New Jersey Case Commentaries

Diminished Capacity Defense Reaffirmed in STATE v. BREAKIRON

Date: Oct 30, 1987

Diminished Capacity Defense Reaffirmed in STATE v. BREAKIRON Introduction State of New Jersey v. Robert A. Breakiron, 108 N.J. 591 (Supreme Court of New Jersey, 1987), is a landmark case that delves...

Commissioner's Authority to Reclassify Inmates Based on Convictions Upheld Without Individualized Due Process

Date: Jul 28, 1987

Commissioner's Authority to Reclassify Inmates Based on Convictions Upheld Without Individualized Due Process Introduction The case of Jenkins et al. v. Fauver addresses the critical issue of...

Enhancing Civil Penalties under the New Jersey Antitrust Act: Kimmelman v. Henkels McCoy, Inc.

Date: Jul 23, 1987

Enhancing Civil Penalties under the New Jersey Antitrust Act: Kimmelman v. Henkels McCoy, Inc. Introduction In the landmark case Kimmelman v. Henkels McCoy, Inc., decided on July 22, 1987, the...

Distinct Legal Liabilities in Familial Sexual Assault: State v. Miller

Date: Jul 22, 1987

Distinct Legal Liabilities in Familial Sexual Assault: State of New Jersey v. John Miller Introduction The case of State of New Jersey v. John Miller, adjudicated by the Supreme Court of New Jersey...

Reaffirming Judicial Discretion in Sentencing Persistent Offenders: State of New Jersey v. Kim Dunbar

Date: Jul 8, 1987

Reaffirming Judicial Discretion in Sentencing Persistent Offenders: State of New Jersey v. Kim Dunbar Introduction In State of New Jersey v. Kim Dunbar, 108 N.J. 80 (1987), the Supreme Court of New...

Net Consolidated Taxation of Partnership Income Affirmed for Securities Firms

Date: Jul 3, 1987

Net Consolidated Taxation of Partnership Income Affirmed for Securities Firms Introduction The case of Layton F. and Joan Smith, Plaintiff-Respondents, v. Director, Division of Taxation,...

Interpretation of N.J.S.A. 39:4-50(a) in State of New Jersey v. John E. Tischio: Establishing BAC at Time of Testing as Sufficient for DUI Conviction

Date: Jul 1, 1987

Interpretation of N.J.S.A. 39:4-50(a) in State of New Jersey v. John E. Tischio: Establishing BAC at Time of Testing as Sufficient for DUI Conviction Introduction State of New Jersey v. John E....

Application of the Discovery Rule in Toxic Tort Cases: Vispisiano v. Ashland Chemical Co.

Date: Jun 30, 1987

Application of the Discovery Rule in Toxic Tort Cases: Vispisiano v. Ashland Chemical Co. Introduction In the landmark case of John Vispisiano and Barbara Vispisiano v. Ashland Chemical Co. et al.,...

State v. Weeks: Reinforcing the Necessity of Shared Purpose in Accomplice Liability under the Graves Act

Date: Jun 26, 1987

State v. Weeks: Reinforcing the Necessity of Shared Purpose in Accomplice Liability under the Graves Act Introduction State of New Jersey v. William Weeks, 107 N.J. 396 (1987), is a pivotal case...

Substituted Judgment Guidelines for Withdrawal of Life-Sustaining Treatment in Persistent Vegetative State: IN RE JOBES

Date: Jun 25, 1987

Substituted Judgment Guidelines for Withdrawal of Life-Sustaining Treatment in Persistent Vegetative State: IN RE JOBES Introduction The landmark decision in In the Matter of Nancy Ellen Jobes, 108...

Pharmaceutical Assistance to the Aged and Disabled Act Upholds Rational Classification Based on SSDI Receipt

Date: Jun 24, 1987

Pharmaceutical Assistance to the Aged and Disabled Act Upholds Rational Classification Based on SSDI Receipt Introduction In the landmark case of Ann Barone and Lottie Adkins v. Department of Human...

Juror Substitution Post Partial Verdict: Preserving Jury Deliberation Integrity

Date: Jun 24, 1987

Juror Substitution Post Partial Verdict: Preserving Jury Deliberation Integrity Introduction State of New Jersey v. Laurie A. Corsaro et al. (1987) presents a pivotal examination of juror...

State of New Jersey v. Carlos Rafael Sainz: Establishing the Necessity for Explicit Aggravating and Mitigating Factors in Controlled Dangerous Substances Sentencing

Date: Jun 19, 1987

State of New Jersey v. Carlos Rafael Sainz: Establishing the Necessity for Explicit Aggravating and Mitigating Factors in Controlled Dangerous Substances Sentencing Introduction State of New Jersey...

Reinforcing Standards for Use Variances in Zoning: Medici v. BPR Company

Date: Jun 4, 1987

Reinforcing Standards for Use Variances in Zoning: Medici v. BPR Company Introduction The case Medici v. BPR Company addresses the critical issue of use variances within municipal zoning laws. The...

Distinguishing Quality of Life from Emotional Distress: New Precedents in NJ's Tort Claims Act

Date: May 8, 1987

Distinguishing Quality of Life from Emotional Distress: New Precedents in NJ's Tort Claims Act Introduction The Supreme Court of New Jersey in the landmark case of Robert Ayers and Mae Ayers et al....

Supreme Court of New Jersey Reverses Tort Immunity for Private Water Companies in Weinberg v. Dinger and Cole v. Dinger

Date: Apr 3, 1987

Supreme Court of New Jersey Reverses Tort Immunity for Private Water Companies in Weinberg v. Dinger and Cole v. Dinger Introduction In the landmark cases of Weinberg v. Dinger et al. and Cole v....

Parole Ineligibility without Presumptive Sentence Enhancement: State v. Kruse Establishes New Guidelines

Date: Mar 12, 1987

Parole Ineligibility without Presumptive Sentence Enhancement: State v. Kruse Establishes New Guidelines Introduction The case of State of New Jersey v. Richard Raymond Kruse (105 N.J. 354) addresses...

Establishing Beyond Reasonable Doubt in Weighing Aggravating and Mitigating Factors in Capital Sentencing: State of New Jersey v. Biegenwald

Date: Mar 6, 1987

Establishing Beyond Reasonable Doubt in Weighing Aggravating and Mitigating Factors in Capital Sentencing: State of New Jersey v. Biegenwald Introduction State of New Jersey v. Richard Biegenwald,...

Ramseur’s Legacy: New Jersey Upholds Its Capital Statute, Narrows the “Heinousness” Aggravator, and Creates a Per Se Life-Sentence Remedy for Coercive Deadlock Charges

Date: Mar 6, 1987

Ramseur’s Legacy: New Jersey Upholds Its Capital Statute, Narrows the “Heinousness” Aggravator, and Creates a Per Se Life-Sentence Remedy for Coercive Deadlock Charges Introduction State v. Ramseur,...

Effective Assistance of Counsel: New Jersey Sets Strickland Standard under State Constitution

Date: Jan 15, 1987

Effective Assistance of Counsel: New Jersey Sets Strickland Standard under State Constitution Introduction State of New Jersey vs. David Fritz is a landmark decision rendered by the Supreme Court of...