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  • Commentaries
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New Jersey Case Commentaries

New Jersey Supreme Court Upholds Prior-Conviction Exception in Sentencing Enhancements

New Jersey Supreme Court Upholds Prior-Conviction Exception in Sentencing Enhancements

Date: Aug 3, 2006
New Jersey Supreme Court Upholds Prior-Conviction Exception in Sentencing Enhancements Introduction In the landmark case of State of New Jersey v. Chris Thomas (188 N.J. 137), decided on August 2,...
Mandate for Recording Out-of-Court Identification Procedures Established in State v. Delgado

Mandate for Recording Out-of-Court Identification Procedures Established in State v. Delgado

Date: Aug 1, 2006
Mandate for Recording Out-of-Court Identification Procedures Established in State v. Delgado 1. Introduction State of New Jersey v. Daniel Delgado is a pivotal case decided by the Supreme Court of...
MARSHALL v. KLEBANOV: Statutory Immunity and the Duty of Care in Psychiatric Practice

MARSHALL v. KLEBANOV: Statutory Immunity and the Duty of Care in Psychiatric Practice

Date: Jul 27, 2006
MARSHALL v. KLEBANOV: Statutory Immunity and the Duty of Care in Psychiatric Practice Introduction In the landmark case MARSHALL v. KLEBANOV, the Supreme Court of New Jersey addressed the...
Joint Possession Does Not Constitute Distribution: NJ Supreme Court Establishes Clear Distinction

Joint Possession Does Not Constitute Distribution: NJ Supreme Court Establishes Clear Distinction

Date: Jul 27, 2006
Joint Possession Does Not Constitute Distribution: NJ Supreme Court Establishes Clear Distinction Introduction The case of State of New Jersey v. Lewis B. Morrison (188 N.J. 2, 2006) addresses...
State v. Crawley: Defining Obstruction in the Context of Investigatory Stops

State v. Crawley: Defining Obstruction in the Context of Investigatory Stops

Date: Jul 25, 2006
State v. Crawley: Defining Obstruction in the Context of Investigatory Stops Introduction In the landmark case of State of New Jersey v. Saleem T. Crawley, 187 N.J. 440 (2006), the Supreme Court of...
Affirmation of CEPA Protections for Whistleblowers Challenging Employer Policies Contravening Clear Public Policy Mandates

Affirmation of CEPA Protections for Whistleblowers Challenging Employer Policies Contravening Clear Public Policy Mandates

Date: Jul 21, 2006
Affirmation of CEPA Protections for Whistleblowers Challenging Employer Policies Contravening Clear Public Policy Mandates Introduction The case of Angelo J. Maimone v. The City of Atlantic City et...
Bealor v. State of New Jersey: Lay Testimony and Independent Evidence Suffice for Marijuana DWI Convictions

Bealor v. State of New Jersey: Lay Testimony and Independent Evidence Suffice for Marijuana DWI Convictions

Date: Jul 21, 2006
Bealor v. State of New Jersey: Lay Testimony and Independent Evidence Suffice for Marijuana DWI Convictions Introduction Bealor v. State of New Jersey, 187 N.J. 574, decided on July 20, 2006, by the...
Sanctioning Prejudicial Summation to Correct Miscarriage of Justice: Bender v. Admirons

Sanctioning Prejudicial Summation to Correct Miscarriage of Justice: Bender v. Admirons

Date: Jul 20, 2006
Sanctioning Prejudicial Summation to Correct Miscarriage of Justice: Bender v. Admirons Introduction In Bender v. Admirons, decided by the Supreme Court of New Jersey on July 19, 2006, the court...
Confrontation Rights and the Admissibility of Polygraph Evidence: Insights from STATE v. CASTAGNA et al.

Confrontation Rights and the Admissibility of Polygraph Evidence: Insights from STATE v. CASTAGNA et al.

Date: Jul 18, 2006
Confrontation Rights and the Admissibility of Polygraph Evidence: Insights from STATE v. CASTAGNA et al. Introduction In the landmark case of State of New Jersey v. Josephine Castagna,...
Hojnowski v. Vans Skate Park: Restrictions on Parental Liability Waivers for Minors

Hojnowski v. Vans Skate Park: Restrictions on Parental Liability Waivers for Minors

Date: Jul 18, 2006
Hojnowski v. Vans Skate Park: Restrictions on Parental Liability Waivers for Minors Introduction Hojnowski v. Vans Skate Park, 187 N.J. 323 (2006), represents a significant judicial decision by the...
Extrinsic Evidence Admissible in Clear Retainer Agreements: Brown Conway v. Corporate Center Associates

Extrinsic Evidence Admissible in Clear Retainer Agreements: Brown Conway v. Corporate Center Associates

