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26 New Jersey opinions name it 2 courts 1958–2024 6 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Richard Perez (072624)green2 sentences2021Super. 303, 313 (App. Div. 2016), where we held that "the fifteen-year period for termination of Megan's Law . . . compliance [commences upon] imposition of the registration requirement." In sum, the court determined that P.C.'s "[fifteen]-year requirement . . . commenced with his sentencing in 1999 and ended with his 2002 . . . conviction for failure to register" and therefore, P.C. was "ineligible for termination of his Megan['s] Law requirements." The court concluded, however, that P.C. was eligible to be relieved of his CSL requirement under the terms of N.J.S.A. 2C:43-6.4(c).2 The court e 2021State v. Perez, 220 N.J. 423, 440 (2015) (describing the registration requirement as an “administrative obligation” distinct from a punitive consequence); see also Riley v. State Parole Bd., 219 N.J. 270, 297 (2014) (referring to Megan’s Law as a “nonpunitive civil statute”); In re Commitment of J.M.B., 197 N.J. 563, 601 (2009) (describing Megan’s Law as a “remedial, non-punitive statute[]”). | 2 | 2 |
Delaware v. Prousegreen2 sentences2018Super. 349 , 360, 655 A.2d 461 (App. Div. 1995) ); see also Prouse , 440 U.S. at 658 , 99 S.Ct. 1391 ("The registration requirement ... [is] designed to keep dangerous automobiles off the road."). 2018Super. 349 , 360, 655 A.2d 461 (App. Div. 1995) ); see also Prouse , 440 U.S. at 658 , 99 S.Ct. 1391 ("The registration requirement ... [is] designed to keep dangerous automobiles off the road."). | 2 | 2 |
Nippert v. City of Richmondgreen2 sentences1976See generally, Nippert v. City of Richmond, 327 U. S. 416 , 66 S. Ct. 586 , 90 L. 1976See generally, Nippert v. City of Richmond, 327 U. S. 416 , 66 S. Ct. 586 , 90 L. | 2 | 2 |
Doe v. Poritzgreen2 sentences2012AC.’s constitutional arguments, however, are at odds with the Supreme Court’s holding in Doe v. Poritz, 142 N.J. 1, 12-13 , 662 A.2d 367 (1995), that Megan’s Law is not a criminal statute and sex offender registration is not “punishment.” In J.G., the Court extended that holding to Megan’s Law as applied to juvenile offenders, although it limited the registration requirement somewhat as a matter of statutory construction. 2012AC.’s constitutional arguments, however, are at odds with the Supreme Court’s holding in Doe v. Poritz, 142 N.J. 1, 12-13 , 662 A.2d 367 (1995), that Megan’s Law is not a criminal statute and sex offender registration is not “punishment.” In J.G., the Court extended that holding to Megan’s Law as applied to juvenile offenders, although it limited the registration requirement somewhat as a matter of statutory construction. | 1 | 6 |
Matter of CAgreen2 sentences2021See In re C.A., 146 N.J. 71, 86 (1996) (holding that the seriousness of past convictions is properly considered under a Megan's Law risk of re-offense assessment, as are non-conviction offenses "provided there is sufficient evidence that the offense occurred."). 2015IMO Registrant C.A., 146 N.J. 71, 82 , 679 A.2d 1153 (1996). | 1 | 2 |
Jackson v. Dept. of Correctionsgreen1 sentence2024Standing, ripeness and mootness, however, are justiciability doctrines, Jackson v. Dep't of Corr., 335 N.J. | 1 | 1 |
Iuso v. Capehartgreen1 sentence2024"Under the provisions of N.J.S.A. 46:8-33 no judgment for possession may be entered unless the landlord has complied with the registration requirement." Iuso v. Capehart, 140 N.J. | 1 | 1 |
