Search Rutgers Law Library N.J. Court Opinions

31 James Dale v. Boy Scouts of America, and Monmouth Council, Boy Scouts of America -- rank: 802

... Court.     The issue in this appeal is whether New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, prohibits Boy Scouts of ... LAD prohibition applies, the Court also must determine whether BSA's First Amendment rights are thereby violated.     BSA is a federally ... eighty-seven million youths and adults have joined BSA. BSA's success in attracting members is attributable, in part, to its ... aggressive recruitment through national television, radio, and magazine campaigns. BSA's mission, as set forth in its Mission Statement, is “to ... them to make ethical choices over their lifetime....” Notwithstanding BSA's encouragement of its members' ethical development, BSA does not ...

docket:	a-195-97
court:	njsupreme
decided:	1999-08-04
status:
citation:	160 N.J. 562
Document Size:	245074

32 State v. Eugene Basil -- rank: 802

... of an out-of-court statement at trial violated defendant’s right of confrontation guaranteed by the Sixth Amendment to the ... unlawfully against a person or property of another, N.J.S.A. 2C:39-4(a), and third-degree knowingly possessing ... having first obtained a firearm purchaser identification card, N.J.S.A. 2C:39-5(c)(1). In a pre-trial ... about the report of the shotgun. Following the young woman’s statement and the discovery of the shotgun, defendant was placed ... question he was involved in activities related to his grandmother’s funeral and on that evening he had brought food to ... to him by Officer Ruocco. The court found Officer Ruocco’s credibility to be “excellent,” and concluded that ...

docket:	a-34-09
court:	NJ Supreme Court
decided:	2010-07-20
status:
citation:	202 N.J. 570 998 A.2d 472
Document Size:	236569

33 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 799

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5636-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	*CITE_PENDING*
Document Size:	69961

34 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 799

... both defendants were convicted of second degree robbery, N.J.S.A. 2C:20-3a. They both received extended term sentences ... leading to defendants' convictions and those related to the victim's testimony by way of videotape deposition. On Tuesday, October 12 ... daughter and son-in-law left shortly after placing War's plaid suitcase on her bed and her groceries and laundry ... two men who lived next door.     Ronald Cobilich, Ms. Cobilich's son, testified at trial. He testified that on October 12 ... the street and told him and his mother that War's house had just been robbed and asked that they call ... the street and entered the residence located next to War's home with a key. Approximately one minute later, Mr. ...

docket:	a5680-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	360 N.J. Super. 101
Document Size:	69985

35 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 789

... by the police in this case violated Michael O'Neill's state law privilege against self-incrimination. Luis Tenezaca, a Union ... Unit Detectives Luster and Bava, from the Hudson County Prosecutor's Office, arrived at the Harrison Police Department to question O ... first questioned O'Neill through the bars of the department's holding cell. Without giving O'Neill his Miranda rights, they ... 3 a.m. on April 26. Based on O'Neill's responses after twenty minutes of questioning, the detectives moved him from the holding cell to the patrol commander's office. There the interrogation continued -- without Miranda warnings having been ... further questioning, the detectives took O'Neill to the Prosecutor's Office, where he was placed in a holding cell. ...

docket:	a-79-06
court:
decided:	2007-12-20
status:
citation:	193 N.J. 148
Document Size:	175425

36 CSX TRANSPORTATION INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 789

... Southern) which opinion is published at 22 N.J. Tax 399 (Tax 2005). Michael A. Guariglia argued the cause for appellant ... The tax is based on a calculation of each railroad's New Jersey-derived net operating income as a percentage of ... net income the railroad derives operating world-wide. N.J.S.A. 54:29A-13 to -15. On cross-motions for ... Inc. v. Dir., Div. of Taxation , 22 N.J. Tax 399 , 421 (Tax 2005). To compute the percentage of each railroad's net income attributable to its operations in New Jersey, the Director multiplied a fraction against each railroad's nationwide net income. Id. at 405. As the numerator ...

docket:	a6102
court:	NJ Superior Court Appellate Division
decided:	2007-05-24
status:	published
citation:
Document Size:	68676

37 STATE OF NEW JERSEY v. MICHAEL A. O'NEILL -- rank: 789

... by the police in this case violated Michael O'Neill's state law privilege against self-incrimination. Luis Tenezaca, a Union ... Unit Detectives Luster and Bava, from the Hudson County Prosecutor's Office, arrived at the Harrison Police Department to question O ... first questioned O'Neill through the bars of the department's holding cell. Without giving O'Neill his Miranda rights, they ... 3 a.m. on April 26. Based on O'Neill's responses after twenty minutes of questioning, the detectives moved him from the holding cell to the patrol commander's office. There the interrogation continued -- without Miranda warnings having been ... further questioning, the detectives took O'Neill to the Prosecutor's Office, where he was placed in a holding cell. ...

docket:	a-79-06
court:	njsupreme
decided:	2007-12-20
status:
citation:	193 N.J. 148 936 A.2d 438
Document Size:	108848

38 Education Law Center v. New Jersey Department of Education -- rank: 786

... process" exemption in the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA), and under a ... ongoing litigation focused on funding for education to the State's poorest school districts. The State enacted a revised funding formula ... material. DOE also argued that the court incorrectly weighed DOE's interest in nondisclosure of the material, resulting in an improper ... is not "deliberative," and therefore does not qualify for OPRA's exemption of deliberative process material. The panel also ordered the document's release under the common law. The Supreme Court granted DOE's motion for leave to appeal. 194 N.J. 258 ( ...

