Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. JOHN JACOBUS, -- rank: 1000

... This case requires that we determine whether the savings statute, N.J.S.A. 1:1-15, permits the prosecution of defendant John Jacobus, who was sentenced ... did not argue in Hester that, under the savings statute, N.J.S.A. 1:1-15, the fourth-degree offense that existed under N.J.S ... when defendant was sentenced in 2002 to CSL. Relying on N.J.S.A. 1:1-15, the State argued the fourth-degree crime extant under N ... Defendant contends the court erred by finding the savings statute, N.J.S.A. 1:1-15, permits his prosecution for the fourth-degree offense proscribed by ... review is whether the motion court correctly determined that under N.J.S.A. 1:1-15, the fourth-degree offense for violating the conditions of CSL ... of D.J.B., 216 N.J. 433, 440 (2014)). N.J.S.A. 1:1-15 provides: No offense committed, and no liability, penalty or ...

docket:	a1069-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-11
status:	Published
citation:
Document Size:	37063

2 STATE IN THE INTEREST OF J.F A Juvenile -- rank: 952

... enacted prior to the imposition of the penalty. Pursuant to N.J.S.A. 1:1-15: No offense committed, and no liability, penalty or forfeiture, either ... 188 (2016) (second, third, and fourth alterations in original) (quoting N.J.S.A. 1:1-15). The statute contains an important distinction, noting that "'offense[s ... and 'penalt[ies]' are 'incurred.'" Ibid. (alterations in original) (quoting N.J.S.A. 1:1-15). In evaluating retroactive application, we consider the "date an offense ... on adherence to the prior waiver statute. As stated in N.J.S.A. 1:1-15: [W]hen the Revised Statutes, or other act by which ...

docket:	a0392-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	446 N.J.Super. 39 140 A.3d 564
Document Size:	69654

3 State of New Jersey in the Interest of N.H. -- rank: 920

... appeal, would be controlled by the revised waiver statute. See N.J.S.A. 1:1-15. To be clear, because of the similarity of the parts ...

docket:	A-4-15
court:	NJ Supreme Court
decided:	2016-08-10
status:
citation:
Document Size:	90167

4 APPROVED FOR PUBLICATION APPELLATE DIVISION STATE OF NEW JERSEY IN THE INTEREST OF C.F A Juvenile February 8, 2016 -- rank: 857

... committed or incurred shall be thereby discharged, released or affected. [ N.J.S.A. 1:1-15.] On its surface, this savings statute does not clearly reveal ... law, but it contains different triggering events for different occurrences. N.J.S.A. 1:1-15. By the statute's own terms, "offense[s]" are "committed ... alteration of the statute under which such . . . penalty . . . was incurred ." N.J.S.A. 1:1-15 (emphasis added). In reading the statute this way, as we ... 2002) is not inconsistent with our holding. Without reference to N.J.S.A. 1:1-15, the Court held that a version of the No Early ... of the death penalty for juvenile offenders, without reference to N.J.S.A. 1:1-15, even though the offense occurred before the legislative action because ...

docket:	a2718-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-08
status:	published
citation:	444 N.J.Super. 179 132 A.3d 426
Document Size:	42789

5 /usr/local/share/www/libweb/collections/courts/supreme/a-17-21.opn.html -- rank: 846

... laws governs this appeal. He asserts that the Savings Statute, N.J.S.A. 1:1-15, is irrelevant to the retroactivity issue presented in this appeal ... is unrebutted in this appeal, and that the Savings Statute, N.J.S.A. 1:1-15, precludes retroactive application of N.J.S.A. 2C:44 ...

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court:	New Jersey Supreme Court
decided:
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citation:
Document Size:	50941

6 STATE OF NEW JERSEY v. JOHN B. CHAMBERS -- rank: 833

... court before the amendment's effective date. We conclude that N.J.S.A. 1:1-15, which establishes a general prohibition against retroactive application of penal ... s license suspension. The State's primary argument is that N.J.S.A. 1:1-15 precludes the retroactive application of the 2004 amendment to 270 ... of the amendment to See footnote 5 Therefore, we reverse.      N.J.S.A. 1:1-15 provides in pertinent part: No offense committed, and no liability ... shall be thereby discharged, released or affected [.] [Emphasis added.] Thus, N.J.S.A. 1:1-15 expressly prohibits the retroactive application of a statutory amendment reducing ... apply retroactively.     Although some decisions by our courts have cited N.J.S.A. 1:1-15 in denying retroactive application of statutory amendments that repealed or ... decision in this State that has discussed the background of N.J.S.A. 1:1-15 or the precise circumstances that trigger its application. However, ...

