Search Rutgers Law Library N.J. Court Opinions

1 State v. Rashaun Bell -- rank: 1000

... S.A. 2C:11-5, or strict liability vehicular homicide, N.J.S.A. 2C:11-5.3 -- and expressly requires a court to impose a sentence for ... A. 2C:11-5, or strict liability vehicular homicide under N.J.S.A. 2C:11-5.3. The Appellate Division thereafter: (1) reversed one of defendant’s ... 5 or strict liability vehicular homicide under the provisions of [N.J.S.A. 2C:11-5.3]. Notwithstanding the provisions of N.J.S.A. 2C:1 ...

docket:	a-75-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
citation:
Document Size:	83483

2 State v. Michelle Lodzinski -- rank: 941

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest ...

docket:	a-50-19
court:	NJ Supreme Court
decided:	2021-05-26
status:
citation:
Document Size:	166357

3 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 806

... strict liability vehicular homicide as specified in section 1 of [N.J.S.A. 2C:11-5.3]; [ N.J.S.A.] 2C:13-1 (Kidnapping); section 1 ...

docket:	a1730-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
citation:
Document Size:	72419

4 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF H.M.S -- rank: 769

... vehicular homicide in the Criminal Homicide section of the Code, N.J.S.A. 2C:11-5.3, and then, N.J.S.A. 2C:52-2(b ...

docket:	a3493-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	20118

5 STATE OF NEW JERSEY v. RASHAUN BELL -- rank: 766

... A. 2C:11-5, or strict liability vehicular homicide under N.J.S.A. 2C:11-5.3. I. The parties do not dispute the proofs presented by ...

docket:	a1971-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-06
status:	Unpublished
citation:
Document Size:	35036

6 STATE OF NEW JERSEY v. KEITH R. BUCKLEY -- rank: 761

... homicide . . . caused by driving a vehicle or vessel recklessly.” N.J.S.A. 2C:11-5. 3 The Court concluded that the decision to terminate life support ...

docket:	a2973-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-19
status:	unpublished
citation:
Document Size:	36163

7 STATE OF NEW JERSEY v. EDWARD M. PLAZA -- rank: 745

... newly enacted statute of third- degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3, as a lesser- included offense. The new statute, which became ... INCLUDED OFFENSE TO SECOND-DEGREE RECKLESS VEHICULAR HOMICIDE. BECAUSE CHARGING N.J.S.A. 2C:11- 5.3 AS A LESSER-INCLUDED OFFENSE WOULD NOT HAVE RESULTED IN ... Div. 2016) (emphasis in original). Here, the plain language of N.J.S.A. 2C:11-5.3 is unambiguous. It became effective July 21, 2017, more than ... behind the new statute: One of the policy objectives of N.J.S.A. 2C:11-5.3 was to prevent situations where a defendant's act of ... Title 39 municipal offense, carrying minimum county jail time. Under N.J.S.A. 2C:11- 5.3(b), the conduct is elevated from a municipal summons to ... strict liability offense, because there is no mens rea requirement. N.J.S.A. 2C:11-5.3. The State need only prove that defendant was driving ...

docket:	a2042-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-19
status:	Unpublished
citation:
Document Size:	25100

8 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 716

... a guilty plea to third-degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3(a). We affirm. The underlying facts are as follows: At ... appeal. Id. at 209. We concluded the judge erred because N.J.S.A. 2C:11-5.3(d) precludes 'a defendant from presenting evidence of the victim ... the motion, noting he 'specifically went through the factors' of N.J.S.A. 2C:11-5.3(a) and did not rely on any of the statute ... of 0.08% or more from operating a motor vehicle. N.J.S.A. 2C:11-5.3 states: a. Criminal homicide constitutes strict liability vehicular homicide when ... acknowledged the Legislature removed the presumption of non- incarceration from N.J.S.A. 2C:11-5.3. 'When the presumption [of non- incarceration] does not apply, the ... discretion. V. Defendant argues the lack of sentencing guidelines in N.J.S.A. 2C:11- 5.3(a) violates due process and creates disparate sentencing. He ...

docket:	a0664-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	29623

9 STATE OF NEW JERSEY v. EDWARD M. PLAZA -- rank: 692

... lesser included offense of third-degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3. N.J.S.A. 2C:11-5.3 became effective on July 21, 2017, more than a year ... my client the issue of ex post facto law and [N.J.S.A. 2C:11-5.3]. THE COURT: Yes. DEFENSE COUNSEL: —and this motion prior ... claimed Judge Daniel erred in denying his motion to have N.J.S.A. 2C:11-5.3 charged as a lesser included offense. Defendant argued there was ... her death, could have been substituted, albeit belatedly, by applying N.J.S.A. 2C:11-5.3, the third-degree strict liability statute.' Defendant asks us to ... protections it provides defendant, and why a jury charge on N.J.S.A. 2C:11-5.3 required defendant's voluntary waiver. The trial judge noted ...

docket:	a3679-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-26
status:	Unpublished
citation:
Document Size:	30569

10 STATE OF NEW JERSEY v. AMY L. AMKHANITSKY -- rank: 649

... way of accusation with third-degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3(a). Defendant was later indicted for first-degree aggravated manslaughter ... come to grips with what [she] did.' She 3 Under N.J.S.A. 2C:11-5.3(b), the presumption of non-imprisonment set forth in N ...

docket:	a2557-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-23
status:	Unpublished
citation:
Document Size:	37086

11 STATE OF NEW JERSEY v. JASON W. VANDEREE -- rank: 602

... a); three counts of third-degree strict liability vehicular homicide, N.J.S.A. 2C:11- 5.3(a); two counts of fourth-degree assault by auto, N ...

docket:	a2329-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Published
citation:
Document Size:	52154

12 /usr/local/share/www/libweb/collections/courts/appellate/a3288-18.opn.html -- rank: 541

... S. 2C:11-4, N.J.S. 2C:11-5, . . . [N.J.S.A.] 2C:11-5.3[] or . . . [N.J.S.A.] 2C:11-5.1[] or ...

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Document Size:	25419