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1 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 1000
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please ...
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court: NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size: 212375
2 Jersey v. James R. Denelsbeck -- rank: 978
Original Wordprocessor Version This case can also be found at 225 N.J. 103 or 137 A.3d 462. (NOTE: The status of this decision is Published .) SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the ...
docket: a-42-14
court: New Jersey Supreme Court
decided: 2016-05-12
status:
citation:
Document Size: 212208
3 STATE OF NEW JERSEY v. RASHAUN BELL -- rank: 930
... of an accident resulting in the death of another person, N.J.S.A. 2C:11- -5.1, defendant Rashaun Bell pled guilty to both counts. The ... died in the accident. Instead, and as expressly permitted by N.J.S.A. 2C:11-5.1, the State may address the harm to A-1971 ... J.S.A. 2C:11-4, reckless vehicular homicide under N.J.S.A. 2C:11-5, or strict liability vehicular homicide under N.J.S.A. 2C:11-5.3. I. The parties do not dispute the proofs presented ... the car's driver. The grand jury charged defendant under N.J.S.A. 2C:11-5.1 with one count of second-degree leaving the scene ... multiplicity, the State could only charge him once for violating N.J.S.A. 2C:11-5.1 because the facts asserted by the State demonstrated ...
docket: a1971-18
court: NJ Superior Court Appellate Division
decided: 2020-05-06
status: Unpublished
citation:
Document Size: 35036
4 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF H.M.S -- rank: 914
... defendant H.M.S. pled guilty to death by auto, N.J.S.A. 2C:11-5; knowingly leaving the scene of a motor vehicle accident resulting in death, N.J.S.A. 2C:11-5.1; and hindering apprehension, N.J.S.A. 2C:29 ... seq. (Criminal Homicide), except death by auto as specified in N.J.S.[A.] 2C:11-5 and strict liability A-3493-18T1 3 vehicular homicide as ... 6 offense, in particular H.M.S.'s conviction for N.J.S.A. 2C:11-5.1, was not eligible to be expunged. In its oral ... leaving the scene of a boating accident resulting in death, N.J.S.A. 2C:11-5.2, which can be expunged under N.J.S.A ... defect in excluding[,] or should [it] say[,] not specifically including [N.J.S.A. 2C:11-5.1] in the proof of homicide offenses for which ...
docket: a3493-18
court: NJ Superior Court Appellate Division
decided: 2020-01-30
status: Unpublished
citation:
Document Size: 20118
5 In the Matter of the Expungement Petition of J.S. -- rank: 858
... J.S.A. 2C:11-2 (except death by auto, N.J.S.A. 2C:11-5); kidnapping, N.J.S.A. 2C:13-1; human trafficking ...
docket: A-84-13
court: NJ Supreme Court
decided: 2015-08-10
status:
citation: 223 N.J. 54 121 A.3d 322
Document Size: 135211
6 STATE OF NEW JERSEY v. JEAN A. SENE -- rank: 855
... leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. The question of first impression presented in this appeal ... degree crime of leaving the scene of an accident under N.J.S.A. 2C:11-5.1. Defendant contends that contact between his vehicle and the ... DENIED DEFENDANT'S REQUEST TO TAILOR THE OFFENSE CHARGE FOR N.J.S.A. 2C:11-5.1, "THE HIT AND RUN STATUTE," TO THE FACTS OF ... PROVIDE A DEFINITION FOR THE PHRASE "INVOLVED IN AN ACCIDENT", N.J.S.A. 2C:11-5.1 IS UNCONSTITUTIONALLY VAGUE BECAUSE IT FAILS TO PROVIDE ADEQUATE ... of these facts, the phrase "involved in an accident" in N.J.S.A. 2C:11-5.1 required that the vehicle driven by defendant make contact ... Here, the trial judge gave the model jury charge for N.J.S.A. 2C:11-5.1, Model Jury Charge (Criminal) , "Leaving the Scene of ...
docket: a2256-13
court: NJ Superior Court Appellate Division
decided: 2015-11-25
status: published
citation: 443 N.J.Super. 134 128 A.3d 175
Document Size: 36659
7 STATE OF NEW JERSEY v. JAY C. FISHER -- rank: 847
... the scene of a motor vehicle accident resulting in death, N.J.S.A. 2C:11-5.1. He now appeals from the January 23, 2006, order ... affirm the order of the Law Division. The challenged statute, N.J.S.A. 2C:11-5.1 , provides that: A motor vehicle operator who knows he ... leaving the scene of a motor vehicle accident, contrary to N.J.S.A. 2C:11-5.1 and with two counts of hindering the detention, apprehension ... of another for an offense or violation of Title 39, N.J.S.A. 2C:11-5.1 is unconstitutional. On October 17, 2005, defendant conditionally pled ... single count of knowingly leaving the scene of the accident, N.J.S.A. 2C:11-5.1, preserving his right to pursue his challenge of the ... court's reasons for rejecting defendant's constitutional challenge to N.J.S.A. 2C:11-5.1 force a driver who has been involved in ...