docket:	a6987-03
court:	njappellate
decided:	2005-05-13
status:	published
citation:	377 N.J. Super. 365
Document Size:	31783

7 STATE OF NEW JERSEY v. CARLOS D. CRUZ-MALLQUI -- rank: 804

... To A Remand Under The Provisions Of The Savings Statute, N.J.S.A. 1:1-15, Because The Amendment: Pertained To A Mode Of Procedure, The ... pipeline retroactivity under the 'second part of the savings statute,' N.J.S.A. 1:1-15, because, among other things, the amendment concerns a 'mode of ... the provisions of the Revised Statutes or such subsequent act. [N.J.S.A. 1:1-15.] Thus, this section of the savings statute addresses amendments that ...

docket:	a3207-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-12
status:	Unpublished
citation:
Document Size:	50000

8 STATE OF NEW JERSEY v. ERIC PATTERSON -- rank: 801

... TO A REMAND UNDER THE PROVISIONS OF THE SAVINGS STATUTE, N.J.S.A. 1:1-15, BECAUSE THE AMENDMENT: PERTAINED TO A MODE OF PROCEDURE, THE ...

docket:	a1875-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-13
status:	Unpublished
citation:
Document Size:	40482

9 /usr/local/share/www/libweb/collections/courts/appellate/a4587-17.opn.html -- rank: 796

... Ameliorative; For Either of Two Separate Reasons, the 'Savings Statute,' N.J.S.A. 1:1-15, Mandates Retroactive Application of the 15-Plus Waiver Rule to ... to adult court, thus entitling it to retroactive application under N.J.S.A. 1:1-15 (the Savings Statute). He also claims that it would be ...

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court:
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citation:
Document Size:	43305

10 STATE OF NEW JERSEY IN THE INTEREST OF J.D. -- rank: 769

... in J.V., other case law, and the Savings Clause, N.J.S.A. 1:1-15. A-0548-20 6 In reviewing a juvenile waiver decision ... relate to mere matters of practice or mode of procedure.' N.J.S.A. 1:1-15. The language of the Savings Clause explains that procedural changes ...

docket:	a0548-20
court:	NJ Superior Court Appellate Division
decided:	2020-05-05
status:	Published
citation:
Document Size:	34646

11 STATE OF NEW JERSEY v. LATONIA E. BELLAMY -- rank: 767

... unless the Legislature expresses a clear intent to the contrary. N.J.S.A. 1:1-15; State v. J.V., 242 N.J. 432, 443 (2020 ... the provisions of the Revised Statutes or such subsequent act. [N.J.S.A. 1:1-15.] In State in Interest of C.F., C.F. was ... of retroactivity and the concomitant effect of the Savings Clause (N.J.S.A. 1:1-15) were wide of the mark. Plainly, this case does not ...

docket:	a0502-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-17
status:	Published
citation:
Document Size:	49121

12 STATE OF NEW JERSEY v. FRANCIS STINE -- rank: 764

... Kostev , 396 N.J. Super. 389 , 391 (App. Div.) (citing N.J.S.A. 1:1-15; State v. Chambers , 377 N.J. Super. 365 , 372 (App ...

docket:	a4637-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	43389

13 /usr/local/share/www/libweb/collections/courts/appellate/a-17-21.opn.html -- rank: 753

... laws governs this appeal. He asserts that the Savings Statute, N.J.S.A. 1:1-15, is irrelevant to the retroactivity issue presented in this appeal ... is unrebutted in this appeal, and that the Savings Statute, N.J.S.A. 1:1-15, precludes retroactive application of N.J.S.A. 2C:44 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	51048

14 STATE OF NEW JERSEY v. DYQUISE V. LEONARD -- rank: 748

... is a 'mode of procedure' under the general savings clause, N.J.S.A. 1:1-15, and its ameliorative nature warrants application of the amended statute ... to a Remand Under the Provisions of the Savings Statute, N.J.S.A. 1:1-15, Because the Amendment Pertained to a Mode of A-3367 ... the provisions of the Revised Statutes or such subsequent act. [ N.J.S.A. 1:1-15 (emphasis added)]. As we explained in State v. Rose, 'new ... s argument regarding the 'practicable' application of the amended statute. N.J.S.A. 1:1-15. We note, however, that to retroactively apply the new mitigating ...

docket:	a3367-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	37772

15 STATE OF NEW JERSEY v. DORIAN J. ROBERTS -- rank: 732

... N.J. Super. 365, 367 (App. Div. 2005); see also N.J.S.A. 1:1-15. Our Supreme Court has recognized three exceptions to the presumption ...

docket:	a0270-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-01
status:	Unpublished
citation:
Document Size:	21228