State v. Osborngreen1 sentence2024It solely rests upon the court's having been granted such power by the Constitution or by valid legislation, and cannot be vested by agreement of the parties." [Ibid. (italicization omitted) (quoting State v. Osborn, 32 N.J. 117, 122 (1960)).] There is no question the New Jersey Superior Court has jurisdiction to hear a motion to terminate a registration requirement, as its authority is plain in the statute. | 1 | 1 |
In Re the Civil Commitment of J.M.B.green2 sentences2021State v. Perez, 220 N.J. 423, 440 (2015) (describing the registration requirement as an “administrative obligation” distinct from a punitive consequence); see also Riley v. State Parole Bd., 219 N.J. 270, 297 (2014) (referring to Megan’s Law as a “nonpunitive civil statute”); In re Commitment of J.M.B., 197 N.J. 563, 601 (2009) (describing Megan’s Law as a “remedial, non-punitive statute[]”). 2021State v. Perez, 220 N.J. 423, 440 (2015) (describing the registration requirement as an “administrative obligation” distinct from a punitive consequence); see also Riley v. State Parole Bd., 219 N.J. 270, 297 (2014) (referring to Megan’s Law as a “nonpunitive civil statute”); In re Commitment of J.M.B., 197 N.J. 563, 601 (2009) (describing Megan’s Law as a “remedial, non-punitive statute[]”). | 1 | 1 |
State v. Bellamygreen1 sentence2021Noting that a defendant must be informed by counsel of only the direct or penal consequences of a guilty plea, see State v. Bellamy, 178 N.J. 127, 137 (2003), Judge Cronin concluded that the registration requirement, as well as the parameters of Walton's eligibility to seek termination of that requirement, were the direct consequence of his 1980 sexual assault conviction, not the 2013 plea. | 1 | 1 |
George C. Riley v. New Jersey State Parole Board (069327)green2 sentences2021Doe is the most relevant to the circumstances present here, and adherence to Doe’s determination that registration is not punitive should have precluded reliance on cases dealing with punitive consequences such as PSL, CSL, and the requirements of the Sex Offender Monitoring Act, see Riley v. State Parole Bd., 219 N.J. 270 (2014), in the context of a challenge predicated on the registration requirement. (pp. 22-25) 8. 2021State v. Perez, 220 N.J. 423, 440 (2015) (describing the registration requirement as an “administrative obligation” distinct from a punitive consequence); see also Riley v. State Parole Bd., 219 N.J. 270, 297 (2014) (referring to Megan’s Law as a “nonpunitive civil statute”); In re Commitment of J.M.B., 197 N.J. 563, 601 (2009) (describing Megan’s Law as a “remedial, non-punitive statute[]”). | 1 | 1 |
People v. Horngreen1 sentence2014This broad construction of the word “residence” in section 290, which necessarily means that an offender may have more than one residence for purposes of the registration requirement, gives effect to the purpose for which the statute was enacted, (citations omitted) [Id. at 417-18, 80 Cal.Rptr.2d 310.] Accord People v. Velasco, 66 Cal.App.4th 748 , 757, 78 Cal.Rptr.2d 259 (1998) (“It would be inconsistent with the fundamental purpose of this law to allow a sex offender to have two residences, one registered and one unregistered. | 1 | 1 |
In Re Registrant J.G.green2 sentences2012J.G., supra, 169 N.J. at 334-35, 338-39 , 777 A.2d 891 . 2012J.G., supra, 169 N.J. at 334-35, 338-39 , 777 A.2d 891 . | 1 | 1 |
In re Sarah Ann K.green1 sentence1998See Romero v. National Rifle Ass’n of Am., Inc., 749 A.2d 77, 78, 82 (D.C.Cir.1984) (holding that employee’s violation of a statute requiring that firearms be registered did not warrant a jury charge that the statutory violation was either per se negligence or even evidence of negligence, as the purpose of the registration requirement is not the prevention of criminal acts with stolen firearms). | 1 | 1 |
