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  • Commentaries
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New Jersey Case Commentaries

Balancing Aggravating and Mitigating Factors in Death Penalty Sentencing: Precedent Set in State of New Jersey v. Darryl Pitts

Balancing Aggravating and Mitigating Factors in Death Penalty Sentencing: Precedent Set in State of New Jersey v. Darryl Pitts

Date: Jun 22, 1989
Balancing Aggravating and Mitigating Factors in Death Penalty Sentencing: Precedent Set in State of New Jersey v. Darryl Pitts Introduction State of New Jersey v. Darryl Pitts (116 N.J. 580) is a...
Res Judicata Reinforced in Subrogation Disputes: Culver v. Insurance Company of North America

Res Judicata Reinforced in Subrogation Disputes: Culver v. Insurance Company of North America

Date: Jun 16, 1989
Res Judicata Reinforced in Subrogation Disputes: Culver v. Insurance Company of North America Introduction The case of Culver v. Insurance Company of North America (115 N.J. 451) adjudicated by the...
Invalidation of Negotiated-Sentence Plea Bargains: Insights from State v. Kirk Warren

Invalidation of Negotiated-Sentence Plea Bargains: Insights from State v. Kirk Warren

Date: Jun 15, 1989
Invalidation of Negotiated-Sentence Plea Bargains: Insights from State v. Kirk Warren Introduction In State of New Jersey v. Kirk Warren (115 N.J. 433, 1989), the Supreme Court of New Jersey...
Plea Withdrawal and Re-Pleading Requirements: State v. Barboza

Plea Withdrawal and Re-Pleading Requirements: State v. Barboza

Date: Jun 13, 1989
Plea Withdrawal and Re-Pleading Requirements: State of New Jersey v. Mildred Barboza Introduction State of New Jersey v. Mildred Barboza (115 N.J. 415, decided on June 12, 1989) represents a pivotal...
Lebel v. Everglades Marina: Establishing Specific Personal Jurisdiction in New Jersey

Lebel v. Everglades Marina: Establishing Specific Personal Jurisdiction in New Jersey

Date: Jun 8, 1989
Lebel v. Everglades Marina: Establishing Specific Personal Jurisdiction in New Jersey Introduction RICHARD LEBEL, PLAINTIFF-APPELLANT, v. EVERGLADES MARINA, INC., DEFENDANT-RESPONDENT is a pivotal...
Clarifying Rule 55: Admissibility of Other-Crime Evidence in Official Misconduct Cases – NJ Supreme Court's Decision in State v. Gary Stevens

Clarifying Rule 55: Admissibility of Other-Crime Evidence in Official Misconduct Cases – NJ Supreme Court's Decision in State v. Gary Stevens

Date: Jun 2, 1989
Clarifying Rule 55: Admissibility of Other-Crime Evidence in Official Misconduct Cases – NJ Supreme Court's Decision in State v. Gary Stevens Introduction The case of State of New Jersey v. Gary...
Alibi Notice Admissibility and Self-Incrimination: Insights from STATE OF NEW JERSEY v. LARRY IRVING

Alibi Notice Admissibility and Self-Incrimination: Insights from STATE OF NEW JERSEY v. LARRY IRVING

Date: Mar 31, 1989
Alibi Notice Admissibility and Self-Incrimination: Insights from State of New Jersey v. Larry Irving Introduction In the landmark case State of New Jersey v. Larry Irving, decided by the Supreme...
Reinstatement of Consecutive Sentences in State v. Ghertler: Upholding Judicial Discretion in Sentencing

Reinstatement of Consecutive Sentences in State v. Ghertler: Upholding Judicial Discretion in Sentencing

Date: Mar 29, 1989
Reinstatement of Consecutive Sentences in State of New Jersey v. Ghertler: Upholding Judicial Discretion in Sentencing Introduction The landmark case of State of New Jersey v. Jonathan D. Ghertler...
Appellate Jurisdiction in Sentencing: State v. Jarbath Establishes "Serious Injustice" Standard

