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  • Commentaries
  • Judgments

New Jersey Case Commentaries

Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro

Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro

Date: Jan 30, 2008
Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro Introduction In the landmark case of State of New Jersey v. William J. Allegro, the Supreme...
Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz

Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz

Date: Jan 29, 2008
Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz Introduction State of New Jersey v. George Jenewicz is a landmark case adjudicated by the Supreme...
Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard

Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard

Date: Jan 19, 2008
Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard Introduction The case of Russell T. Kivler, an attorney admitted to practice law in New Jersey since 1973, presents a...
Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination

Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination

Date: Dec 21, 2007
Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination Introduction In the landmark case of State of New Jersey v. Michael A. O'Neill (193 N.J. 148), the...
Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies

Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies

Date: Dec 13, 2007
Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies Introduction Robert Maglies v. Estate of Bertha Guy, 193 N.J. 108 (2007), is a landmark...
New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases

New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases

Date: Nov 9, 2007
New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases Introduction In the landmark case of State of New Jersey v. Jane H. Chun et al....
STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b)

STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b)

Date: Nov 6, 2007
STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b) Introduction State of New Jersey v. Thomas Lykes is a pivotal case adjudicated by the Supreme Court of...
Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case

Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case

Date: Sep 7, 2007
Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case Introduction The case International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck...
Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti

Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti

Date: Aug 1, 2007
Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti Introduction The case of Tracey A. Johnson and Christopher Johnson, Her Husband, Plaintiffs-Respondents, v. Benedict A....
Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of NJ v. Elders

Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of NJ v. Elders

Date: Jul 31, 2007
Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of New Jersey v. Elders Introduction In the landmark case of State of New Jersey v. Elders, the Supreme Court...
Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS

Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS

Date: Jul 27, 2007
Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS Introduction The case of STATE OF NEW JERSEY v. RONALD BURNS, decided by the Supreme Court...
Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations

Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations

Date: Jul 27, 2007
Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations Introduction The case of Twin Rivers Homeowners' Association (TRHA) v. Committee for a Better Twin Rivers (CBTR)...
Supreme Court of NJ Reaffirms Pukowsky Test: Broadening Employee Definition under CEPA

Supreme Court of NJ Reaffirms Pukowsky Test: Broadening Employee Definition under CEPA

Date: Jul 26, 2007
Supreme Court of New Jersey Reaffirms Pukowsky Test: Broadening Employee Definition under CEPA Introduction The case of George D'Annunzio v. Prudential Insurance Company of America (Supreme Court of...
Establishing Strickland Standard for Effective Counsel in Parental Termination Proceedings

Establishing Strickland Standard for Effective Counsel in Parental Termination Proceedings

Date: Jul 26, 2007
Establishing Strickland Standard for Effective Counsel in Parental Termination Proceedings Introduction The Supreme Court of New Jersey, in the landmark case New Jersey Division of Youth and Family...
Municipal Vicarious Liability for Retaliatory Termination: STOMEL v. CITY OF CAMDEN

Municipal Vicarious Liability for Retaliatory Termination: STOMEL v. CITY OF CAMDEN

Date: Jul 26, 2007
Municipal Vicarious Liability for Retaliatory Termination: STOMEL v. CITY OF CAMDEN Introduction The case of Elliot S. STOMEL v. CITY OF CAMDEN, adjudicated by the Supreme Court of New Jersey on July...
Redefining Traumatic Events in Accidental Disability Retirement: Richardson v. Board of Trustees

Redefining Traumatic Events in Accidental Disability Retirement: Richardson v. Board of Trustees

Date: Jul 25, 2007
Redefining Traumatic Events in Accidental Disability Retirement: Richardson v. Board of Trustees Introduction In the landmark case of Stewart A. Richardson v. Board of Trustees, Police and Firemen's...
Termination of Public Employee for Severe Misconduct: In re Tammy Herrmann

Termination of Public Employee for Severe Misconduct: In re Tammy Herrmann

Date: Jul 17, 2007
Termination of Public Employee for Severe Misconduct: In re Tammy Herrmann Introduction In the Matter of Tammy Herrmann (192 N.J. 19), adjudicated by the Supreme Court of New Jersey on July 16, 2007,...
Obstruction as an Intervening Act: Preserving Evidence Post-Unconstitutional Stop

Obstruction as an Intervening Act: Preserving Evidence Post-Unconstitutional Stop

Date: Jul 13, 2007
Obstruction as an Intervening Act: Preserving Evidence Post-Unconstitutional Stop Introduction State of New Jersey v. Marcellus R. Williams is a landmark decision by the Supreme Court of New Jersey...
Protective Parenting: NJ Supreme Court Clarifies Standards for Terminating Parental Rights

Protective Parenting: NJ Supreme Court Clarifies Standards for Terminating Parental Rights

Date: Jul 10, 2007
Protective Parenting: NJ Supreme Court Clarifies Standards for Terminating Parental Rights Introduction In the landmark case New Jersey Division of Youth and Family Services v. G.L., 191 N.J. 596...
Supreme Court Upholds Termination in Police Misconduct Case: Carter v. Bordentown

Supreme Court Upholds Termination in Police Misconduct Case: Carter v. Bordentown

Date: Jun 21, 2007
Supreme Court Upholds Termination in Police Misconduct Case: Carter v. Bordentown Introduction In the landmark case of John Carter v. Township of Bordentown, the Supreme Court of New Jersey addressed...
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