Search Rutgers Law Library N.J. Court Opinions

1 State v. Noel E. Ferguson -- rank: 1000

... to prosecute the three defendants under its strict-liability statute, N.J.S.A. 2C:35-9, for Cabral’s drug-induced death in New York. The ... in violation of the strict-liability drug-induced death statute, N.J.S.A. 2C:35-9. Each defendant moved separately to dismiss the strict-liability drug ... of the victim) -- the necessary elements for a conviction under N.J.S.A. 2C:35-9 and for territorial jurisdiction under N.J.S.A. 2C ... induced death because the necessary conduct for a prosecution under N.J.S.A. 2C:35-9 and for territorial jurisdiction -- the distribution of heroin -- occurred in ... 16) 2. Ferguson, Potts, and Byrd were charged with violating N.J.S.A. 2C:35-9, the drug- induced death statute. The elements required to prove ... sold to Cabral -- the heroin Cabral ingested causing his death. N.J.S.A. 2C:35-9 does not require that a defendant distribute drugs directly ...

docket:	a-8-9-18
court:	NJ Supreme Court
decided:	2019-05-20
status:
citation:
Document Size:	72902

2 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 959

... Maldonado was prosecuted for various offenses including a violation of N.J.S.A. 2C:35-9 is constitutional in all respects. In addition, a conviction under N.J.S.A. 2C:35-9. A defendant convicted of distribution or manufacturing is subject to ... dependent on another's conduct to make the conviction unjust.      N.J.S.A. 2C:35-9 (section 9) reads as follows:          a. Any person who manufactures ... CDS that caused the victim's death. See footnote 8 N.J.S.A. 2C:35-9. The school zone statute prohibits the merger of that offense ... someone died while the school zone offense does not. Compare N.J.S.A. 2C:35-9. Nor do they involve conspiracy, inconsistent factual findings, or a ... S.A. 2C:35-7, and the drug death statute, N.J.S.A. 2C:35-9, be merged. B.      Merger of Convictions Under N.J. ...

docket:	a-25-92
court:	njsupreme
decided:	1994-08-01
status:
citation:	137 N.J. 536
Document Size:	105572

3 STATE OF NEW JERSEY v. CHRISTOPHER R. SMALL -- rank: 760

... death, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-9(a), (counts one and two); third-degree distribution of fentanyl ... the faulty instruction lowered the State's burden of proof. N.J.S.A. 2C:35-9(a) provides: Any person who manufactures, distributes or dispenses . . . any ... to establish culpability. A defendant may be found guilty under N.J.S.A. 2C:35-9 even if he 'has absolutely no idea that [death] may ... Model Jury Charges (Criminal), 'Strict Liability for Drug[-]Induced Deaths (N.J.S.A. 2C:35-9)' (approved Sept. 1997). [Id. at 95-96.] The trial judge ... Model Jury Charges (Criminal), 'Strict Liability for Drug-Induced Deaths (N.J.S.A. 2C:35-9)' (approved Sept. 1997). Unfortunately, the modified charge the court improvised ... engaging in distribution. And since distribution is an element of N.J.S.A. 2C:35- 9, Verity maintains his conviction for that offense should be ...

docket:	a2255-19
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:	Unpublished
citation:
Document Size:	110991

4 STATE OF NEW JERSEY v. APPELLATE DIVISION MATTHEW DIAZ -- rank: 731

... and ongoing prosecution for strict liability for drug-induced death, N.J.S.A. 2C:35-9, following a fatal heroin overdose. By leave granted, the State ... analog] in violation of N.J.S. 2C:35-5 . . . .' N.J.S.A. 2C:35-9. 15 We note that by waiting to arrest defendant until ... to apply for a complaint-warrant charging a violation of N.J.S.A. 2C:35-9. See infra note 19 (explaining that an assistant prosecutor or ... a heroin overdose may well be needed to prove the N.J.S.A. 2C:35-9 offense at trial beyond a 18 We note that in ... probable cause to believe that defendant committed a violation of N.J.S.A. 2C:35-9. A-3764-20 41 reasonable doubt, in these circumstances, and ... did not have probable cause to arrest for violation of N.J.S.A. 2C:35-9. For one thing, the trial court's statement from ...

docket:	a3764-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Published
citation:
Document Size:	91644

5 /usr/local/share/www/libweb/collections/courts/appellate/a2893-17a2894-17.opn.html -- rank: 726

