Search Rutgers Law Library N.J. Court Opinions

31 State v. William L. Witt -- rank: 842

... a convicted person. The police initiated a stop of defendant’s car because he did not dim his high beams when ... unreasonable search in violation of the New Jersey Constitution. Defendant’s sole argument was that the police did not have exigent ... back of a patrol car. While Officer Racite searched defendant’s vehicle for “intoxicants,” he found a handgun in ... as follows: the officer had a right to stop defendant’s car based on an “unexpected” occurrence and had probable ... court suppressed the handgun. The Appellate Division granted the State’s motion for leave to appeal and affirmed the suppression of ... App. Div. 2014). The panel declined to address the State’s argument that the exigent-circumstances test in Pena-Flores ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

32 In re: Contest of November 8, 2011 General Election of Office of the New Jersey General Assembly, Fourth Legislative District -- rank: 842

... Attorney General and Secretary of State from enforcing the provision’s one-year durational residency requirement for eligibility for General Assembly ... the November 2011 election, but she did not litigate Mosquera’s compliance with the residency requirement at that time because she ... candidates who received the most votes for the Fourth District’s two Assembly seats, 21,086 and 19,907, respectively. Lovett ... Lovett filed an election challenge petition pursuant to N.J.S.A. 19:29-1 to -14, alleging that Mosquera was ... 5, 2012, the trial court issued an order annulling Mosquera’s certificate of election, setting aside the November 8, 2011 election ... test, held that the residency requirement was constitutional, rejected Mosquera’s claim that the challenge was barred by the doctrine ...

docket:	A-58-11
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:	210 N.J. 29 40 A.3d 684
Document Size:	328871

33 Burgosv. State of New Jersey -- rank: 838

... enforceable contract that is entitled to constitutional protection. The State’s public pension systems are defined-benefit plans, which guarantee participants ... amount of benefits payable upon retirement based on the participant’s salary and time spent in the pension system. The benefits ... added language explicitly declaring that each member of the State’s pension systems “shall have a contractual right to the ... proposed budget, which also included funding to satisfy the State’s required payment (i.e., 4/7 of the ARC). On ... The next day, citing new information that placed the State’s projected revenue at less than previous projections, the State Treasurer ... then-imminently concluding FY14, the Law Division upheld the Governor’s determination not to make the required FY14 ARC payment, ...

docket:	A-55-04
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:
Document Size:	384416

34 Burgos v. State of New Jersey -- rank: 838

... enforceable contract that is entitled to constitutional protection. The State’s public pension systems are defined-benefit plans, which guarantee participants ... amount of benefits payable upon retirement based on the participant’s salary and time spent in the pension system. The benefits ... added language explicitly declaring that each member of the State’s pension systems “shall have a contractual right to the ... proposed budget, which also included funding to satisfy the State’s required payment (i.e., 4/7 of the ARC). On ... The next day, citing new information that placed the State’s projected revenue at less than previous projections, the State Treasurer ... then-imminently concluding FY14, the Law Division upheld the Governor’s determination not to make the required FY14 ARC payment, ...

docket:	A-55-14
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:	222 N.J. 175 118 A.3d 270
Document Size:	209909

35 State of New Jersey v. Michael W. Lamb -- rank: 835

... another officer knocked on the door multiple times while defendant’s stepfather, Steven Marcus, yelled that they should leave. Although Marcus ... addition to defendant and Marcus, three young children and defendant’s mother, Karen Marcus, were in the house. Police called the ... in a search, and she was upset about her son’s behavior. Karen took the officers to defendant’s room, where they found a handgun. Defendant was indicted on ... suppress the evidence seized from his bedroom, arguing that Karen’s will was overborne by police. The trial court denied the ... his earlier refusal to permit entry did not nullify Karen’s subsequent consent. Defendant entered a conditional guilty plea to ...

docket:	A-37-12
court:	NJ Supreme Court
decided:	2014-05-19
status:
citation:	218 N.J. 300 95 A.3d 123
Document Size:	80963

36 Karins v. City of Atlantic City -- rank: 835

... on-duty police officer. ����Karins was stopped at Atlantic City's annual "Harborfest" celebration on suspicion of a DWI offense after ... of A.C.F.D. Operational Procedure #105, the Department's policy against discrimination, harassment and hostile environments in the workplace. The repeat offender charge was based on Karins's prior ten-day suspension for calling an African-American firefighter a "coon." Karins's conduct in that case contributed to the promulgation of Operational ... there was "nothing unreasonable, arbitrary, or capricious about the agency's decision." The Court granted certification. HELD : The regulations under which ... by a preponderance of the evidence. The Merit System Board's decision dismissing the charges therefore was arbitrary and capricious. ...

docket:	a-6-97
court:	njsupreme
decided:	1998-02-18
status:
citation:	152 N.J. 532
Document Size:	83354

37 Moriarty v. Bradt -- rank: 832

... appeal, the Court examines the Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, in light of a recent ... the United States Supreme Court that struck down another state's similar statute, and the Court determines whether the trial court ... for drug abuse and the children remained with Moriarty. Bradt's parents (the grandparents) intervened in the divorce action to secure ... the grandparents could serve as a conduit with the children's deceased mother and could be a positive resource for the ... grandparent visitation in light of the United States Supreme Court's ruling in Troxel v. Granville , 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. Ed. ...

docket:	a-145-01
court:	njsupreme
decided:	2003-07-14
status:
citation:	177 N.J. 84
Document Size:	123877

