New Jersey Case Commentaries

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.

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

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

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

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

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.

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

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

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,...

Collateral Estoppel Bars CEPA Retaliation Claims in Public Employment Discipline

Date: Sep 14, 2012

Collateral Estoppel Bars CEPA Retaliation Claims in Public Employment Discipline Introduction In the landmark case of Winters v. North Hudson Regional Fire and Rescue, the Supreme Court of New Jersey...

Parenting Coordinator Appointment Must Adhere to Supreme Court Guidelines: Milne v. Goldenberg

Date: Sep 13, 2012

Parenting Coordinator Appointment Must Adhere to Supreme Court Guidelines: Milne v. Goldenberg Introduction Katherine Milne v. Robert Goldenberg is a pivotal appellate decision from the Superior...

Protection Against Self-Incrimination in Quasi-Criminal Proceedings: State of New Jersey v. Manaf Stas

Date: Sep 13, 2012

Protection Against Self-Incrimination in Quasi-Criminal Proceedings: State of New Jersey v. Manaf Stas Introduction State of New Jersey v. Manaf Stas (212 N.J. 37) is a landmark judgment by the...

Termination of Parental Rights under N.J.S.A. 30:4C-15(c): Insights from DYFS v. F.M.

Date: Aug 15, 2012

Termination of Parental Rights under N.J.S.A. 30:4C-15(c): Insights from DYFS v. F.M. Introduction The case of New Jersey Division of Youth and Family Services (DYFS) v. F.M. serves as a pivotal...

STATE v. JACKSON: Defining 'Substantial Confinement' in NJ Kidnapping and Limits on Prosecutorial Remarks

Date: Aug 14, 2012

STATE v. JACKSON: Defining 'Substantial Confinement' in NJ Kidnapping and Limits on Prosecutorial Remarks Introduction In the landmark case State of New Jersey v. Norman Jackson, the Supreme Court of...

Application of Kentucky Discovery Rule and Federal Preemption in Product Liability: Cornett v. Johnson & Johnson and Cordis Corp.

Date: Aug 10, 2012

Affirmation of Kentucky Discovery Rule Application and Federal Preemption in Product Liability Litigation: Cornett v. Johnson & Johnson and Cordis Corp. Introduction The case of Vonnie Cornett v....

Recovery of Fees by Parenting Coordinators in Grievance Proceedings: N.J. Supreme Court Sets New Precedent

Date: Aug 3, 2012

Recovery of Fees by Parenting Coordinators in Grievance Proceedings: N.J. Supreme Court Sets New Precedent Introduction The case of Moses Segal v. Cynthia Lynch, adjudicated by the Supreme Court of...

Singleton v. State of New Jersey: Reaffirmation of the Narrow Deific-Command Exception in the Insanity Defense

Date: Jul 31, 2012

Singleton v. State of New Jersey: Reaffirmation of the Narrow Deific-Command Exception in the Insanity Defense Introduction In State of New Jersey v. Boyce Singleton, Jr. (211 N.J. 157, 2012), the...

State v. Edmonds: Reinforcing the Limits of Warrantless Home Searches under Emergency-Aid and Community-Caretaking Doctrines

Date: Jul 27, 2012

State v. Edmonds: Reinforcing the Limits of Warrantless Home Searches under Emergency-Aid and Community-Caretaking Doctrines Introduction In State of New Jersey v. Shareef Edmunds, the Supreme Court...

Supreme Court of New Jersey Upholds OPMA Compliance Standards for Public Bodies

Date: Jul 26, 2012

Supreme Court of New Jersey Upholds OPMA Compliance Standards for Public Bodies Introduction In the landmark case of Francis J. McGovern, Jr., Esq. v. Rutgers, the State University of New Jersey, the...

Fundamental Fairness in Terminating Parental Rights: Reversal in M.G. v. Division of Youth and Family Services

Date: Jul 24, 2012

Fundamental Fairness in Terminating Parental Rights: Reversal in M.G. v. Division of Youth and Family Services Introduction The case of M.G. v. Division of Youth and Family Services (DYFS), decided...