Does anybody know of any sites where I can get free "Case Law" info.from?

I need a copy of:

Salvador v. Dept. of Corrections, 378 N.J. Super. 467,49 (App.Div.), certif. 185 N.J. 295 (2005).

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  • 1 decade ago
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    There are a few free web sites for case law (including findlaw) but they generally only have the higher state court cases and federal cases. You can also go to the court's web site and sometimes they have decisions there. For other cases and legal materials, you can also try Cornell's web site which maintains a limited free case law database: http://www.law.cornell.edu/co.html, and Washburn Law School's legal resources website: http://www.washburn.edu/washburn/gen/washburn_gene...

    I was able to pull the 2 cases for you so I've copied and pasted them below. The substantive opinion (378 NJ Super 467) is first and the certification case is second.

    FIRST CASE

    378 N.J.Super. 467, 876 A.2d 309

    Superior Court of New Jersey,

    Appellate Division.

    Roberto SALVADOR, Appellant,

    v.

    DEPARTMENT OF CORRECTIONS, Respondent.

    Submitted June 8, 2005.

    Decided June 22, 2005.

    Background: Inmate sentenced under No Early Release Act (NERA) sought judicial review of administrative determination of Department of Corrections denying his application for commutation and work credits against his period of parole.

    Holdings: The Superior Court, Appellate Division, Newman, P.J., held that:

    (1) inmate was not entitled to credit against his period of parole supervision for commutation credit, and

    (2) inmate's claim of entitlement to work credits was premature.

    Affirmed.

    West Headnotes

    [1] KeyCite Notes

    284 Pardon and Parole

    284II Parole

    284k67 k. Effect of Parole; Duration. Most Cited Cases

    Inmate sentenced under No Early Release Act (NERA) was not entitled to credit against his period of parole supervision for commutation credit. N.J.S.A. 2C:43-7.2(c).

    [2] KeyCite Notes

    284 Pardon and Parole

    284II Parole

    284k67 k. Effect of Parole; Duration. Most Cited Cases

    Person convicted of a No Early Release Act (NERA) offense must serve a five-year term of parole supervision. N.J.S.A. 2C:43-7.2(c).

    [3] KeyCite Notes

    310 Prisons

    310k15 Reduction of Term of Imprisonment and Discharge for Good Conduct

    310k15(4) k. Computation of Credit. Most Cited Cases

    Inmate's claim of entitlement to work credits was premature, where inmate sought credits prior to expiration of his mandatory minimum term. N.J.S.A. 30:4-123.51(a), 30:4-92.

    **310 *468 Roberto Salvador, appellant pro se.

    Peter C. Harvey, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Lisa A. Puglisi, Deputy Attorney General, on the brief).

    Before Judges NEWMAN, AXELRAD and BILDER.

    The opinion of the court was delivered by

    NEWMAN, P.J.A.D.

    This is an appeal by Roberto Salvador, an inmate at East Jersey State Prison, serving a prison term with an eighty-five percent mandatory minimum pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(c), from the denial by the Department of Corrections of his application to have commutation and work credits which, because of the minimum term, cannot be credited to reduce his period of incarceration, awarded instead to reduce his parole period and/or to form a basis for monetary compensation.

    On December 17, 1999 Salvador, having pled guilty to a charge of robbery, N.J.S.A. 2C:15-1, was sentenced to a term of ten years with a NERA minimum of eight years, six months and two days and a five year term of parole supervision upon release. He received ninety-two days jail credit.FN1

    FN1. The judgment of conviction recites ninety-one days but the Department of Corrections has credited Salvador with ninety-two days for time spent in custody prior to sentencing.

    In accordance with its normal practice, the Department of Corrections calculated and gave Salvador 966 days of commutation *469 credits to which he would be entitled on his ten year sentence. In addition he has earned 220 days of work credits. Because of the minimum term, these credits cannot reduce his period of incarceration below the eight years, six months and two days. Salvador's mandatory minimum term expires on March 18, 2008.

