted the hearsay ...

docket:	a-2-07
court:
decided:	2008-06-23
status:
citation:	195 N.J. 324
Document Size:	139712

2 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 954

... Court graduates seeking expungement of their criminal records pursuant to N.J.S.A. 2C:35-14(m) — the "Drug Court expungement statute" — must make a "public interest" showing as N.J.S.A. 2C:52-2(c)(3) requires for the expungement of ... Court expungement statute, and its legislative history, we conclude that N.J.S.A. 2C:35-14(m)(2) clearly imports the public interest requirement under N.J.S.A. 2C:52-2(c)(3). We therefore vacate orders expunging ... As these appeals require us to consider the interplay between N.J.S.A. 2C:35-14(m) and N.J.S.A. 2C:52-2(c)(3), we review those key ...

docket:	a1516-16
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	published
citation:	451 N.J.Super. 391 168 A.3d 83
Document Size:	57447

3 STATE OF NEW JERSEY VS. EBENEZER BYRD, JERRY J. SPRAULDING, AND GREGORY A. JEAN-BAPTISTE -- rank: 874

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He also received two consecutive twenty ... and Fair with second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2 (count one); second-degree armed burglary, N.J.S.A. 2C:18-2 (count two); first-degree armed robbery, N.J.S.A. 2C:15-1 (count three); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count four); second-degree ...

docket:	a4941-18a5095-18a1452-19
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	198756

4 DCPP VS. B.C. AND A.A., IN THE MATTER OF THE GUARDIANSHIP OF A.A. AND J.A. -- rank: 870

... best interests test warranting termination of her parental rights under N.J.S.A. 30:4C-15.1(a). The law guardian argues the ... proven all four prongs of the best interests standard under N.J.S.A. 30:4C-15.1(a), entered an order terminating the ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each ... amended only prong two of the best interests standard under N.J.S.A. 30:4C-15.1(a) by deleting the sentence, '[s ... the child.' Compare L. 2021, c. 154, § 9 (current N.J.S.A. 30:4C-15.1(a)(2)), with L. 2015, c ... a KLG. Compare L. 2021, c. 154, § 4 (current N.J.S.A. 3B:12A- 6(d)(3)), with L. 2006, c. ...

docket:	a2191-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	44098

5 IN THE MATTER OF PETITION FOR RULEMAKING TO AMEND N.J.A.C. 10A:71-3.11, ET AL. -- rank: 868

... future date of parole eligibility, known as an FET. See N.J.S.A. 30:4-123.56; N.J.A.C. 10A:71 ... Act requires the Board to perform 'an objective risk assessment.' N.J.S.A. 30:4-123.52(e); see N.J.A.C ... legislative and executive branches. Notably, the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.76, has not been ... on juvenile and young adult brain development. See e.g., N.J.S.A. 2C:44-1(b)(14) (creating a new mitigating sentencing ... 80, 95 (1987)) (highlighting the addition of mitigating factor fourteen, N.J.S.A. 2C:44- - 1(b)(14), which reads, '[t]he defendant ... the commission of the offense'). The Court concluded 'the 4 N.J.S.A. 2C:44-1(b)(7), which reads, '[t]he ...

docket:	a0494-22a1180-22
court:	appellate
decided:	2024-05-09
status:	Unpublished
citation:
Document Size:	58470

6 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 863

... prongs three and four of the best interests standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing proof ... she] has experienced.' In addition, counsel claimed that pursuant to N.J.S.A. 9:6-8.50(b), the court could amend the ... a prior court hearing that another judge . . . in relying on [N.J.S.A.] 9:6-8.50(b) said that you could . . . present ... We note our disagreement with counsel for the Division that N.J.S.A. 9:6-8.50(b) was designed to permit the ... qualifying her as an abused and neglected child pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). After reviewing the ... an abused and neglected child under the last clause of N.J.S.A. 9:6-8.21(c)(4)(b) defining an ...

docket:	a2413-21a1371-22
court:	appellate
decided:	2024-04-11
status:	Unpublished
citation:
Document Size:	151523

