New Jersey Case Commentaries

Constructive Possession of Firearm While Committing Drug Offense: The Spivey Decision

Date: Apr 2, 2004

Constructive Possession of Firearm While Committing Drug Offense: The Spivey Decision Introduction State of New Jersey v. Shawn L. Spivey, 179 N.J. 229 (2004), is a pivotal case decided by the...

Ineffective Assistance of Counsel in Capital Penalty Phase: State of New Jersey v. John Chew

Date: Mar 26, 2004

Ineffective Assistance of Counsel in Capital Penalty Phase: State of New Jersey v. John Chew Introduction In the landmark case of State of New Jersey v. John Chew, 179 N.J. 186 (2004), the Supreme...

Redefining Aggravated Circumstances in Child Welfare: Insights from DYFS v. A.R.G.

Date: Mar 18, 2004

Redefining Aggravated Circumstances in Child Welfare: Insights from DYFS v. A.R.G. Introduction Case Overview The case of New Jersey Division of Youth and Family Services (DYFS) v. A.R.G. addresses...

Verdicchio v. Ricca: Reinforcing the Substantial Factor Test in Medical Malpractice

Date: Mar 16, 2004

Verdicchio v. Ricca: Reinforcing the Substantial Factor Test in Medical Malpractice Introduction Verdicchio v. Ricca, adjudicated by the Supreme Court of New Jersey on March 15, 2004, addresses...

Strict Enforcement of Procedural Deadlines in Post-Conviction Relief: Insights from STATE v. MILNE

Date: Mar 3, 2004

Strict Enforcement of Procedural Deadlines in Post-Conviction Relief: Insights from STATE v. MILNE Introduction The case of State of New Jersey v. Shawn Milne presents a pivotal examination of...

Reaffirming Child's Best Interests: Termination of Parental Rights in DYFS v. C.S. and J.G.

Date: Feb 21, 2004

Reaffirming Child's Best Interests: Termination of Parental Rights in DYFS v. C.S. and J.G. Introduction The case of New Jersey Division of Youth and Family Services (DYFS) v. C.S. and J.G. involves...

Mandatory Jury Instructions on Lesser-Included Offenses and Restrictions on Other-Crimes Evidence: STATE v. JENKINS Analysis

Date: Feb 5, 2004

Mandatory Jury Instructions on Lesser-Included Offenses and Restrictions on Other-Crimes Evidence: STATE v. JENKINS Analysis Introduction State of New Jersey v. Kendall J. Jenkins, 178 N.J. 347,...

Ensuring Fair Trial: New Standards for Jury Impartiality and Expert Testimony in STATE v. FORTIN

Date: Feb 4, 2004

Ensuring Fair Trial: New Standards for Jury Impartiality and Expert Testimony in STATE v. FORTIN Introduction In the landmark case State of New Jersey v. Steven R. Fortin, the Supreme Court of New...

Discovery Rule Determines Statute of Limitations in Legal Malpractice: Vastano v. Algeier

Date: Dec 19, 2003

Discovery Rule Determines Statute of Limitations in Legal Malpractice: Vastano v. Algeier Introduction The case of Anthony and Geraldine Vastano v. Gary Algeier et al. presents a significant...

Enhanced Reliability of 9-1-1 Calls in Justifying Investigatory Vehicle Stops

Date: Dec 17, 2003

Enhanced Reliability of 9-1-1 Calls in Justifying Investigatory Vehicle Stops Introduction In the landmark case of State of New Jersey v. Salvatore Golotta (178 N.J. 205, 2003), the Supreme Court of...

Mandatory Disclosure of Civil Commitment Consequences in Guilty Pleas: State v. Bellamy

Date: Dec 12, 2003

Mandatory Disclosure of Civil Commitment Consequences in Guilty Pleas: State v. Bellamy Introduction State of New Jersey v. Jerry L. Bellamy, 178 N.J. 127 (2003), presents a pivotal decision by the...

Denial of Pretrial Intervention Based on Past Motor Vehicle Offenses Constitutes an Abuse of Discretion

Date: Nov 26, 2003

Denial of Pretrial Intervention Based on Past Motor Vehicle Offenses Constitutes an Abuse of Discretion Introduction The case of State of New Jersey v. Jeffery Negran, 178 N.J. 73 (2003), addresses...

Equitable Bar on Late Motions in Malpractice Claims: Knorr v. Smeal

Date: Nov 25, 2003

Equitable Bar on Late Motions in Malpractice Claims: Knorr v. Smeal Introduction The case Eleanor Knorr and Harold Knorr v. Brian C. Smeal, M.D. and South Jersey Hospital Systems, Elmer Division...

Equitable Relief under the Affidavit of Merit Statute: Reversing Dismissal for Inadvertent Delay

Date: Nov 25, 2003

Equitable Relief under the Affidavit of Merit Statute: Reversing Dismissal for Inadvertent Delay Introduction In the landmark case of Agostino Ferreira and Margarida Ferreira v. Rancocas Orthopedic...

Automobile Warrantless Search: STATE v. WILSON Establishes Stricter Probable Cause Standards

Date: Nov 4, 2003

Automobile Warrantless Search: STATE v. WILSON Establishes Stricter Probable Cause Standards Introduction In State of New Jersey v. Larry D. Wilson (178 N.J. 7, 2003), the Supreme Court of New Jersey...

Enhanced Protections Against Self-Incrimination: Insights from State of New Jersey v. A.G.D.

Date: Oct 10, 2003

Enhanced Protections Against Self-Incrimination: Insights from State of New Jersey v. A.G.D. Introduction In the landmark case of State of New Jersey v. A.G.D. (178 N.J. 56), the Supreme Court of New...

Preemption of State CEPA Claims by Federal Labor Law: DZWONAR v. McDEVITT

Date: Aug 13, 2003

Preemption of State CEPA Claims by Federal Labor Law: DZWONAR v. McDEVITT Introduction In the landmark case Regina Dzwonar and Cynthia A. Burgess v. Robert McDevitt et al., decided by the Supreme...

CEPA Allows Punitive Damages Against Public Entities and Clarifies Statute of Limitations

Date: Aug 12, 2003

CEPA Allows Punitive Damages Against Public Entities and Clarifies Statute of Limitations Introduction The case of Doris Green v. Jersey City Board of Education (177 N.J. 434) addresses two pivotal...

Federal Supremacy Over State Political Boundaries in NJ Redistricting

Date: Aug 1, 2003

Federal Supremacy Over State Political Boundaries in NJ Redistricting Introduction In the landmark case McNeil et al. v. Legislative Apportionment Commission of the State of New Jersey, the Supreme...

Negligent Supervision of School Personnel: FRUGIS v. BRACIGLIANO and Implications Under N.J.S.A. 59:9-3.1

Date: Jul 29, 2003

Negligent Supervision of School Personnel: FRUGIS v. BRACIGLIANO and Implications Under N.J.S.A. 59:9-3.1 Introduction FRUGIS v. BRACIGLIANO et al. is a landmark decision by the Supreme Court of New...

Previous Next