Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. J.M. -- rank: 1000

... 9 owed [to] her under the CVBR and VRA.' See N.J.S.A. 52:4B-36(a); N.J. Const. art. I, ¶ 22.2 'Standing ... Pertinent to this appeal, the Legislature added paragraph (r) to N.J.S.A. 52:4B-36, affording crime victims the right: To appear in any court ... to file a motion to enforce those rights'). In essence, N.J.S.A. 52:4B-36(r) confers standing to enforce the procedural rights granted under the VRA and the remaining seventeen paragraphs of N.J.S.A. 52:4B-36. [Lavrik, 472 N.J. Super. at 206-07 (first, second ... discussing history of VRA). Among the remaining seventeen paragraphs of N.J.S.A. 52:4B-36, other pertinent provisions afford crime victims and witnesses the following ... victim may be kept adequately informed. It is clear that N.J.S.A. 52:4B-36(r) expressly confers standing on victims to enforce the ...

docket:	a2984-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	36120

2 State v. Oscar Ramirez -- rank: 873

... Legislature enacted the Crime Victim’s Bill of Rights (CVBR), N.J.S.A. 52:4B-36. That statute provides in relevant part: The Legislature finds and ... the criminal justice process minimized to the fullest extent possible . . . . [ N.J.S.A. 52:4B-36 (emphases added).] Since its initial passage in 1985, the CVBR ... the defendant or anyone acting on the defendant’s behalf. N.J.S.A. 52:4B-36(c). • Under the Victims’ Rights Amendment, the victim has ... The defense may not harass the victim. See, e.g., N.J.S.A. 52:4B-36(c). And the victim always retains the right under N ...

docket:	a-1-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:
citation:
Document Size:	88136

3 STATE OF NEW JERSEY v. ANDREW N. LAVRIK -- rank: 866

... Pertinent to this appeal, the Legislature added paragraph (r) to N.J.S.A. 52:4B-36, affording crime victims the right: To appear in any court ... to file a motion to enforce those rights'). In essence, N.J.S.A. 52:4B-36(r) confers standing to enforce the procedural rights granted under the VRA and the remaining seventeen paragraphs of N.J.S.A. 52:4B-36. A-1540-20 15 In pertinent part, N.J.S.A. 52:4B-36 affords crime victims and witnesses the following rights: (a) To ... motion and in doing so, determined she had standing under N.J.S.A. 52:4B-36(r) of the CVBR, and the VRA's mandate that ... As the Attorney General correctly asserts, although paragraph (o) of N.J.S.A. 52:4B-36 recognizes the victim's right to be consulted about ...

docket:	a1540-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Published
citation:
Document Size:	60796

4 State v. Terrell M. Chambers -- rank: 828

... with dignity and compassion by the criminal justice system,” N.J.S.A. 52:4B-36(a); remaining “free from intimidation, harassment or abuse by ... by any person including the defendant or [his attorney].” N.J.S.A. 52:4B-36(c). But, as the parties here recognize, a victim’s ... t]o be informed about the criminal justice process,” N.J.S.A. 52:4B-36(b); “[t]o be informed about available remedies,� ... adequately informed.” Ibid. Considering the rights to communication that N.J.S.A. 52:4B-36 creates vis-à- vis the prosecutor’s office, a sexual ...

docket:	a-35-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-23
status:
citation:
Document Size:	79359

5 STATE OF NEW JERSEY v. DAMIEN EDWARDS -- rank: 757

... sentencing. Defendant raises the following issues on appeal. POINT I N.J.S.A. 52:4B-36.1(B), WHICH ALLOWS PICTURES OF THE DECEDENT TO BE ... RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY. A. N.J.S.A. 52:4B-36.1(b) is unconstitutional. B. The display of the decedent� ... In Loving Memory, Justin, 1983-2018.' The buttons complied with N.J.S.A. 52:4B-36.1(b),1 which provides: A victim's survivor may ... but are not present here. As a matter of constitutionality, N.J.S.A. 52:4B-36.1(b) leaves the decision to admit buttons within trial ...

docket:	a2600-19
court:	NJ Superior Court Appellate Division
decided:	2023-02-07
status:	Unpublished
citation:
Document Size:	50278

6 STATE OF NEW JERSEY v. JAQUIL JOHNSON -- rank: 743

... presentation of the victim' that was 'taken before the homicide[.]' N.J.S.A. 52:4B-36.1(a).4 The Legislature extended this right, in a ... less than [thirty] days prior to the final trial date. [N.J.S.A. 52:4B-36.1(b).] Defendant argues the statute obviously does not permit ... guarantees of a fair 5 No published case has addressed N.J.S.A. 52:4B-36.1(b). A-5290-17T1 10 trial.' (citations omitted)); State ... sure, in the future, trial judges should acquaint themselves with N.J.S.A. 52:4B-36.1(b). We do not necessarily conclude that the statute ...