38 State v. Tysen R. Privott -- rank: 822

... found at 203 N.J. 16 or 999 A.2d 415. SYLLABUS (This syllabus is not part of the opinion of ... Privott, matched the physical description relayed by the dispatcher. Privott's jacket was open and he wore a long white tee ... link fence. Defendant fully cooperated. Officer Plum then lifted defendant's shirt in the immediate area of his waistband where a ... and then lifted his shirt. The trial court denied defendant's motion to suppress the evidence seized in the search, finding ... suspicion to conduct an investigatory stop and that the officer's actions in lifting the tee-shirt were appropriate under the ... gun was not corroborated. The Supreme Court granted the State's petition for certification. HELD: Based on the totality of ...

docket:	a-7-09
court:	supreme
decided:	2010-06-29
status:
citation:	203 N.J. 16 999 A.2d 415
Document Size:	110744

39 BRIAN HEYERT v. MENASSIE TADDESE -- rank: 822

... 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

40 State of New Jersey v. Fred Neulander -- rank: 818

... 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

41 STATE OF NEW JERSEY v. EDWARD DUPREY -- rank: 818

... Ms. Grayson and Elena K. Weitz, on the briefs). Jeffrey S. Chiesa, Attorney General, amicus curiae (Carol M. Henderson, Assistant Attorney ... a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the ... of Domestic Violence Act of 1991 (DV Act), N.J.S.A. 2C:25-17 to -35. Smith's application for the TRO was premised on her allegation that ... charged with third-degree terroristic threats, contrary to N.J.S.A. 2C:12-3(b) (count one); fourth-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(4) (count two); and ...

docket:	a5469-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-01
status:	published
citation:	427 N.J.Super. 314 48 A.3d 419
Document Size:	40229

42 JAMES DALE VS BOY SCOUTS OF AMERICA & MONMOUTH COUNCIL BOY SCOUTS OF AMERICA -- rank: 812

... court for publication.) This case can also be found at 308 N.J. Super. 516 . NOT FOR PUBLICATION WITHOUT THE APPROVAL ... and Friends of Lesbians and Gays (Marvin E. Frankel, Jeffrey S. Trachtman, Debora C. Fliegelman and William S. Singer, of counsel and on the brief). ��������David H. Dugan ... BSA is a place of public accommodation under New Jersey's Law Against Discrimination (LAD), First Amendment freedom of expressive association ... as and declared to be a civil right. ��������[ N.J.S.A. 10:5-4 (emphasis added).] The categories "affectional or ... identified by others as having such an orientation." N.J.S.A. 10:5-5hh. See footnote 1 ����The LAD ...

docket:	a2427-95
court:	njappellate
decided:	1998-03-02
status:	published
citation:	<a href=
Document Size:	105319

43 MACK-CALI REALTY CORP. v. STATE OF NEW JERSEY -- rank: 812

... INDUSTRY ASSOCIATION; and HUDSON COUNTY CHAMBER OF COMMERCE & INDUSTRY, Plaintiff(s), v. STATE OF NEW JERSEY; CITY OF JERSEY CITY; MAYOR ... as Business Administrator of the City of Jersey City, Defendant(s). Argued: March 8, 2019 Decided: March 15, 2019 Clark E ... Kleinbaum, & Friedman, P.C.) PETER F. BARISO, JR., A.J.S.C. This action in lieu of prerogative writs challenges the ... Act (the “LTAA” or the “Statute”), N.J.S.A. 40:48C- 1 to -42, as amended by L ... payroll. See L. 1970, c. 326 (codified at N.J.S.A. 40:48C-1 to -42). In the nearly fifty ... eligible to impose local taxes. As a result, Jersey City’s eligibility to impose a payroll tax has changed. As ...

docket:	l-4903-18
court:
decided:	2019-03-15
status:
citation:
Document Size:	141024

44 State v. Lloyd Fuller -- rank: 812

... degree possession of an imitation firearm for unlawful purposes. Fuller�s trial began with jury selection on October 24, 2000. As ... Americans, and after the last of those potential jurors, M.S., was excused, defense counsel objected. Defense counsel argued that the ... of crimes. He further explained that the last juror, M.S., who also was black, appeared to be a Muslim, and ... not as religious. In his responses during voir dire , M.S. did not discuss his religious convictions or say that he ... fairly and impartially. The prosecutor did not inquire whether M.S.�s religious beliefs would interfere with his ability to follow ...

docket:	a-76-02
court:	njsupreme
decided:	2004-12-22
status:
citation:	182 N.J. 174
Document Size:	101129

45 EDMUND T. & BARBARA KARAM VS STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL -- rank: 808

... court for publication.) This case can also be found at 308 N.J. Super. 225 . NOT FOR PUBLICATION WITHOUT THE APPROVAL ... for respondents ��������(Levin & Hluchan, attorneys; Mr. Hluchan, of ��������counsel; Jeffrey S. Beenstock, on the brief). ��������The opinion of the court was ... the Waterfront and Harbor Facilities Act of 1914 ( N.J.S.A. 12:5-1 to -11), more commonly known as ... because it harbored high densities of shellfish. Following the DEP's denial of their application for a development permit, plaintiffs brought ... waterways to facilitate commerce and navigation. In the early 1970's, however, governmental focus shifted in favor of wildlife conservation and ... the Coastal Area Facility Review Act (CAFRA), see N.J.S.A. 13:19-1 to -21, which, among other ...

docket:	a1982-96
court:	njappellate
decided:	1998-02-13
status:	published
citation:	308 N.J.Super. 225
Document Size:	51769