New Jersey Case Commentaries

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

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

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

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...

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...

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...

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

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

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

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

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

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

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.

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

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

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

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,...

Limits on Recovery for Emotional Distress and Punitive Damages in Wrongful Check Dishonor: Buckley v. Trenton Saving Fund Society

Date: Aug 12, 1988

Limits on Recovery for Emotional Distress and Punitive Damages in Wrongful Check Dishonor: Buckley v. Trenton Saving Fund Society Introduction The case of Joseph E. Buckley, Jr. v. Trenton Saving...

Clarifying Recklessness in Manslaughter: NJ Supreme Court's Impact on Jury Instructions

Date: Aug 9, 1988

Clarifying Recklessness in Manslaughter: NJ Supreme Court's Impact on Jury Instructions Introduction The case of State of New Jersey v. Miguel Angel Concepcion (111 N.J. 373) adjudicated by the...

Enforcing Oral Employment Promises to Terminate Only for Cause: Shebar v. Sanyo

Date: Aug 5, 1988

Enforcing Oral Employment Promises to Terminate Only for Cause: Shebar v. Sanyo Introduction The case of Arthur SHEBAR v. SANYO BUSINESS SYSTEMS Corp. (111 N.J. 276, 1988) presents a pivotal...