Search Rutgers Law Library N.J. Court Opinions

46 STATE v. O'HAGEN -- rank: 842

... Jersey DNA Database and Databank Act of 1994, N.J.S.A . 53:1-20.17 - 20.28 (Act), as amended, violates rights guaranteed by the Fourth and Fourteenth Amendment s to the United States Constitution and Article I, Paragraphs 1 ... innocent were served by the Act. In balancing the State's interest in obtaining DNA against the defendant's right to privacy, the Appellate Division concluded that any intrusion ... of privacy was minimal and was outweighed by the State's need to deter and detect recidivist offenders and the public's interest in promptly identifying and accurately prosecuting the perpetrators ...

docket:	a-70-05
court:	njsupreme
decided:	2007-01-24
status:
citation:	189 N.J. 140
Document Size:	114936

47 Burgosv. State of New Jersey -- rank: 839

... 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

48 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 839

... consider the juvenile offender sentencing factors enumerated in Miller, 567 U.S. at 477-78. The record demonstrates that defendant has remained ... defendant 'still fails to appreciate 1 Miller v. Alabama, 567 U.S. 460 (2012). 2 A-4368-19 risks and consequences, and ... 1981. Later that month, the trial court granted the State's motion to waive defendant to adult court. The waiver statute ... would constitute homicide . . . if committed by an adult,' N.J.S.A. 2A:4-48, and 'together with the absence ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

49 State of New Jersey v. Michael J. Natale -- rank: 833

... sentence authorized by either a jury verdict or a defendant�s admissions at a plea hearing runs afoul of the Sixth ... schemes across the nation, including the constitutionality of New Jersey�s sentencing scheme. ����Michael Natale and his girlfriend Ginamarie Lerro lived ... convictions, those sentences running consecutive to the assault sentence. Natale�s aggregate sentence was a fourteen-year prison term with a ... that the sentences imposed by the trial court violated Natale�s Sixth Amendment right to trial by jury and remanded to the trial court. We granted the State�s petition and Natale�s cross-petition. HELD: A sentence above the presumptive statutory ...

docket:	a-82-04
court:	njsupreme
decided:	2005-08-02
status:
citation:	*CITE_PENDING*
Document Size:	99449

50 Statev. Larry R. Henderson -- rank: 830

... the other man was a stranger. According to the State’s evidence, Clark shot Harper while the stranger held a gun ... pre-trial Wade hearing to determine the admissibility of Womble’s identification of defendant. That hearing revealed that the identification procedure ... though Detective Weber was “nudging” him to choose defendant’s photo, and that there was pressure to make a choice ... admissibility of the eyewitness identification. See Manson v. Brathwaite , 432 U.S. 98, 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977); State ...

docket:	a-8-08_1
court:	superior court trial
decided:	2011-08-24
status:
citation:
Document Size:	303175

51 STATE OF NEW JERSEY v. LARRY R. HENDERSON -- rank: 830

... the other man was a stranger. According to the State’s evidence, Clark shot Harper while the stranger held a gun ... pre-trial Wade hearing to determine the admissibility of Womble’s identification of defendant. That hearing revealed that the identification procedure ... though Detective Weber was “nudging” him to choose defendant’s photo, and that there was pressure to make a choice ... admissibility of the eyewitness identification. See Manson v. Brathwaite , 432 U.S. 98, 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977); State ...

docket:	a-8-08
court:	NJ Supreme Court
decided:	2009-02-26
status:
citation:	208 N.J. 208 27 A.3d 872
Document Size:	303807

52 State v. Carlton Harris -- rank: 823

... appeal, the Court determines whether weapons recovered from a defendant’s premises during a search conducted pursuant to a warrant issued ... cause” under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, may be admitted in ... prosecution if their illegal nature is immediately apparent. A firearm’s serial number is visible simply by looking at the weapon ... bodily injury,” the officer must seize it. N.J.S.A. 2C:25-21(d)(1). Another part of the ... states that the alleged abuser may have weapons. N.J.S.A 2C:25-28(j) provides that the court may ... Here, the search and seizure was conducted under N.J.S.A 2C:25-28(j). (pp. 13-15) 2. ...

docket:	A-111-10
court:	NJ Supreme Court
decided:	2012-08-16
status:
citation:
Document Size:	148149