Summer v. Township of Teaneckgreen1 sentence1976See Summer v. Teaneck, supra, 53 N.J. at 554 ; Auto-Rite Supply Co. v. Mayor & Woodbridge Tp. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
LAKE VALLEY ASSO. v. Township
green
2 sentences2018We rejected arguments that "the registration requirement was a de facto licensing requirement and therefore invalid[,]" id. at 9, and concluded "[t]he (continued) 21 A-5067-15T3 Valley Associates, LLC v. Township Of Pemberton, 411 N.J. 2018In Lake Valley , we reviewed an ordinance that required the registration of all rental units and "at least one inspection every three years or upon change of occupancy[,]" 411 N.J. | 2 | 2018–2018 |
In Re Watford
green
2 sentences2011In support of that position, the State relies on a factually analogous California decision in In re Watford, 186 Cal.App.4th 684 , 112 Cal.Rptr.3d 522 (3d Dist.), review denied, 2010 Cal. LEXIS 10454 (2010). 3 In addition, the State contends that the doctrine of fundamental fairness is inapplicable in the present circumstances. 2011In support of that position, the State relies on a factually analogous California decision in In re Watford, 186 Cal.App.4th 684 , 112 Cal.Rptr.3d 522 (3d Dist.), review denied, 2010 Cal. LEXIS 10454 (2010). 3 In addition, the State contends that the doctrine of fundamental fairness is inapplicable in the present circumstances. | 2 | 2011–2011 |
State v. GL
neutral
1 sentence2024Id. at 161 . | 1 | 2024–2024 |
State v. Segars
green
1 sentence2019The term "motor vehicle" "includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles." Ibid. (emphasis added). | 1 | 2019–2019 |
State v. Kadelak
green
1 sentence2018Super. 349 , 360, 655 A.2d 461 (App. Div. 1995) ); see also Prouse , 440 U.S. at 658 , 99 S.Ct. 1391 ("The registration requirement ... [is] designed to keep dangerous automobiles off the road."). | 1 | 2018–2018 |
Dome Realty, Inc. v. City of Paterson
green
1 sentence2018Super. 501 (App. Div. 2010),17 and Dome Realty, Inc. v. Paterson, 83 N.J. 212 (1980)18 are distinguishable from the ordinances here. | 1 | 2018–2018 |
Rutgers University Student Assembly (Rusa) v. Middlesex County Board of Elections
green
2 sentences2016Ibid. 2016Ibid. 6 Perhaps recognizing this, plaintiffs assert that the registration requirement of N.J.S.A. 19:31-6.3(b) imposes an intolerable burden on individuals who become naturalized citizens within twenty-one days of an election, and upon citizens who are released from parole during this period, because they would have no opportunity to register to vote in that particular election. | 1 | 2016–2016 |
State v. Abshire
green
2 sentences2014Any such construction would be absurd on its face.”) Similarly, in North Carolina v. Abshire, 363 N.C. 322 , 677 S.E.2d 444 (2009), the North Carolina Supreme Court reversed the Court of Appeals’ decision that had overturned the defendant’s conviction for failure to register a change of address on the basis that the State failed to carry its burden that the defendant had changed her address. 2014Any such construction would be absurd on its face.”) Similarly, in North Carolina v. Abshire, 363 N.C. 322 , 677 S.E.2d 444 (2009), the North Carolina Supreme Court reversed the Court of Appeals’ decision that had overturned the defendant’s conviction for failure to register a change of address on the basis that the State failed to carry its burden that the defendant had changed her address. | 1 | 2014–2014 |
