New Jersey Case Commentaries

Consideration of Post-Sentencing Rehabilitation in Resentencing Proceedings: State v. Randolph

Date: Jun 19, 2012

Consideration of Post-Sentencing Rehabilitation in Resentencing Proceedings: State v. Randolph Introduction In the landmark case of State of New Jersey v. Buddy Randolph, 210 N.J. 330 (2012), the...

State v. J.A.C.: Strengthening Victim Privacy Protections under New Jersey's Rape Shield Law

Date: Jun 15, 2012

State v. J.A.C.: Strengthening Victim Privacy Protections under New Jersey's Rape Shield Law Introduction The case of State of New Jersey v. J.A.C. (210 N.J. 281) represents a significant judicial...

Mazdabrook Commons v. Khan: New Precedent on Free Speech in Homeowners' Associations

Date: Jun 14, 2012

Mazdabrook Commons v. Khan: New Precedent on Free Speech in Homeowners' Associations Introduction The case of Mazdabrook Commons Homeowners' Association v. Wasim Khan (210 N.J. 482) represents a...

Clarifying Regulation N.J.A.C. 5:80–26.18(e): Voidance of Excessive Loans in Affordable Housing Transactions

Date: May 23, 2012

Clarifying Regulation N.J.A.C. 5:80–26.18(e): Voidance of Excessive Loans in Affordable Housing Transactions Introduction The landmark decision in US Bank, N.A. v. Nikia Hough, 210 N.J. 187 (2012),...

Presumed Damages in Private Defamation Cases: Insights from W.J.A. v. D.A.

Date: May 22, 2012

Presumed Damages in Private Defamation Cases: Insights from W.J.A. v. D.A. Introduction The case of W.J.A. v. D.A., decided by the Supreme Court of New Jersey on May 21, 2012, explores the ongoing...

State v. Santos: Impact on Telephonic Testimony and Retroactivity of Padilla in Post-Conviction Relief Proceedings

Date: May 9, 2012

State v. Santos: Impact on Telephonic Testimony and Retroactivity of Padilla in Post-Conviction Relief Proceedings Introduction State of New Jersey v. Juan Pablo Santos (210 N.J. 129) is a pivotal...

Supreme Court of New Jersey Upholds Legislative Authority to Modify Public School Administrators' Benefits

Date: May 4, 2012

Supreme Court of New Jersey Upholds Legislative Authority to Modify Public School Administrators' Benefits Introduction The case New Jersey Association of School Administrators et al. v. Schundler et...

Empowering the Jury in Evaluating Party-Opponent Hearsay Statements: Insights from Konop v. Rosen

Date: Apr 26, 2012

Empowering the Jury in Evaluating Party-Opponent Hearsay Statements: Insights from Konop v. Rosen Introduction In the landmark case of Adele Konop and Richard Konop v. Ellen J. Rosen, M.D. (425 N.J....

Enhanced Immunity for 911 Operators Under N.J.S.A. 52:17C–10

Date: Mar 9, 2012

Enhanced Immunity for 911 Operators Under N.J.S.A. 52:17C–10 Introduction The case of Paris Wilson, an infant by his Guardian Ad Litem, Sonya Manzano, and D'Artagnan Manzano, Indi v. City of Jersey...

Non-Delegable Duty in Care of Developmentally Disabled: Devereux v. Davis

Date: Mar 1, 2012

Non-Delegable Duty in Care of Developmentally Disabled: Devereux v. Davis Introduction The case of Vandella Davis, as Guardian Ad Litem for Roland DAVIS v. DEVEREUX FOUNDATION et al. was adjudicated...

Effective Assistance of Counsel in Immigration Consequences: The State of New Jersey v. Frensel Gaitan & Rohan Goulbourne

Date: Feb 29, 2012

Effective Assistance of Counsel in Immigration Consequences: The State of New Jersey v. Frensel Gaitan & Rohan Goulbourne Introduction In the landmark decision of State of New Jersey v. Frensel...

Affirming the Actual Malice Standard in Defamation Claims: Durando and Dotoli v. The Nutley Sun

Date: Feb 29, 2012

Affirming the Actual Malice Standard in Defamation Claims: Durando and Dotoli v. The Nutley Sun Introduction In the seminal case of Durando and Dotoli v. The Nutley Sun, the Supreme Court of New...

Strict Compliance with Fair Foreclosure Act Notice Requirements Affirmed and Expanded

Date: Feb 28, 2012

Strict Compliance with Fair Foreclosure Act Notice Requirements Affirmed and Expanded Introduction In the landmark case US Bank National Association, as Trustee for CSAB Mortgage–Backed Pass–Through...

Admissibility of Remote Criminal Convictions via Intervening Disorderly Offenses – STATE v. HARRIS

Date: Feb 28, 2012

Admissibility of Remote Criminal Convictions via Intervening Disorderly Offenses – STATE v. HARRIS Introduction State v. Derrick Harris, Sr. is a pivotal case adjudicated by the Supreme Court of New...

Limitation on Multiple Extended-Term Sentences in Separate Proceedings Established in STATE of New Jersey v. Hudson

Date: Feb 7, 2012

Limitation on Multiple Extended-Term Sentences in Separate Proceedings Established in STATE of New Jersey v. Hudson Introduction In the landmark decision of STATE of New Jersey v. Hudson, 209 N.J....

Premises Liability: Reaffirming Duty to Licensee Police Officers in Unsafe Conditions

Date: Feb 3, 2012

Premises Liability: Reaffirming Duty to Licensee Police Officers in Unsafe Conditions Introduction The case of Willie C. Rowe and Karen Rowe v. Mazel Thirty, LLC and 40–50 Lenox Realty Associates,...

Admissibility of Police Officer Testimony in Photo Arrays: Clarification Post Lazo

Date: Feb 2, 2012

Admissibility of Police Officer Testimony in Photo Arrays: Clarification Post Lazo 1. Introduction The case of State of New Jersey v. Danny Lazo (209 N.J. 9, 2012) marks a significant development in...

Limitations on Physician Assistants' Authority to Perform Electrodiagnostic Tests: Insights from Selective Insurance Company of America v. Arthur C. Rothman

Date: Jan 20, 2012

Limitations on Physician Assistants' Authority to Perform Electrodiagnostic Tests: Insights from Selective Insurance Company of America v. Arthur C. Rothman Introduction The case of Selective...

Supreme Court Sets Clear Standards for Public Entity Liability under New Jersey Tort Claims Act

Date: Jan 19, 2012

Supreme Court Sets Clear Standards for Public Entity Liability under New Jersey Tort Claims Act Introduction The Supreme Court of New Jersey, in the landmark decision of Donald T. POLZO v. COUNTY OF...

Totality of Circumstances Approach Affirmed for Determining Invocation of Right to Silence

Date: Jan 13, 2012

Totality of Circumstances Approach Affirmed for Determining Invocation of Right to Silence Introduction In the landmark case of State of New Jersey v. Demetrius Diaz-Bridges, (208 N.J. 544, 2012),...

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