53 Ferrellgas Partners, L.P. v. Director, Division of Taxation -- rank: 823

... No. 007051-2014 Dear Counsel: This opinion decides each party’s partial summary judgment motion in the above-captioned matter. Plaintiff contends that N.J.S.A. 54A:8-6(b)(2) (the “Challenged Statute� ... DCC”) because it is a flat tax, and that defendant’s regulations apportioning the same, while valid, are unworkable as applied ... in interstate commerce -- its investment activity in partnerships. Thus, defendant’s partial summary judgment motion is granted in this aspect only ... formulation of the internal consistency test does not satisfy plaintiff’s burden of initially proving a disparate impact of the PFF ... as having an incidental but not disparate impact on plaintiff’s investment activity, and the court were to engage in ...

docket:	007051-14
court:	NJ Tax Court
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	101974

54 State v. Ambrose A. Harris -- rank: 820

... this capital case, Ambrose Harris appeals from the trial court�s denial of his petition for post-conviction relief (PCR). Ordinarily, the Court�s review would be based on the findings and conclusions of ... what the court did. The statements reveal the PCR court�s disdain for Harris and a preordained view that its role ... sentencing system is meaningless. The nature of the trial court�s comments raise the issue whether the Court can affirm a ... appropriateness of the sentence rests elsewhere. Caldwell v. Mississippi , 472 U.S. 320 , 105 S. Ct. 2633 , 86 L.Ed.2d ...

docket:	a-94-02
court:	New Jersey Supreme Court
decided:	2004-10-19
status:
citation:
Document Size:	346503

55 Puglia v. Elk Pipeline, Inc., et al. -- rank: 820

... a state-law whistleblower retaliation claim premised on an employee’s complaints about wage and hour requirements is preempted by federal ... A collective bargaining agreement (CBA) governed the terms of Puglia’s employment. In 2010, Puglia worked on a public works job ... Camden, which was subject to the provisions of New Jersey’s Prevailing Wage Act, N.J.S.A. 34:11-56.25 to -56.47. In January ... and complained to the project manager, Mike Tedesco, and Elk’s president, Thomas Mecouch. He then spoke with the resident engineer ... alleging violations of the Prevailing Wage Act and New Jersey’s Conscientious Employee Protection Act (CEPA), N.J.S.A. ...

docket:	a-38-14
court:	New Jersey Supreme Court
decided:	2016-08-16
status:
citation:
Document Size:	170392

56 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 820

... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... by PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed. ...

docket:	A3737-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:
Document Size:	216466

57 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 820

... Decided August 17, 2005 Before Judges Fall, Payne and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... by PAYNE, J.A.D. In Atkins v. Virginia , 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. Ed.2d 335 (2002) the United ... six-member majority of the Supreme Court, abrogating the Court's prior decision in Penry v. Lynaugh , 492 U.S. 302 , 109 S. Ct. 2934 , 106 L. Ed. ...

docket:	A3736-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:	380 N.J. Super. 1 880 A.2d 468
Document Size:	216489

58 State v. William L. Witt -- rank: 820

... 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

59 Board of Trustees of Operating Engineers Local 825 v. L.B.S. Construction Co. -- rank: 817

... of Trustees of Operating Engineers Local 825 v. L.B.S. Construction Co. (A-72-96) and Board of Trustees of ... therefore prevents a surety from being liable for a contractor's delinquent payment of fringe benefit contributions. The Law Division granted ... now or hereafter relate to any employee benefit plan." 29 U.S.C. �1144 (a). In Shaw v. Delta Airlines, Inc. , 103 S. Ct. 2890 (1983), the United States Supreme Court gave this ... interpreted the preemption provision to give full effect to ERISA's purposes. However, when a State law that may have ...

docket:	a-72-96
court:	njsupreme
decided:	1997-04-09
status:
citation:	148 N.J. 561
Document Size:	60106

60 State v. Joseph M. Jaffe -- rank: 817

... the intent to distribute, and to cooperate with the State’s prosecution of his co-defendants. In exchange, the State agreed ... asserted that because nearly a year had passed since defendant’s conviction, the pre-sentence investigation and report were stale. He ... that leniency was warranted because, in the time between defendant’s plea and sentencing, defendant had not reoffended, was gainfully employed ... acting as the “de facto” father to his girlfriend’s five-year-old child. Defendant testified that he had been ... engaged to be married. Counsel argued that, based upon defendant’s post-conviction rehabilitative efforts and circumstances, the court should find certain mitigating factors: Defendant’s conduct was the result of circumstances unlikely to recur; ...

docket:	A-12-13
court:	NJ Supreme Court
decided:	2014-12-15
status:
citation:
Document Size:	61768