7 DCPP VS. E.A.K., ET AL., IN THE MATTER OF M.S-K., ET AL. -- rank: 859

... his live-in girlfriend's son within the meaning of N.J.S.A. 9:6-8.21(c). The orders were perfected for ... charges against defendant and the Division filed complaints pursuant to N.J.S.A. 9:6-8.33, seeking adjudication of abuse or neglect ... punishment, sexual abuse, and emotional abuse within the meaning of N.J.S.A. 9:6-8.21(c)(1), (c)(3), and (c ... doubt that the Division has proven abuse and neglect under [N.J.S.A.] 9:6-8.21(c)(1) with the physical abuse ... THE DIVISION] FAILED TO MEET THE BURDEN UNDER THE STATUTE, N.J.S.A. 9:6-8.21. A. The Trial Court Did Not ... Decision Upon Competent, Material And Relevant Evidence As Required By N.J.S.A. 9:6-8.46(B)(2) And Therefore The ...

docket:	a1110-22a1111-22
court:	appellate
decided:	2024-05-24
status:	Unpublished
citation:
Document Size:	48376

8 NEW JERSEY REAL ESTATE COMMISSION VS. RICHARD A. KARPF, ET AL. -- rank: 857

... open to the public during usual business hours, and (2) N.J.S.A. 45:15-17(e) alleging his conduct demonstrated unworthiness, incompetency ... N.J.A.C. 11:5-4.4(a) and N.J.S.A. 45:15-17(e) remained as the sole count to ... and demonstrated unworthiness, incompetence, and bad faith in violation of N.J.S.A. 45:15-17(e). The ALJ concluded Karpf's office ... clients reach him when he was teaching.' With respect to N.J.S.A. 45:15-17(e), the ALJ concluded that Karpf's ... which evidenced unworthiness, incompetence, and bad faith in violation of N.J.S.A. 45:15-17(e). Karpf's 'continued intentional misrepresentation of ... N.J.A.C. 11:5-4.4(a) and N.J.S.A. 45:15-17(e). The Commission noted N.J. ...

docket:	a3654-21
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	67818

9 IN THE MATTER OF THE CANNABIS REGULATORY COMMISSION'S DISQUALIFICATION OF BLOOM MEDICINALS OF PA, LLC FROM FURTHER CONSIDERATION OF AWARD OF PERMIT TO OPERATE AN ALTERNATIVE TREATMENT CENTER UNDER THE 2018 REQUEST FOR APPLICATIONS PURSUANT TO COURT O -- rank: 857

... and analysis. I. The Compassionate Use of Medical Cannabis Act, N.J.S.A. 24:6I-1 to - 56 (the Act), provides qualifying patients ... prosecution, and other penalties for possessing cannabis for medical purposes. N.J.S.A. 24:6I-2(e).1 To qualify, a patient must ... Act or from any condition the CRC establishes as debilitating. N.J.S.A. 24:6I-3. The Act also protects those authorized to ... process, and dispense cannabis pursuant to the statute's terms. N.J.S.A. 24:6I-7. 1 All citations to the Act are ... qualified patients and issuing permits for the operation of ATCs. N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7; Nat. Med., 428 N.J. Super. ...

docket:	a0569-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:	Unpublished
citation:
Document Size:	80123

10 New Jersey Division of Child Protection and Permanency v. A.P. \r\n\r\n\t\t\r\n\t\r\n -- rank: 855

... of Child Protection and Permanency (Division) met the requirements of N.J.S.A. 2C:52-19, an exception to New Jersey’s expungement ... use the records of Arlo’s criminal proceedings pursuant to N.J.S.A. 2C:52-19. The trial court found “good cause ... experts and the lawyers for all parties” in accordance with N.J.S.A. 2C:52-19. It noted that the Title 9 factfinding ... 472, 482-92 (App. Div. 2023). The Appellate Division construed N.J.S.A. 2C:52-19 to require a trial court to � ... and Appellate Division that the Division met the requirements of N.J.S.A. 2C:52-19 in this matter. The Division established good ... and the Court affirms the Appellate Division’s judgment. 1. N.J.S.A. 2C:52-19 provides in part that “[i] ...

