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  • Commentaries
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New Jersey Case Commentaries

State v. Walker: Upholding Exigent Circumstances and Probable Cause for Warrantless Home Entry in Controlled Substance Cases

State v. Walker: Upholding Exigent Circumstances and Probable Cause for Warrantless Home Entry in Controlled Substance Cases

Date: Apr 11, 2013
State v. Walker: Upholding Exigent Circumstances and Probable Cause for Warrantless Home Entry in Controlled Substance Cases Introduction State of New Jersey appealed the conviction of Rashad Walker...
East Rutherford PBA Local 275 Arbitration Award Affirmed: New Precedent on Collective Bargaining and Statutory Compliance

East Rutherford PBA Local 275 Arbitration Award Affirmed: New Precedent on Collective Bargaining and Statutory Compliance

Date: Mar 20, 2013
East Rutherford PBA Local 275 Arbitration Award Affirmed: New Precedent on Collective Bargaining and Statutory Compliance Introduction In BOROUGH OF EAST RUTHERFORD v. EAST RUTHERFORD PBA LOCAL 275,...
State v. Vargas: Reinforcing Constitutional Protections Against Warrantless Residential Searches

State v. Vargas: Reinforcing Constitutional Protections Against Warrantless Residential Searches

Date: Mar 19, 2013
State v. Vargas: Reinforcing Constitutional Protections Against Warrantless Residential Searches 1. Introduction The case of State of New Jersey v. Cesar Albert Vargas pivotal for clarifying the...
Attorney Inattention Insufficient for Extraordinary Circumstances in Late Tort Claim Filings: D.D. v. Rutgers et al.

Attorney Inattention Insufficient for Extraordinary Circumstances in Late Tort Claim Filings: D.D. v. Rutgers et al.

Date: Mar 13, 2013
Attorney Inattention Insufficient for Extraordinary Circumstances in Late Tort Claim Filings: D.D. v. Rutgers et al. Introduction In the landmark case of D.D., Plaintiff–Respondent, v. University of...
Tortious Interference in Attorney-Client Relationships: Analysis of Nostrame v. Nati

Tortious Interference in Attorney-Client Relationships: Analysis of Nostrame v. Nati

Date: Mar 12, 2013
Tortious Interference in Attorney-Client Relationships: Analysis of Nostrame v. Nati Introduction The case of Frank J. Nostrame v. Nati (213 N.J. 109), adjudicated by the Supreme Court of New Jersey...
Effective Assistance of Counsel and Deportation Consequences: Analyzing STATE v. BREWSTER

Effective Assistance of Counsel and Deportation Consequences: Analyzing STATE v. BREWSTER

Date: Feb 8, 2013
Effective Assistance of Counsel and Deportation Consequences: Analyzing STATE of New Jersey v. Moses A. Brewster Introduction In the case of STATE of New Jersey v. Moses A. Brewster, the Superior...
Reversed Precedent on Prenatal Drug Use: Supreme Court of New Jersey Rules Under Title 9

Reversed Precedent on Prenatal Drug Use: Supreme Court of New Jersey Rules Under Title 9

Date: Feb 7, 2013
Reversed Precedent on Prenatal Drug Use: Supreme Court of New Jersey Rules Under Title 9 Introduction In the landmark case New Jersey Department of Children and Families, Division of Youth and Family...
New Jersey Supreme Court Declares UFPA's Mandatory Arbitration Unconstitutional

New Jersey Supreme Court Declares UFPA's Mandatory Arbitration Unconstitutional

Date: Jan 25, 2013
New Jersey Supreme Court Declares UFPA's Mandatory Arbitration Unconstitutional Introduction In the landmark case of Jersey Central Power & Light Company v. Melcar Utility Company, the Supreme Court...
State v. Nash: Reinforcing the Importance of Newly Discovered Evidence in Post-Conviction Relief

State v. Nash: Reinforcing the Importance of Newly Discovered Evidence in Post-Conviction Relief

Date: Jan 23, 2013
State v. Nash: Reinforcing the Importance of Newly Discovered Evidence in Post-Conviction Relief Introduction State of New Jersey v. Askia Nash, 212 N.J. 518 (2013), represents a pivotal moment in...
Reaffirming the Jury's Role: Restrictions on Expert Testimony in Simple Drug Cases – State v. Sowell

Reaffirming the Jury's Role: Restrictions on Expert Testimony in Simple Drug Cases – State v. Sowell

Date: Jan 15, 2013
Reaffirming the Jury's Role: Restrictions on Expert Testimony in Simple Drug Cases – State v. Sowell Introduction State of New Jersey v. Ralph Sowell, 213 N.J. 89 (2013), adjudicated by the Supreme...
Reaffirming the Adequate Factual Basis for Guilty Pleas in Reckless Manslaughter: Insights from State v. Campfield