docket: A3026-05
court: NJ Superior Court Appellate Division
decided: 2007-08-14
status: published
citation: 395 N.J. Super. 533 929 A.2d 1130
Document Size: 68211
8 STATE OF NEW JERSEY v. LUIS HERNANDEZ -- rank: 844
... degree death by auto within 1000 feet of a school, N.J.S.A. 2C:11-5(b)(3) (count one); third-degree leaving the scene of ... resulting in death while his driver's license was suspended, N.J.S.A. 2C:11-5.1 (count two); third-degree operating a motor vehicle involved ... by auto occurs when an actor drives a vehicle recklessly. N.J.S.A. 2C:11-5(a). Vehicular homicide was upgraded to a second-degree offense ... narcotic or while his or her driving privileges were suspended. N.J.S.A. 2C:11-5(b)(1). Moreover, the second-degree offense turns into a ... A. 39:4-50, within 1000 feet of school property. N.J.S.A. 2C:11-5(b)(3)(a). Pursuant to N.J.S.A. 2C ... with a charge of manslaughter. F ormer subsection (d) of N.J.S.A. 2C:11-5 provided that "[i]f an indictment for manslaughter is ...
docket: a5489-07
court: NJ Superior Court Appellate Division
decided: 2011-04-05
status: unpublished
citation:
Document Size: 49158
9 State v. Michelle Lodzinski -- rank: 834
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest ...
docket: a-50-19
court: NJ Supreme Court
decided: 2021-05-26
status:
citation:
Document Size: 166357
10 State v. John J. Lawless, Jr. -- rank: 834
... degree vehicular homicide within 1,000 feet of school property, N.J.S.A. 2C:11-5, third-degree causing death while driving with a suspended license ... violations of N.J.S.A. 2C:11-4(a), N.J.S.A. 2C:11-5 and N.J.S.A. 2C:40-22(a) arose ... convicted by a jury of two counts of vehicular homicide, N.J.S.A. 2C:11-5, and two counts of assault by auto, N.J.S ... S.A. 2C:11-4(a), and death by auto, N.J.S.A. 2C:11-5, after a motor vehicle accident that killed another driver. Radziwil ...
docket: A-89-11
court: NJ Supreme Court
decided: 2013-07-22
status:
citation:
Document Size: 82974
11 /usr/local/share/www/libweb/collections/courts/supreme/a-9-10-19.opn.html -- rank: 831
... emphasis added). Gomes pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11- 5. At his plea hearing, Gomes admitted that he drove under ... recklessly while intoxicated is he answerable for vehicular homicide, see N.J.S.A. 2C:11-5. Tort standards and criminal statutes are not necessarily 33 co ...
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Document Size: 78028
12 /usr/local/share/www/libweb/collections/courts/appellate/a0805-18.opn.html -- rank: 823
... instruct the jury on death by auto or vessel under N.J.S.A. 2C:11-5, as an included offense. We disagree. '[A]ppropriate and proper ... 4(b)(1) and third-degree death by auto under N.J.S.A. 2C:11-5. Ibid. The court held that the instructions were confusing and ... lesser-included offense. [Jiminez, 257 N.J. Super. at 576; N.J.S.A. 2C:11-5(d), as amended by L. 1988, c. 75.] However, in 1995, the Legislature again amended N.J.S.A. 2C:11-5. The 1995 amendments renamed the offense of death by auto ... degree or third-degree offense, and deleted the language in N.J.S.A. 2C:11-5(d) that stated death by auto or vessel shall be ... jury on death by auto or vessel. The amendment to N.J.S.A. 2C:11-5 enacted in 1995 makes clear that death by auto ...
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Document Size: 48523
13 State v. Traci E. Stanton -- rank: 818
... greater, during which the defendant shall be ineligible for parole.” N.J.S.A. 2C:11-5. In addition, the police issued defendant summonses for several motor ... a fact not required for the proof of [vehicular homicide], N.J.S.A. 2C:11-5.” DeLuca , supra , 108 N.J. at 108. Rather than being ... and common sense incorporate a description of the forbidden conduct. N.J.S.A. 2C:11-5 sets forth three entirely separate vehicular homicide offenses, each describing ... impermissibly “created” a criminal offense in my structural dissection of N.J.S.A. 2C:11-5 is wide of the mark. Every act of statutory interpretation ... causing Smith’s death. Stanton was charged with vehicular homicide, N.J.S.A. 2C:11-5, a second-degree crime, and several motor vehicle offenses, including ...
docket: a-7-01
court: njsupreme
decided: 2003-04-17
status:
citation: 176 N.J. 75
Document Size: 118185
14 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 815
... seq. (Criminal Homicide), except death by auto as specified in [ N.J.S.A.] 2C:11-5; [ N.J.S.A.] 2C:13-1 (Kidnapping); section 1 ... death by auto as specified 4 A-1730-16T3 in [ N.J.S.A.] 2C:11-5 and strict liability vehicular homicide as specified in section 1 of [N.J.S.A. 2C:11-5.3]; [ N.J.S.A.] 2C:13-1 (Kidnapping); section ...
docket: a1730-16
court: NJ Superior Court Appellate Division
decided: 2018-02-26
status: unpublished
citation:
Document Size: 72419
15 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 810
... accusation charging him with third degree strict liability vehicular homicide. N.J.S.A. 2C:11-5.3a. Consistent with the terms of the plea agreement, the ... inapplicable to this case as a matter of law because N.J.S.A. 2C:11-5.3d provides: 'It shall not be a defense to a ... appeal, defendant argues the sentencing judge misconstrued the scope of N.J.S.A. 2C:11-5.3d when he held he was per se precluded from ... 57, 70 (2014). A plain reading of the text in N.J.S.A. 2C:11-5.3d shows the Legislature intended to prohibit a defendant from ... Office charged defendant with third degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3a, and driving a vehicle while intoxicated (DWI), N.J ... We are thus compelled to remand this matter for resentencing. N.J.S.A. 2C:11-5.3a became effective on July 21, 2017, sixty-three ...
docket: a4905-17
court: NJ Superior Court Appellate Division
decided: 2020-04-06
status: Published
citation:
Document Size: 28229
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