docket:	a_14_23
court:	supreme
decided:	2024-07-30
status:	Published
citation:
Document Size:	56040

11 STATE OF NEW JERSEY VS. SHANNON A. MCGUIGAN -- rank: 855

... a first-degree drug-induced death crime, in violation of N.J.S.A. 2C:35-9(a), along with other drug-related crimes ... dangerous substance with the intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... strict liability for a drug-induced death, in violation of N.J.S.A. 2C:35- 9(a); third-degree distribution of a controlled dangerous substance, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... degree possession of a controlled dangerous substance, in violation of N.J.S.A. 2C:35-10(a)(1). Before trial, the State moved ... term of imprisonment, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, on the drug-induced-death ...

docket:	a3224-21
court:	appellate
decided:	2024-04-05
status:	Published
citation:
Document Size:	53349

12 James Kennedy, II v. Weichert Co. d\/b\/a Weichert Realtors -- rank: 855

... enter into an independent contractor business affiliation is enforceable under N.J.S.A. 45:15-3.2, and Kennedy, as an independent contractor, was not subject to the WPL pursuant to N.J.S.A. 34:11-4.1(b). The trial court therefore erred ... broker” to conduct real estate activities enumerated in the statute. N.J.S.A. 45:15-3 (2017). (pp. 14-16) 2. The WPL ... whether a person is an employee or an independent contractor. N.J.S.A. 34:11-4.1(b). In Hargrove v. Sleepy’s ... Act accordingly. Most significantly, the Legislature added a new section, N.J.S.A. 45:15-3.2, providing that “[n]otwithstanding any ... real estate industry, the 2022 amendments, as enacted, provided that N.J.S.A. 45:15-3.2 “shall apply retroactively to ...

docket:	a_48_49_22
court:	supreme
decided:	2024-05-10
status:	Published
citation:
Document Size:	59854

13 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. and J.A.T.A., a/k/a J.R and F.S. -- rank: 854

... an oral decision, finding the Division met its burden under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... the children from their foster parent under prong four of N.J.S.A. 30:4C-15.1(a).'8 John urges us to ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). See also N. ...

docket:	a1955-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-28
status:	Unpublished
citation:
Document Size:	53591

14 DCPP VS. M.P. AND D.S., IN THE MATTER OF THE GUARDIANSHIP OF L.J.P. -- rank: 854

... convincing evidence the statutory four-prong best interests test under N.J.S.A. 30:4C-15.1(a). David contends the judge erred ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- - 15.1(a) requires the Division prove by ... very thin' and 'pale' and had a healing rib fracture. N.J.S.A. 9:6-8.21 to -8.82. The Dodd Act ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C- A-0030-23 21 15.1(a). Based ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a0030-23
court:	appellate
decided:	2024-04-17
status:	Unpublished
citation:
Document Size:	74513

15 In the Matter of the New Jersey Firemen Association Obligation to Provide Relief Applications Under the Open Public Records Act -- rank: 854

... record request, the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right ... from instituting a proceeding under the Declaratory Judgment Act (DJA), N.J.S.A. 2A:16-50 to -62. The Court also decides whether ... declaratory judgment action was barred by section 6 of OPRA, N.J.S.A. 47:1A-6, which vests the right to institute proceedings ... or not further relief is or could be claimed,” N.J.S.A. 2A:16-52, the DJA provides all individuals and organizations ... present bona fide legal issues to the court for resolution, N.J.S.A. 2A:16-53. A declaratory judgment claim is ripe for ... records presumptively accessible to the public unless an exemption applies. N.J.S.A. 47:1A-1. OPRA’s twenty-one exemptions are ...

docket:	A-68-15
court:	NJ Supreme Court
decided:	2017-08-03
status:
citation:	230 N.J. 258 166 A.3d 1125
Document Size:	88448