docket:	a-100-07
court:
decided:	2009-03-26
status:
citation:	198 N.J. 274
Document Size:	136186

39 NORFOLK SOUTHERN CORPORATION v. DIRECTOR, DIVISION OF TAXATION -- rank: 783

... Southern) which opinion is published at 22 N.J. Tax 399 (Tax 2005). Michael A. Guariglia argued the cause for appellant ... The tax is based on a calculation of each railroad's New Jersey-derived net operating income as a percentage of ... net income the railroad derives operating world-wide. N.J.S.A. 54:29A-13 to -15. On cross-motions for ... Inc. v. Dir. , Div. of Taxation , 22 N.J. Tax 399 , 421 (Tax 2005). To compute the percentage of each railroad's net income attributable to its operations in New Jersey, the Director multiplied a fraction against each railroad's nationwide net income. Id. at 405. As the numerator ...

docket:	a6104-04
court:	njappellate
decided:	2007-05-24
status:	published
citation:	393 N.J. Super. 235
Document Size:	138014

40 State v. Richard Feaster -- rank: 783

... a foreign jury be impanelled from Salem County.     At Feaster's trial, the State presented the testimony of a circle of ... that he had "killed the guy" and "blew the dude's head off." Also, Feaster insisted on watching the 11:00 ... a robbery. Slightly less than $200 was taken from Donaghy's pocket after he was shot. Feaster presented ten mitigating factors ... a death sentence. HELD : Any error in the trial court's sequential presentation of own-conduct murder and accomplice-liability murder ... the circumstances presented here, however, any error in the court's sequential presentation of own-conduct murder and accomplice-liability murder ... harmless. Because only one individual pulled the trigger, the jury's finding that Feaster was the shooter necessarily reflected its ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

41 BRIAN HEYERT v. MENASSIE TADDESE -- rank: 780

... violated the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, by charging rent in ... a hardship rent increase. The landlords claimed that the municipality's rent control ordinance is unconstitutional and that the legal base ... of it. The landlords also assert error in the court's dismissal of their constitutional claims, its refusal to entertain their ... opportunities to those with low incomes. Buyers of the project's two-family homes received a down payment of $15,000 ... exchange for a twenty-year commitment to rent the home's upper unit to a Section 8 1 eligible family pursuant ... which time the rental units became subject to the City's Municipal Rent Control Ordinance. 2 Landlords Melaku and Taddese ( ...

docket:	a4801-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-25
status:	published
citation:	431 N.J.Super. 388 70 A.3d 680
Document Size:	128038

42 STATE OF NEW JERSEY v. MARSHA G. BERNARD, -- rank: 780

... G. Bernard (Richard Sparaco, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent in A-3811-15 ... argued the cause for respondent in A-4893-15 (Gurbir S. Grewal, Attorney General, attorney; Sarah Lichter, of counsel and on ... to distribute cocaine and financially facilitate criminal activity, N.J.S.A. 2C:5-2, N.J.S.A. 2C:21-25, and N.J.S.A. 2C:35-5; first-degree distribution of cocaine, N.J.S.A. 2C:35-5; and lesser-included second-degree ...

docket:	a3811-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-06
status:	Unpublished
citation:
Document Size:	96627

43 Education Law Center v. New Jersey Department of Education -- rank: 777

... process” exemption in the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA), and under a ... ongoing litigation focused on funding for education to the State’s poorest school districts. The State enacted a revised funding formula ... material. DOE also argued that the court incorrectly weighed DOE’s interest in nondisclosure of the material, resulting in an improper ... “deliberative,” and therefore does not qualify for OPRA’s exemption of deliberative process material. The panel also ordered the document’s release under the common law. The Supreme Court granted DOE’s motion for leave to appeal. 194 N.J. 258 ( ...

docket:	a-100-07
court:
decided:	2009-03-26
status:
citation:	198 N.J. 274
Document Size:	105538

44 State of New Jersey v. Fred Neulander -- rank: 777

... a capital murder trial that will result in a defendant's imminent retrial for capital murder, to prohibit representatives of the ... the jurors after the trial court declared a mistrial. Defendant's prosecution and trial on charges of murder, felony murder and ... placed under oath and examined by counsel. Following that day's proceedings, PNI filed an emergent motion seeking the court's consent to publication of news reports that might identify or ... 2001. On August 31, 2001, the trial court denied PNI's motion to vacate Paragraph 13, but amended paragraph 15 of ... the entry of a verdict. The Appellate Division denied PNI's motion for leave to appeal. The trial began in ...

docket:	a-67-01
court:	njsupreme
decided:	2002-07-18
status:
citation:	173 N.J. 193
Document Size:	126864

45 Jersey v. James R. Denelsbeck -- rank: 777

... subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped ... he was arrested. An Alcotest machine later indicated that defendant’s blood alcohol content was .12 percent. Defendant was issued a ... seek more than 180 days’ incarceration. The court denied defendant’s request, and, after a bench trial, found him guilty of ... failure to observe a traffic signal. In light of defendant’s prior convictions, he was sentenced, on the DWI conviction, to ... day jail term, as well as a ten-year driver’s license suspension followed by two years of using an ignition ... jury trial. The Appellate Division affirmed. Relying on this Court’s decision in State v. Hamm , 121 N.J. 109 ( ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
status:
citation:
Document Size:	212208