Reaffirming the Adequate Factual Basis for Guilty Pleas in Reckless Manslaughter: Insights from State v. Campfield

Date: Jan 11, 2013
Reaffirming the Adequate Factual Basis for Guilty Pleas in Reckless Manslaughter: Insights from State of New Jersey v. Campfield Introduction State of New Jersey v. Kevin M. Campfield is a landmark...
State v. Shaw: Restricting the Attenuation Doctrine in Unlawful Investigatory Stops

State v. Shaw: Restricting the Attenuation Doctrine in Unlawful Investigatory Stops

Date: Dec 14, 2012
State v. Shaw: Restricting the Attenuation Doctrine in Unlawful Investigatory Stops Introduction In State of New Jersey v. Don C. Shaw (213 N.J. 398, 2012), the Supreme Court of New Jersey addressed...
Right to Counsel in New Jersey Domestic Violence Proceedings: Insights from D.N. v. K.M.

Right to Counsel in New Jersey Domestic Violence Proceedings: Insights from D.N. v. K.M.

Date: Dec 12, 2012
Right to Counsel in New Jersey Domestic Violence Proceedings: Insights from D.N. v. K.M. Introduction The case of D.N., Plaintiff–Appellant, v. K.M., Defendant–Respondent (429 N.J. Super. 592)...
Deutsche Bank v. Russo: Establishing Timeliness and Standing Standards in New Jersey Foreclosure Law

Deutsche Bank v. Russo: Establishing Timeliness and Standing Standards in New Jersey Foreclosure Law

Date: Nov 15, 2012
Deutsche Bank v. Russo: Establishing Timeliness and Standing Standards in New Jersey Foreclosure Law Introduction The case of Deutsche Bank National Trust Company, as Trustee on behalf of HSI Asset...
State v. Smith: Upholding the Independent Source Exception in the Admissibility of Illicitly Obtained Telephone Records

State v. Smith: Upholding the Independent Source Exception in the Admissibility of Illicitly Obtained Telephone Records

Date: Oct 26, 2012
State v. Smith: Upholding the Independent Source Exception in the Admissibility of Illicitly Obtained Telephone Records Introduction In the landmark case State of New Jersey v. Stanley Cliff Smith...
Double Jeopardy Protections Prevent Post-Completion Amendments to Conviction Sentences: State v. Schubert

Double Jeopardy Protections Prevent Post-Completion Amendments to Conviction Sentences: State v. Schubert

Date: Oct 23, 2012
Double Jeopardy Protections Prevent Post-Completion Amendments to Conviction Sentences: State of New Jersey v. Joseph Schubert, Jr. Introduction State of New Jersey v. Joseph Schubert, Jr., 212 N.J....
Clark v. Clark: Egregious Marital Misconduct Can Preclude Alimony in New Jersey

Clark v. Clark: Egregious Marital Misconduct Can Preclude Alimony in New Jersey

Date: Oct 20, 2012
Clark v. Clark: Egregious Marital Misconduct Can Preclude Alimony in New Jersey Introduction The case Francis Nathaniel Clark v. Denise Lockwood Clark, decided by the Superior Court of New Jersey,...
Affirmation of Best Interests Standard in Termination of Parental Rights: NJ Div of Youth & Family Services v. L.J.D.

Affirmation of Best Interests Standard in Termination of Parental Rights: NJ Div of Youth & Family Services v. L.J.D.

Date: Oct 18, 2012
Affirmation of Best Interests Standard in Termination of Parental Rights: NJ Div of Youth & Family Services v. L.J.D. Introduction The case of New Jersey Division of Youth and Family Services v....
Right to Oral Argument in Post-Conviction Relief Petitions: STATE v. PARKER

Right to Oral Argument in Post-Conviction Relief Petitions: STATE v. PARKER

Date: Oct 17, 2012
Right to Oral Argument in Post-Conviction Relief Petitions: STATE v. PARKER Introduction In the landmark case of STATE of New Jersey v. Johnnie Parker, the Supreme Court of New Jersey addressed a...
R.W. v. D.B.: New Standards for Compelling Genetic Testing in Parentage Disputes

R.W. v. D.B.: New Standards for Compelling Genetic Testing in Parentage Disputes

Date: Oct 11, 2012
R.W. v. D.B.: New Standards for Compelling Genetic Testing in Parentage Disputes Introduction The case of R.W. v. D.B. (212 N.J. 232), adjudicated by the Supreme Court of New Jersey on October 10,...
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