Search Rutgers Law Library N.J. Court Opinions

16 State v. Nathaniel Harvey -- rank: 848

... profusely.     Investigating police detected no signs of forced entry. Schnaps's bedroom, however, was a scene of obvious struggle. Blood stains ... room. It appeared that someone had attempted to wipe Schnaps's body clean of blood. A white pillowcase bore a bloody ... empty Olympus camera box, and an empty jewelry box. Schnaps's pocketbook was open and did not contain any money.     Throughout ... one a Seiko-LaSalle like the watch missing from Schnaps's apartment. Defendant was arraigned for Schnaps's murder. He said that he would tell police about the ... warnings. Defendant confessed to murdering Schnaps shortly thereafter.     At defendant's first trial, the State relied on defendant's confession. ...

docket:	a-23-95
court:	njsupreme
decided:	1997-07-30
status:
citation:	121 N.J. 407
Document Size:	449461

17 The Committee to Recall Robert Menendez v. Nina Wells -- rank: 848

... a district. The Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which went into effect ... or any State or local elected official.” N.J.S.A. 19:27A-2. 2 On September 25 , 2009, pursuant ... the Committee to Recall Robert Menendez from the Office of U.S. Senator (Committee), submitted to Nina Wells, then-New Jersey Secretary ... panel framed the issue before it as whether the State’s constitutional and statutory recall measures, as applied to a United ... the norms of judicial restraint and compel that the Committee’s process in circulating a recall petition be halted. In ...

docket:	A-86-09
court:	NJ Supreme Court
decided:	2010-11-18
status:
citation:	204 N.J. 79 7 A.3d 720
Document Size:	437147

18 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 848

... 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 another offense, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood ...

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

19 STATE OF NEW JERSEY V. JOHN W. DREHER -- rank: 848

... Mogin, attorneys; Mr. Mogin, of counsel; Marcie R. Ziegler, Dan S. Sokolov, Herbert J. Stern, Jeffrey Speiser, and Mr. Mogin, on ... of the purposeful and knowing murder of his wife. Defendant's previous conviction for this same crime resulted in a reversal ... ON AN ARBITRARY AND UNSCIENTIFIC METHODOLOGY.     III.        THE TRIAL COURT'S SUPPLEMENTAL INSTRUCTION IMPROPERLY DILUTED THE REQUIREMENT OF PROOF BEYOND A ... COURT ERRED IN PERMITTING THE STATE TO RELY ON DEFENDANT'S PRE-ARREST SILENCE AS PROOF OF GUILT.     V.        THE TRIAL COURT ERRED IN ITS RULINGS CONCERNING THE STATE'S EXTRAORDINARY ACTION IN CAUSING A POLICE CAPTAIN TO ORDER THE ... CONTEMPORANEOUS NOTES.     VI.        IT WAS ERROR TO ADMIT AUSTIN LETT'S TESTIMONY DESPITE THE DESTRUCTION OF CRUCIAL EVIDENCE OF HIS ...

docket:	a6479-94
court:	njappellate
decided:	1997-06-20
status:	published
citation:	302 N.J.Super. 408
Document Size:	220854

20 A.A., et al. v. STATE OF NEW JERSEY, et al. -- rank: 845

... December 12, 2005 - Decided Before Judges Stern, Fall and C.S. Fisher. On appeal from the Superior Court of New Jersey ... Constitution (hereinafter Paragraph 12), and its implementing legislation, N.J.S.A. 2C:7-12 to -19 (hereinafter "Internet Registry Act ... the Act" adopted as part of and supplement to "Megan's Law," N.J.S.A. 2C:7-1 to -11). The constitutional amendment authorizes ... of information about sex offenders on the Internet. N.J.S.A. 2C:7-13. The Act requires that information contained ... available to the public on the internet. See N.J.S.A. 2C:7-4, -13. In essence, plaintiffs assert ...

docket:	A2153-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-06
status:	published
citation:
Document Size:	141092

21 James Dale v. Boy Scouts of America, and Monmouth Council, Boy Scouts of America -- rank: 842

... 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

22 State v. Ambrose A. Harris -- rank: 839

... 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

23 NEW JERSEY NATURAL GAS CO. v. DIRECTOR, DIVISION OF TAXATION -- rank: 839

... doing business in New Jersey are subject to New Jersey’s Corporation Business Tax. N.J.S.A. 54:10A-1 to -32. If all of a corporation’s activities and property are in New Jersey, 100% of its ... in New Jersey. If less than 100% of the corporation’s activities and property are in New Jersey, its income is ... of New Jersey, the formula is based on the corporation’s payroll, property and sales inside of New Jersey compared to its worldwide payroll, property, and sales. N.J.S.A. 54:10A-6 (“Section 6”). * However, if ...

docket:	00240-05
court:
decided:	2008-04-17
status:
citation:
Document Size:	143317