Date: Jul 14, 2006
Extrinsic Evidence Admissible in Clear Retainer Agreements: Brown Conway v. Corporate Center Associates Introduction The case of Catherine M. Brown Conway, as Executrix for the Estate of Bernard F....
Simulated Possession of a Deadly Weapon in First-Degree Robbery: STATE v. CHAPLAND (187 N.J. 275)

Simulated Possession of a Deadly Weapon in First-Degree Robbery: STATE v. CHAPLAND (187 N.J. 275)

Date: Jul 14, 2006
Simulated Possession of a Deadly Weapon in First-Degree Robbery: STATE v. CHAPLAND (187 N.J. 275) Introduction In the landmark case of State of New Jersey v. Wayne E. Chapland, the Supreme Court of...
Feldman v. Hunterdon Radiological Associates: Defining 'Employee' Status under CEPA for Shareholder-Directors

Feldman v. Hunterdon Radiological Associates: Defining 'Employee' Status under CEPA for Shareholder-Directors

Date: Jul 6, 2006
Feldman v. Hunterdon Radiological Associates: Defining 'Employee' Status under CEPA for Shareholder-Directors Introduction The case of Ruth S. Feldman, M.D., Plaintiff-Respondent versus Hunterdon...
Limited Obligations for Trial Courts to Instruct on Related Offenses: Insights from STATE v. THOMAS

Limited Obligations for Trial Courts to Instruct on Related Offenses: Insights from STATE v. THOMAS

Date: Jun 29, 2006
Limited Obligations for Trial Courts to Instruct on Related Offenses: Insights from STATE v. THOMAS Introduction In the landmark case of State of New Jersey v. Charless Thomas, decided by the Supreme...
NCP Litigation Trust v. KPMG LLP: New Precedent on Imputation Doctrine and Auditor Negligence

NCP Litigation Trust v. KPMG LLP: New Precedent on Imputation Doctrine and Auditor Negligence

Date: Jun 29, 2006
NCP Litigation Trust v. KPMG LLP: New Precedent on Imputation Doctrine and Auditor Negligence Introduction In a landmark decision on June 28, 2006, the Supreme Court of New Jersey addressed the...
Balancing Suggestiveness and Reliability in Eyewitness Identifications: Insights from State v. Herrera

Balancing Suggestiveness and Reliability in Eyewitness Identifications: Insights from State v. Herrera

Date: Jun 21, 2006
Balancing Suggestiveness and Reliability in Eyewitness Identifications: Insights from State v. Herrera Introduction The case of State of New Jersey v. Carmelo Herrera, 187 N.J. 493 (2006), examined...
Reaffirmation of Territorial Jurisdiction as an Essential Element in New Jersey Murder Convictions

Reaffirmation of Territorial Jurisdiction as an Essential Element in New Jersey Murder Convictions

Date: Jun 6, 2006
Reaffirmation of Territorial Jurisdiction as an Essential Element in New Jersey Murder Convictions Introduction The case of State of New Jersey v. John A. Denofa, reported at 187 N.J. 24 (2006),...
Non-Custodial Parent's Obligation to Contribute to Child's College Debt: GAC v. GAC

Non-Custodial Parent's Obligation to Contribute to Child's College Debt: GAC v. GAC

Date: May 19, 2006
Non-Custodial Parent's Obligation to Contribute to Child's College Debt: GAC v. GAC Introduction The case of GAYNELL GAC, Plaintiff-Respondent, v. PAUL GAC, Defendant-Appellant (186 N.J. 535)...
Unemployment Compensation Proceedings Do Not Bar CEPA Claims through Collateral Estoppel – OLIVIERI v. Y.M.F. CARPET, INC.

Unemployment Compensation Proceedings Do Not Bar CEPA Claims through Collateral Estoppel – OLIVIERI v. Y.M.F. CARPET, INC.

Date: May 18, 2006
Unemployment Compensation Proceedings Do Not Bar CEPA Claims through Collateral Estoppel – OLIVIERI v. Y.M.F. CARPET, INC. Introduction OLIVIERI v. Y.M.F. CARPET, INC. is a landmark decision by the...
Admissibility of Battered Woman Syndrome Expert Testimony: New Precedent in STATE OF NEW JERSEY v. WALTERTOWNSEND

Admissibility of Battered Woman Syndrome Expert Testimony: New Precedent in STATE OF NEW JERSEY v. WALTERTOWNSEND

Date: May 16, 2006
Admissibility of Battered Woman Syndrome Expert Testimony: New Precedent in State of New Jersey v. Waltertowsend Introduction In the landmark case of State of New Jersey v. Waltertowsend (186 N.J....
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