Appellate Jurisdiction in Sentencing: State v. Jarbath Establishes "Serious Injustice" Standard

Date: Mar 29, 1989
Appellate Jurisdiction in Sentencing: State v. Jarbath Establishes "Serious Injustice" Standard Introduction State of New Jersey, Plaintiff-Appellant v. Gloria Jean Jarbath, Defendant-Respondent (114...
Voluntary Quit Doctrine in Unemployment Benefits: Yardville Supply Co. v. Board of Review

Voluntary Quit Doctrine in Unemployment Benefits: Yardville Supply Co. v. Board of Review

Date: Mar 24, 1989
Voluntary Quit Doctrine in Unemployment Benefits: Yardville Supply Co. v. Board of Review Introduction Yardville Supply Company, Appellant, v. Board of Review, Department of Labor, Respondent is a...
State Privacy Protections for Hotel Telephone Records and the Silver Platter Doctrine: Primo v. Mollica

State Privacy Protections for Hotel Telephone Records and the Silver Platter Doctrine: Primo v. Mollica

Date: Mar 17, 1989
State Privacy Protections for Hotel Telephone Records and the Silver Platter Doctrine: Primo v. Mollica Introduction In the landmark case State of New Jersey v. Primo V. Mollica and Augustine...
Admissibility of Non-Expert Police Officer Opinions on Vehicle Impact Points: State v. LaBrutto

Admissibility of Non-Expert Police Officer Opinions on Vehicle Impact Points: State v. LaBrutto

Date: Feb 17, 1989
Admissibility of Non-Expert Police Officer Opinions on Vehicle Impact Points: State of New Jersey v. Jack LaBrutto Introduction State of New Jersey v. Jack LaBrutto, 114 N.J. 187 (1989), is a...
Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing

Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing

Date: Feb 8, 1989
Baylass v. State of New Jersey: Probation Violations as Mitigating Factors in Sentencing Introduction Baylass v. State of New Jersey, 114 N.J. 169 (1989), is a landmark case decided by the Supreme...
Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams

Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams

Date: Dec 9, 1988
Ensuring Jury Impartiality in Capital Cases: Insights from State of New Jersey v. James Edward Williams Introduction State of New Jersey v. James Edward Williams (113 N.J. 393) is a landmark decision...
Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore

Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore

Date: Oct 27, 1988
Clarifying 'Own Conduct' and Diminished Capacity in Capital Murder: State of New Jersey v. Marie Moore Introduction The case of State of New Jersey v. Marie Moore serves as a landmark decision in New...
Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald

Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald

Date: Oct 26, 1988
Intent as a Constitutional Requirement for Capital Murder in New Jersey: State v. Walter M. Gerald Introduction The case of State of New Jersey v. Walter M. Gerald (113 N.J. 40) presents a pivotal...
Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc.

Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc.

Date: Oct 18, 1988
Presumption of Undue Influence in Parent-Child Asset Transfers and Attorney Conflict of Interest: Pascale v. Quality Tool Die Co., Inc. Introduction Pascale v. Quality Tool Die Co., Inc. is a...
No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance

No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance

Date: Oct 12, 1988
No Drop-Down Coverage Required for Excess Liability Policies upon Primary Insurer Insolvency – Werner Industries v. First State Insurance Introduction In the case of Werner Industries, Inc. v. First...
Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose

Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose

Date: Sep 23, 1988
Ensuring Fairness in Death Sentencing: Key Takeaways from State of New Jersey v. Teddy Rose 1. Introduction State of New Jersey v. Teddy Rose (112 N.J. 454, 1988) is a landmark decision by the...
State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing

State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing

Date: Aug 17, 1988
State v. Zola: Establishing the Necessity for Jury Conviction Beyond Reasonable Doubt in Capital Sentencing Introduction The case of State of New Jersey v. James E. Zola, reported in 112 N.J. 384,...
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