24 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 832

... Court.     This appeal concerns the scope of a police officer's authority to conduct a search of articles contained in the ... were Eileen Pierce and Eugene Bernardo. On learning that Grass's driver's license had been suspended, the officer ordered Grass to step ... the Appellate Division applied the bright-line rule of the U.S. Supreme Court case, New York v. Belton , to sustain the ... compartment of that automobile. Based on the seriousness of Grass's motor-vehicle offense, the majority of the Appellate Division ...

docket:	a-19-93
court:	njsupreme
decided:	1994-06-15
status:
citation:	136 N.J. 184
Document Size:	117446

25 STATE OF NEW JERSEY v. JAMES C. ZARATE, -- rank: 826

... Prosecutor, attorney; John K. McNamara, Jr., on the briefs). Lawrence S. Lustberg argued the cause for amicus curiae the American Civil ... and American Civil Liberties Union New Jersey Foundation, attorneys; Lawrence S. Lustberg, Avram D. Frey and Alexander Shalom, on the brief ... for amicus curiae the Attorney General of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Carol M. Henderson, of counsel and ... the United States Supreme Court in Miller v. Alabama, 567 U.S. 460 (2012), declared unconstitutional under the Eighth Amendment mandatory life ... an adult. Our State Supreme Court in State v. Zuber, 227 N.J. 422 (2017), applied Miller to any sentence ...

docket:	a2001-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	91539

26 State v. Timothy Adkins -- rank: 823

... Court considers the application of the United States Supreme Court’s decision in Missouri v. McNeely , ___ U.S. ___, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), to a ... conveyed defendant to the hospital, and the police obtained defendant’s BAC test results from a sample, drawn by hospital personnel ... without the police first having secured a warrant or defendant’s prior written consent. Defendant was issued summonses for DWI, ...

docket:	A-91-13
court:	NJ Supreme Court
decided:	2015-05-04
status:
citation:	221 N.J. 300 113 A.3d 734
Document Size:	90835

27 ANN BAKER et al. v. THE NATIONAL STATE BANK, (a/k/a CoreStates, its Successor-In-Interest), -- rank: 823

... by First Union National Bank) appeals from the trial court's remittitur of a punitive damages award. The trial court reduced ... the remitted award was not a violation of the Bank's constitutional, due process rights; (2) concluding that the unremitted award ... Ann Baker and Barbara Hausleiter cross- appeal the trial court's remittitur of the punitive damages award, contending that the $4 ... Court in BMW of N. Am., Inc. v. Gore , 517 U.S. 559 , 116 S. Ct. 1589 , 134 L. Ed.2d 809 (1996). 161 ...

docket:	A1319-00
court:	NJ Superior Court Appellate Division
decided:	2002-06-21
status:	published
citation:	353 N.J. Super. 145 801 A.2d 1158
Document Size:	83507

28 State v. John Loyal -- rank: 813

... of the prosecutor and defense counsel, based on defense counsel's prior representation of a significant and recanting State witness. It also requires the Court to determine whether defendant's retrial is permissible under the federal and State constitutions' prohibitions ... Johnson and Posey also identified Loyal as the shooter. Loyal's trial for the murder of Watson commenced on April 16 ... conducting a Gross hearing, the trial court determined that Posey's earlier statement was admissible at trial.     Subsequent to the Gross ... affirmed in an unreported opinion. The Supreme Court granted Loyal's petition for certification. HELD: Defense counsel's prior representation of a material, recanting State's witness ...

docket:	a-29-99
court:	njsupreme
decided:	2000-06-27
status:
citation:	164 N.J. 418
Document Size:	141180

29 KELLY RAMOS v. HERBERT FLOWERS -- rank: 810

... Jersey (Gibbons and ACLU of NJ, attorneys; Mr. Manes, Lawrence S. Lustberg, Edward L. Barocas, Jeanne LoCicero, and Alexander R. Shalom ... J.A.D. Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for ... arrested and charged with obstructing traffic, contrary to N.J.S.A. 39:4-67; improper parking, contrary to N.J.S.A. 39:4-135; leaving an unattended vehicle running, contrary to N.J.S.A. 39:4-137; and obstructing a public passage on a sidewalk, contrary to N.J.S.A. 2C:33-7. In another incident that occurred ...

docket:	a4910-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-21
status:	published
citation:	429 N.J.Super. 13 56 A.3d 869
Document Size:	69242

30 Targa Resources Partners, L.P., v. Director, Division of Taxation -- rank: 810

... No. 010749-2015 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 Statuteâ ... Dormant Commerce Clause (“DCC”). Plaintiff further argues that defendant’s regulations apportioning the fee only for partners who/which are ... in interstate commerce -- its investment activity in partnerships. Thus, defendant’s partial summary judgment motion is granted in this aspect only ... of the internal consistency test does not satisfy 2 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:	010749-15
court:	NJ Tax Court
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	100660