Search Rutgers Law Library N.J. Court Opinions

1 Lula M. Henry v. New Jersey Department of Human Services -- rank: 1000

... complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). 2 In early ... on which to extend the statute of limitations on Henry’s retaliation claim. That cause of action accrued at or before ... If none exists, the court decides whether the trial court’s ruling on the law was correct. (pp. 9-10) 2 ... then shifts back to the employee to prove the employer’s stated reason was false and motivated by discriminatory intent. A ... 200 N.J. 555 (2010), the Court considered a plaintiff’s argument that cancellation of his insurance after he was terminated ... light of Roa , the Court affirms the judgment dismissing Henry’s retaliation claim because there is no equitable basis on ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

2 STATE OF NEW JERSEY v. ALLEN HARBATUK -- rank: 984

... of second- degree sexual assault, in violation of N.J.S.A. 2C:14-2(c)(4), committed upon the victim, D.U., 1 a minor. Defendant was sentenced to a seven-year term of imprisonment; Megan's law registration, N.J.S.A. 2C:7-1 to -19; parole supervision for life (PSL), N.J.S.A. 2C:43-6.4; and the requisite fines and ... relationship defendant and his husband, Raymond Waters, had with D.U. when he was between the ages of fourteen to ...

docket:	a3743-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	80582

3 McNeil v. Legislative Apportionment Commission -- rank: 984

... appeal, the Court is asked whether the New Jersey Constitution�s political boundary requirement, Article IV, Section 2, Paragraph 3, now ... enforced with respect to Newark and Jersey City, the State�s two largest municipalities. ����On April 11, 2001, the New Jersey ... Rights Act as well as the Fourteenth and Fifteenth Amendment s. The Robertson court upheld the plan on June 18, 2001 ... mandate, announced first in Scrimminger v. Sherwin , 60 N.J. 483 (1972), and subsequently reexamined and reaffirmed in Davenport v. Apportionment ... the New Jersey Constitution. ����The Supreme Court granted the Commission�s petition for certification and stayed the Appellate Division judgment. HELD: The New Jersey Constitution�s political boundary requirement may not be validly enforced with ...

docket:	a-73-02
court:	njsupreme
decided:	2003-07-31
status:
citation:	177 N.J. 364
Document Size:	142099

4 State v. James Comer -- rank: 977

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... trial court to conduct a new sentencing hearing in Comer’s case and to consider the factors set forth in Miller v. Alabama, 567 U.S. 460, 478 (2012). On remand, the trial court noted that ... years in prison without the possibility of parole. N.J.S.A. 2C:11-3(b)(1). The court declined to ... appropriate in this case.” The Appellate Division upheld Comer’s sentence, and the Court granted certification. 245 N.J. ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

5 State v. Donald Loftin -- rank: 977

... a struggle. The office was not disturbed, and Mr. Marsh's body showed no signs of any other wounds. Missing were Mr. Marsh's wallet and approximately $90 from the evening's receipts, including a fifty-dollar bill used by a customer ... attempting to make a purchase with one of Mr. Marsh's credit cards. He had other credit cards belonging to Mr. Marsh in his possession, as well as Mr. Marsh's driver's license and social security card. He also had a ...

docket:	a-39-95
court:	njsupreme
decided:	1996-08-08
status:
citation:	146 N.J. 295
Document Size:	322202

6 State of New Jersey v. Jesse Timmendequas -- rank: 974

... earlier in the evening. After determining that Joseph Cifelli, Timmendequas's roommate, was a prior sex offender, police obtained his consent ... shaking and perspiring heavily throughout his interview. Based on Timmendequas's nervousness, and his assertion that he was alone at the time of Megan's disappearance, the officers asked him to come to headquarters for ... waiver form. Timmendequas denied having anything to do with Megan's disappearance. He left the station at 4:00 a.m. ����The next morning, detectives went to Cifelli's house to search the premises again. While the search was ... walk and brought out the garbage. The officers obtained Cifelli's consent to search the garbage. They found a waistband ...

docket:	a-172-97
court:	njsupreme
decided:	1999-08-10
status:
citation:	161 N.J. 515
Document Size:	446325

7 State v. Nicholas Kiriakakis -- rank: 971

... sentencing a defendant within the range authorized by a jury’s verdict, may impose a mandatory-minimum period of parole ineligibility under N.J.S.A. 2C:43-6(b), without offending the United States ... within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period ... aggravating factors substantially outweigh the mitigating factors,” N.J.S.A. 2C:43- 6(b). Here, the trial judge found ... factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit ...

docket:	a-51-17
court:	New Jersey Supreme Court
decided:	2018-11-05
status:
citation:
Document Size:	78516