    [1] Here, Salvador does not request a reduction of his mandatory eighty-five percent minimum term under NERA. Nor can he do so under our prior decision. See Meyer v. New Jersey State Parole Bd., 345 N.J.Super. 424, 430, 785 A.2d 465 (App.Div.2001), certif. denied, 171 N.J. 339, 793 A.2d 717 (2002) (holding that the clear and unambiguous mandate of the Legislature requires a person convicted of NERA offense to serve the eighty-five percent of the sentence imposed before becoming eligible for release). However, in Meyer we left open the question of whether any credit awarded to an inmate can be applied to reduce a period of parole supervision. We are now called upon to address that issue.

    [2] N.J.S.A. 2C:43-7.2(c) unequivocally states that

    [A] court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole **311 supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree.

    [ (Emphasis added) ].

    Comparable to the eighty-five percent mandatory parole ineligibility requirement, NERA offenders are subject to a mandatory five-year period of parole supervision. We repeat our position stated in Meyer, supra. In our view, the Legislature has spoken in clear and unambiguous terms that a person convicted of a NERA offense must serve a five-year term of parole supervision. To adopt Salvador's view would be inconsistent with that clear legislative intent.

    Salvador cites State v. Freudenberger, 358 N.J.Super. 162, 817 A.2d 371 (App.Div.2003) for the implicit proposition that credits earned by inmates may be applied towards the period of parole supervision. Not so. Specifically, Salvador points to our statement that “[m]ost NERA inmates will accumulate sufficient credits *470 to ‘max out’ and be released immediately upon completion of their 85 parole bar.” Id. at 169, 817 A.2d 371. This continues to be true. Commutation credits earned by inmates can be applied towards the remaining fifteen percent of their sentence. Thereafter they are released from incarceration. However, pursuant to N.J.S.A. 2C:43-7.2(c), defendant remains in “release status in the community in the legal custody of Commissioner of the Department of Corrections and shall be supervised by the State Parole Board” for the mandatory five-year term. Freudenberger does not lend any support to the reduction of the mandatory period of parole supervision.

    We recognize the incongruity between receiving commutation credits and the mandatory sentences of NERA. However, it is beyond our authority to provide a remedy in this situation. We must presume that the Legislature is familiar with its own enactments and consequences. State v. Austin, 335 N.J.Super. 486, 491, 762 A.2d 1052 (App.Div.2000), certif. denied, 168 N.J. 294, 773 A.2d 1157 (2001). As such, we are bound by the legislative enactment and must deny defendant's request to reduce his term of parole supervision by his commutation credit.

    [3] With respect to the work credits, Salvador's claim is premature. “[C]ommutation and work credits shall not in any way reduce any judicial or statutory mandatory minimum term and such credits accrued shall only be awarded subsequent to the expiration of the term.” N.J.S.A. 30:4-123.51(a) (emphasis added). The work credits will be awarded at the expiration of his mandatory minimum term. At that time he may be entitled to payment for work he performs for which he does not receive the benefit of remission of his sentence. N.J.S.A. 30:4-92.

    Affirmed.

    N.J.Super.A.D.,2005.

    Salvador v. Dept. Of Corrections

    378 N.J.Super. 467, 876 A.2d 309

    END OF DOCUMENT

    Second Case (Certification)

    185 N.J. 295, 884 A.2d 1265 (Table)

    (The decision of the Court is referenced in the Atlantic Reporter in a table captioned “Supreme Court of New Jersey Table of Petitions for Certification”.)

    Supreme Court of New Jersey

    Roberto Salvador

    v.

    Department of Corrections

    NOS. C-161 SEPT.TERM 2005, 58,325

    October 07, 2005

    Lower Court Citation or Number: 378 N.J.Super., 467, 876 A.2d 309

    Disposition: Denied.

    N.J. 2005.

    Salvador v. Department of Corrections

    185 N.J. 295, 884 A.2d 1265 (Table)

    END OF DOCUMENT

  • Anonymous
    1 decade ago

    Go to your closest law library. There are many databases that will provide them, but you usually need a subscription.

  • 1 decade ago

    Here are 2 sites I found that might be helpful to you:

    http://www.lexisone.com/caselaw/freecaselaw

    and

    http://www.findlaw.com/

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  • 1 decade ago

    freecaselaw.com

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