Lesniak v. Budzash
green
2 sentences2011The registration requirement is designed “ ‘to ensure that only eligible persons vote and [ ] that they vote only once.’ ” Lesniak v. Budzash, 133 N.J. 1, 9 , 626 A.2d 1073 (1993)(quoting Note, Developments-Election Law, 88 Harv. 2011The registration requirement is designed “ ‘to ensure that only eligible persons vote and [ ] that they vote only once.’ ” Lesniak v. Budzash, 133 N.J. 1, 9 , 626 A.2d 1073 (1993)(quoting Note, Developments-Election Law, 88 Harv. | 1 | 2011–2011 |
Gangemi v. Rosengard
green
2 sentences2011L.Rev. 1111, 1116 (1975)). “[Wjithout a suitable method to prepare an authentic list of qualified voters in advance of election day, the confusion at the polls and the opportunity for fraudulent ballots might jeopardize the election process.” Gangemi v. Rosengard, 44 N.J. 166, 172-73 , 207 A.2d 665 (1965). 2011L.Rev. 1111, 1116 (1975)). “[Wjithout a suitable method to prepare an authentic list of qualified voters in advance of election day, the confusion at the polls and the opportunity for fraudulent ballots might jeopardize the election process.” Gangemi v. Rosengard, 44 N.J. 166, 172-73 , 207 A.2d 665 (1965). | 1 | 2011–2011 |
State v. Kabayama
green
1 sentence1995Unquestionably, these provisions, properly administered, are essential elements in a highway safety program. [ Delaware v. Prouse, 440 U.S. at 658 , 99 S.Ct. at 1398-99 (emphasis added).] [8] *371 "In the common welfare, the State has an interest in regulating the use of its highways by requiring that vehicles traveling upon them be properly registered and that persons operating such vehicles be qualified to operate them safely." State v. Kabayama, 98 N.J. | 1 | 1995–1995 |
State v. Maguire
green
2 sentences1995We are required to "effectuate the legislative intent in light of the language used and the objects sought to be achieved." State v. Maguire, 84 N.J. 508, 514 , 423 A. 2d 294 (1980). 1995We are required to "effectuate the legislative intent in light of the language used and the objects sought to be achieved." State v. Maguire, 84 N.J. 508, 514 , 423 A. 2d 294 (1980). | 1 | 1995–1995 |
Moyant v. Borough of Paramus
green
1 sentence1976See generally, Nippert v. City of Richmond, 327 U.S. 416 , 66 S.Ct. 586 , 90 L.Ed. 760 (1946); Michigan Public Utilities Com. v. Duke, 266 U.S. 570 , 45 S.Ct. 191 , 69 L.Ed. 445 (1925); Collingswood v. Ringgold, supra, 66 *316 N.J. at 359-62; Moyant v. Paramus, supra, 30 N.J. at 550-52 ; Garneau v. Eggers, supra, 113 N.J.L. at 249-50. | 1 | 1976–1976 |
Michigan Public Utilities Commission v. Duke
green
2 sentences1976See generally, Nippert v. City of Richmond, 327 U.S. 416 , 66 S.Ct. 586 , 90 L.Ed. 760 (1946); Michigan Public Utilities Com. v. Duke, 266 U.S. 570 , 45 S.Ct. 191 , 69 L.Ed. 445 (1925); Collingswood v. Ringgold, supra, 66 *316 N.J. at 359-62; Moyant v. Paramus, supra, 30 N.J. at 550-52 ; Garneau v. Eggers, supra, 113 N.J.L. at 249-50. 1976See generally, Nippert v. City of Richmond, 327 U.S. 416 , 66 S.Ct. 586 , 90 L.Ed. 760 (1946); Michigan Public Utilities Com. v. Duke, 266 U.S. 570 , 45 S.Ct. 191 , 69 L.Ed. 445 (1925); Collingswood v. Ringgold, supra, 66 *316 N.J. at 359-62; Moyant v. Paramus, supra, 30 N.J. at 550-52 ; Garneau v. Eggers, supra, 113 N.J.L. at 249-50. | 1 | 1976–1976 |
Wright v. Lee
green
1 sentence1958Cf. also Wright v. Lee, 125 N.J.L. 256 ( Sup. Ct. 1940). *124 As a second point, plaintiff contends that defendant failed to notify him as required under N.J.S.A. 40:69 A -154 and give him proper opportunity to amend. | 1 | 1958–1958 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.