New Jersey Case Commentaries

Access to Common-Law Public Records Affirmed in Rutgers v. Keddie and AAUP Chapters

Date: Mar 7, 1997

Access to Common-Law Public Records Affirmed in Rutgers v. Keddie and AAUP Chapters Introduction The case of Wells H. Keddie and the Rutgers Council of AAUP Chapters vs. Rutgers, The State...

Marshall v. State of New Jersey: Affirmation of Conviction and Death Sentence Under Heightened Procedural Scrutiny

Date: Mar 6, 1997

Marshall v. State of New Jersey: Affirmation of Conviction and Death Sentence Under Heightened Procedural Scrutiny Introduction Marshall v. State of New Jersey is a pivotal case decided by the...

Ivy Hill Park Apartments Liability: No Duty for Off-Premises Assaults

Date: Feb 21, 1997

Ivy Hill Park Apartments Liability: No Duty for Off-Premises Assaults Introduction The case of IRENEUSZ KUZMICZ, MARIE KUZMICZ, TADEUSZ WRONOWSKI AND HANNAH WRONOWSKI vs. IVY HILL PARK APARTMENTS,...

State of New Jersey v. Robert McQuaid: Navigating Procedural Bars in Post-Conviction Relief for Ineffective Assistance of Counsel

Date: Feb 20, 1997

State of New Jersey v. Robert McQuaid: Navigating Procedural Bars in Post-Conviction Relief for Ineffective Assistance of Counsel Introduction State of New Jersey v. Robert McQuaid is a landmark case...

STATE v. JORDAN: Hampton and Kociolek Instructions Omitted Without Constituting Plain Error

Date: Feb 7, 1997

STATE v. JORDAN: Hampton and Kociolek Instructions Omitted Without Constituting Plain Error Introduction State of New Jersey v. Reginald Jordan, 147 N.J. 409 (1997), addressed critical issues...

Supreme Court of New Jersey Establishes Strict Criteria for Pre-Suit Depositions under Rule 4:11-1 in the Context of Affidavit of Merit Statutes

Date: Feb 6, 1997

Supreme Court of New Jersey Establishes Strict Criteria for Pre-Suit Depositions under Rule 4:11-1 in the Context of Affidavit of Merit Statutes Introduction The case titled IN RE PETITION OF WOODROW...

Clarifying the Burden of Proof: New Jersey's Standard for Reasonable Doubt in State v. Medina and State v. Farmer

Date: Dec 6, 1996

Clarifying the Burden of Proof: New Jersey's Standard for Reasonable Doubt in State v. Medina and State v. Farmer Introduction In the landmark cases of State of New Jersey v. Domingo R. Medina and...

Judicial Estoppel and Procedural Adherence in Summary Judgment: Cummings v. Bahr

Date: Dec 4, 1996

Judicial Estoppel and Procedural Adherence in Summary Judgment: Cummings v. Bahr Introduction The case of Cynthia Cummings and James Cummings v. Harvey Bahr and Madeline Bahr, adjudicated by the...

Reinforcing Prosecutorial Discretion in Pre-Trial Intervention: Insights from State v. Wallace

Date: Nov 14, 1996

Reinforcing Prosecutorial Discretion in Pre-Trial Intervention: Insights from State v. Wallace Introduction State of New Jersey v. Bruce Wallace (146 N.J. 576) is a pivotal case decided by the...

Clarification of Death-Qualification and Aggravating Factors in Capital Cases: State v. Donald Loftin

Date: Aug 9, 1996

Clarification of Death-Qualification and Aggravating Factors in Capital Cases: State v. Donald Loftin Introduction State of New Jersey v. Donald Loftin is a pivotal case decided by the Supreme Court...

Sentencing Uniformity and Prosecutorial Conduct in STATE OF NEW JERSEY v. WINSTON ROACH

Date: Aug 8, 1996

Sentencing Uniformity and Prosecutorial Conduct in State of New Jersey v. Winston Roach Introduction State of New Jersey v. Winston Roach, 146 N.J. 208 (1996), is a landmark decision by the Supreme...

Affirmation of Attorney General's Retroactive Authority in Involuntary Civil Commitment Proceedings

Date: Aug 7, 1996

Affirmation of Attorney General's Retroactive Authority in Involuntary Civil Commitment Proceedings Introduction In the MATTER OF D.C. (146 N.J. 31) is a landmark decision by the Supreme Court of New...

Supreme Court of New Jersey Upholds Inclusion of Nonconviction Offenses and Documentary Hearsay in Megan's Law Tier Classification

Date: Aug 1, 1996

Supreme Court of New Jersey Upholds Inclusion of Nonconviction Offenses and Documentary Hearsay in Megan's Law Tier Classification Introduction In the landmark case In the Matter of the Registrant,...

Impeachment of Defendant's Credibility Using Illegally Obtained Statements: State of New Jersey v. Kristina Burris

Date: Jul 25, 1996

Impeachment of Defendant's Credibility Using Illegally Obtained Statements State of New Jersey v. Kristina Burris, 145 N.J. 509 (1996) Introduction In State of New Jersey v. Kristina Burris, the...

New Jersey Supreme Court Establishes Precedence on Choice-of-Law in Products Liability Cases

Date: Jul 24, 1996

New Jersey Supreme Court Establishes Precedence on Choice-of-Law in Products Liability Cases Introduction The case of GANTES v. KASON CORPoration, decided on July 23, 1996, by the Supreme Court of...

Substantial Factor Test Established in Conklin v. Weisman: Redefining Proximate Cause in Legal Malpractice

Date: Jul 19, 1996

Substantial Factor Test Established in Conklin v. Weisman: Redefining Proximate Cause in Legal Malpractice Introduction Conklin v. Weisman, decided by the Supreme Court of New Jersey on July 18,...

Separate Trials Mandated When Joinder Prejudices in Domestic Violence and Terroristic Threats Cases

Date: Jul 18, 1996

Separate Trials Mandated When Joinder Prejudices in Domestic Violence and Terroristic Threats Cases Introduction The case of State of New Jersey v. Aurelio Chenique-Puey, decided on July 17, 1996, by...

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN

Date: Jul 17, 1996

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN Introduction Mary Brennan v. Joseph S. Orban, Jr. is a pivotal case decided by the Supreme Court of New Jersey on July 16,...

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel

Date: Jul 12, 1996

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel Introduction In the landmark case State of New Jersey v. Curtis Knight, the Supreme Court of New...

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions

Date: Jul 4, 1996

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions Introduction In the landmark case of State of New Jersey v. Demetrius M. Diaz, decided on July 3, 1996, the Supreme Court...