... New York man from a heroin overdose. In New Jersey, N.J.S.A. 2C:35- 9(a) provides that '[a]ny person who manufactures, distributes or ... s death, Byrd's conduct fell within the purview of N.J.S.A. 2C:35-9(a). Pursuant to leave granted, the State appeals the orders ... indictment, he was not charged in count fourteen with violating N.J.S.A. 2C:35-9(a) and he is not part of the present appeal ... degree strict liability for drug-induced death in violation of N.J.S.A. 2C:35-9. Specifically, count fourteen alleges that defendants distributed heroin, and that ... Jersey, they did not actually distribute it here, which conduct N.J.S.A. 2C:35-9 renders unlawful when a death results. The judge concluded: 'Because ... the charge of strict liability [for] drug induced death under [N.J.S.A.] 2C:35-9 as to defendants Ferguson and Potts must fail.' The ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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6 STATE OF NEW JERSEY VS. JESSICA S. MATRONGOLO -- rank: 724

... Manual until 2019. In the intervening years, the Legislature amended N.J.S.A. 2C:35- - 9 Because it is undisputed Jessica was not subject to a ...

docket:	a1098-23
court:	appellate
decided:	2024-07-01
status:	Published
citation:
Document Size:	40992

7 State v .Lewis B.Morrison -- rank: 666

... 5, and drug-induced death on the basis of distribution, N.J.S.A. 2C:35-9, both require proof of an act of distribution. The key ... degree strict liability for drug-induced death, in violation of N.J.S.A. 2C:35-9 (count one); second-degree reckless manslaughter, in violation of N ... the basis of the alleged heroin distribution, in violation of N.J.S.A. 2C:35-9. Both crimes require proof of an act of drug distribution ... from the injection, inhalation or ingestion of that substance.” N.J.S.A. 2C:35-9(a). The key issue here is whether defendant distributed the ... causes a person’s drug-induced death is twenty years, N.J.S.A. 2C:35-9(a) and 2C:43-6(a)(1), the maximum term ... degree strict liability for drug-induced death, in violation of N.J.S.A. 2C:35-9; second-degree reckless manslaughter, in violation of N.J. ...

docket:	a-81-05
court:
decided:	2006-07-26
status:
citation:	*CITE_PENDING*
Document Size:	84810

8 STATE OF NEW JERSEY VS. TRAVIS M. FLOOD -- rank: 635

... or [f]entanyl' in Middlesex County on August 22, 2018, N.J.S.A. 2C:35-9 (count three); second- degree possession of cocaine with intent to ...

docket:	a2841-22
court:	appellate
decided:	2024-05-14
status:	Unpublished
citation:
Document Size:	54641

9 STATE OF NEW JERSEY VS. SHANNON A. MCGUIGAN -- rank: 625

... a first-degree drug-induced death crime, in violation of N.J.S.A. 2C:35-9(a), along with other drug-related crimes. Defendant appeals from ... 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 ...

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

10 STATE OF NEW JERSEY v. JONATHAN WEATHERS -- rank: 589

... suspected of first-degree strict liability for drug-induced death, N.J.S.A. 2C:35-9, due to his sale of heroin to a woman who ...

docket:	a2566-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-25
status:	Unpublished
citation:
Document Size:	91433

11 STATE OF NEW JERSEY v. DARYL C. PARKER, -- rank: 575

... 2C:35-7, and for a drug death conviction under N.J.S.A. 2C:35-9, did not violate double jeopardy because "[n]either legislative intent ...

docket:	A2217-98
court:	NJ Superior Court Appellate Division
decided:	2000-12-06
status:	published
citation:	335 N.J. Super. 415
Document Size:	30685

12 /usr/local/share/www/libweb/collections/courts/appellate/a2744-19.opn.html -- rank: 575

... first-degree strict liability drug-induced death of Richard Froman, N.J.S.A. 2C:35-9 (count seven); third-degree possession of a CDS (Xanax), N ...

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13 STATEOF NEW JERSEY v. MEGAN PLANK -- rank: 573

... of first-degree strict liability for causing drug-induced death. N.J.S.A. 2C:35-9(a). However, we affirm her conviction of third- degree distribution ... drug overdose case raises the specter of a violation of N.J.S.A. 2C:35-9. The medical examiner was required to perform an autopsy because ...

docket:	a1244-13
court:	NJ Superior Court Appellate Division
decided:	2018-02-28
status:	unpublished
citation:
Document Size:	80421

14 /usr/local/share/www/libweb/collections/courts/appellate/a4572-17.opn.html -- rank: 573

... guilty of first-degree strict liability for drug- induced death, N.J.S.A. 2C:35-9(a); third-degree possession of a controlled dangerous substance (CDS ... charge of first-degree strict liability for drug-induced death, N.J.S.A. 2C:35-9(a), which the judge denied utilizing the State v. Reyes ... warrant a conviction for strict liability for drug-induced death. N.J.S.A. 2C: 35-9(a) provides: Any person who manufactures, distributes or dispenses methamphetamine ...

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15 /usr/local/share/www/libweb/collections/courts/appellate/a5386-17.opn.html -- rank: 553

... defendant with strict liability for drug-induced death, contrary to N.J.S.A. 2C:35-9(a) (count one); and distribution of CDS or possession with ...

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