docket:	a5290-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	54444

7 State v. John J. Lawless, Jr. -- rank: 733

... by arguing that the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-36, is designed to allow a family member to speak as ... S.A. 52:4B-37, defining victim for purposes of N.J.S.A. 52:4B-36, expands the traditional definition of a crime victim. He urges ... the victim or witness in the criminal justice process[.]” N.J.S.A. 52:4B-36. This archive is a service of Rutgers School of Law ...

docket:	A-89-11
court:	NJ Supreme Court
decided:	2013-07-22
status:
citation:
Document Size:	82974

8 State v. Giuseppe Tedesco -- rank: 722

... details various rights that crime victims and witnesses possess, see N.J.S.A. 52:4B-36, and grants victims standing to file a motion to enforce ...

docket:	A-50-12
court:	NJ Supreme Court
decided:	2013-06-24
status:
citation:	214 N.J. 177 69 A.3d 103
Document Size:	113086

9 State in the Interest of A.B. -- rank: 715

... by any person including the defendant or [his attorney],” N.J.S.A. 52:4B-36(c). But the rights of the accused and alleged victims ... in violation of the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-36(c). On interlocutory review, the Appellate Division upheld the inspection ... by any person including the defendant or [his attorney],” N.J.S.A. 52:4B-36(c). But the rights of the accused and alleged victims ... t]o be free from intimidation, harassment or abuse.” N.J.S.A. 52:4B-36(c). Any discovery request that has as its objective causing ...

docket:	A-74-12
court:	NJ Supreme Court
decided:	2014-09-24
status:
citation:	219 N.J. 542 99 A.3d 782
Document Size:	83662

10 JANE DOE v. RICHARD BURKE -- rank: 694

... that person.' N.J.S.A. 52:4B-37. In N.J.S.A. 52:4B-36, the Legislature found and declared that crime victims and witnesses ...

docket:	a4920-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Unpublished
citation:
Document Size:	60018

11 STATE OF NEW JERSEY v. BRANDON KANE -- rank: 687

... with respect to the specific discovery sought and its purpose"); N.J.S.A. 52:4B-36(c) (crime victims shall be "free from intimidation, harassment or ... proceeding implicating the rights of the victim is being held." N.J.S.A. 52:4B-36(r). This included, in our view, the right to appear ... an adjudicative decision by the court on any such motion. [ N.J.S.A. 52:4B-36(r).] Although the provision grants a victim standing to affirmatively ... as a means to harass or embarrass a victim. See N.J.S.A. 52:4B-36(c). 9 We note that the appellate panel in Velazquez ...

docket:	a2739-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	published
citation:	449 N.J.Super. 119 155 A.3d 612
Document Size:	60481

12 State v. Oscar Lopez-Carrera -- rank: 673

... the right to participate in the criminal justice process. See N.J.S.A. 52:4B-36; see also State v. Blackmon, 202 N.J. 283, 298 ...

docket:	a-8-9-20
court:	NJ Supreme Court
decided:	2021-03-30
status:
citation:
Document Size:	111694

13 STATE OF NEW JERSEY v. ROSKILDE GOMEZ -- rank: 666

... treated "with dignity and compassion" by the criminal justice system, N.J.S.A. 52:4B-36(a), the right to participate in criminal prosecutions free of "intimidation, harassment or abuse," N.J.S.A. 52:4B-36(c), and the right to have "inconveniences . . . minimized to the fullest extent possible," N.J.S.A. 52:4B-36(d). Cf. State v. Timmendequas , 161 N.J. 515 , 555 ...

docket:	a5103-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	published
citation:	430 N.J.Super. 175 62 A.3d 933
Document Size:	42105

14 State v. Rasheed Mahammad -- rank: 663

... statements in non-capital cases directly to the sentencing court. N.J.S.A. 52:4B-36. ����Finally, on November 5, 1991, the New Jersey electorate overwhelmingly ...

docket:	a-138-95
court:	njsupreme
decided:	1996-06-28
status:
citation:	145 N.J. 23
Document Size:	180700

15 STATE OF NEW JERSEY v. VICTORIA STRATOS -- rank: 649

... the Church of Stratos's sentencing date as required by N.J.S.A. 52:4B-36. The Church appeals from an order denying its motion for ... denied the rights granted to it as a victim under N.J.S.A. 52:4B-36, and that, as a result, the matter should be remanded ... to the sentencing court concerning the impact of the crime." N.J.S.A. 52:4B-36(b), (k), and (n); State v. Means , 191 N.J ... criminal proceeding. Although the Church was denied statutory rights under N.J.S.A. 52:4B-36, the relief it sought here would have constituted a substantial ...

docket:	a4487-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	13215