8 State v. Robert O. Marshall -- rank: 971

... to murder his wife, and sentenced to death. The State's theory at trial was that defendant had hired another to ... that court a petition for post-conviction relief (PCR). Defendant's amended petition contained a total of 548 grounds for reversal ... would be taken except on five claims involving defense counsel's representation in opening statement that defendant would testify, and defendant's competence to take part in the penalty-phase proceeding after ... defendant to present documentary evidence only. ����The court denied defendant's petition for PCR, finding defendant's legal arguments to be without merit and concluding that ...

docket:	a-38-95
court:	njsupreme
decided:	1997-03-05
status:
citation:	130 N.J. 109
Document Size:	586551

9 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 971

... sentencing a defendant within the range authorized by a jury’s verdict, may impose a mandatory-minimum period of parole ineligibility under N.J.S.A. 2C:43-6(b), without offending the United States ... within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period ... aggravating factors substantially outweigh the mitigating factors,” N.J.S.A. 2C:43- 6(b). Here, the trial judge found ... factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	235 N.J. 420 196 A.3d 563
Document Size:	78451

10 American Trucking Associations v. State of New Jersey -- rank: 968

... Court. The issue in this appeal is whether this State's annual hazardous waste transporter registration fees as assessed against out ... on the merits. The Appellate Division reversed the Tax Court's grant of partial summary judgment and directed the State to ... state truckers versus in-state truckers. As to the State's analysis, Judge Small found that the failure to consider behavior ... point, the rule of American Trucking Ass'ns v. Scheiner , 483 U.S. 266 (1987), that flat taxes or fees, i.e. , ...

docket:	a-15-03
court:
decided:	2000-02-02
status:
citation:	180 N.J. 377 852 A.2d 167
Document Size:	202976

11 State v. Charles E. Reddish, Jr. -- rank: 962

... Friday, February 22, 1991, an elderly downstairs neighbor of Rosenthal�s heard a loud thump emanating from Rosenthal�s apartment. The neighbor also heard Rosenthal�s patio door open and close. Rosenthal did not report to ... on Wednesday, February 27, 1991. Police officers went to Rosenthal�s apartment to investigate. They noticed newspapers accumulated outside the unlocked ... showed no sign of a struggle or forced entry. Rosenthal�s bed was made, and her closets were orderly and full ... the apartment. Officers noticed no unusual odors or smells. Rosenthal�s car, containing her briefcase and topcoat, was still in ...

docket:	a-47-02
court:	njsupreme
decided:	2004-11-10
status:
citation:	181 N.J. 553
Document Size:	216213

12 ABBOTT v. BURKE -- rank: 959

... 3 in aid of litigants’ rights based on the State’s failure to fully fund the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63. The schoolchildren who comprise ... the education funding and services required to ameliorate the class’s constitutional deprivation. The State has for decades recognized the special ... plaintiff class of pupils, and its compliance with this Court’s remedial orders demonstrates its recognition that plaintiffs’ constitutionally based remedies ... and authorized the State to implement in Abbott districts SFRA’s level of funding. Abbott v. Burke , 199 N.J. 140 ... exchange of remedial orders correcting constitutional deprivations for the State’s alternative -- SFRA funding -- did not alter the constitutional underpinnings ...

docket:	m-1293-09_5
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669616

13 Abbott v. Burke -- rank: 959

... 3 in aid of litigants’ rights based on the State’s failure to fully fund the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63. The schoolchildren who comprise ... the education funding and services required to ameliorate the class’s constitutional deprivation. The State has for decades recognized the special ... plaintiff class of pupils, and its compliance with this Court’s remedial orders demonstrates its recognition that plaintiffs’ constitutionally based remedies ... and authorized the State to implement in Abbott districts SFRA’s level of funding. Abbott v. Burke , 199 N.J. 140 ... exchange of remedial orders correcting constitutional deprivations for the State’s alternative -- SFRA funding -- did not alter the constitutional underpinnings ...

docket:	M-1293-09_8
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669492

14 State v. Brian WakefieldRIVERA-SOTO, J., writing for the Court.Brian Wakefield pled guilty to two counts of capital murder.In this appeal,Wakefield raises fourteen assignments of error in respect of the penalty phase trialthat resulted in his death senten -- rank: 952

... death. Through relatives, it was also determined that Mrs. Hazard�s car, a Lincoln Continental, was missing. The Lincoln was later ... approximate time of the homicides, so it was the State�s position that Wakefield committed the crimes by his own conduct ... was committed while Wakefield was engaged in murder (Mr. Hazard�s), robbery and/or burglary, and it was committed for the ... was granted leave to appear as amicus curiae. HELD : Wakefield�s penalty phase proceedings were fair, the death sentence was properly ... themselves; photographs of the crime scene; and evidence of Wakefield�s post-crime behavior. Underlying these claims is Wakefield�s contention that his unconditional guilty plea obviated any need ...

docket:	a-37-04
court:	njsupreme
decided:	2007-05-07
status:
citation:	190 N.J. 397
Document Size:	487750

15 James Dale v. Boy Scouts of America, and Monmouth Council, Boy Scouts of America -- rank: 946

... 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