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| In re Commitment of J.R., DOCKET NO. A-4572-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 3, 2007, Decided
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Overview: A psychiatrist's testimony that there was a "possibility" appellant might stop taking his medication was insufficient to constitute clear and convincing evidence of a substantial likelihood of future harm necessary for involuntary confinement under N.J.S.A. §§ 30:4-27.15 and 30:4-27.2(m).
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| State v. Toscano, DOCKET NO. A-6664-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 4, 2007, Decided
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Overview: A bail bond forfeiture of $ 32,000 on a $ 40,000 bond was deemed excessive where the trial court did not consider the policy concerns and factors under the remittitur guidelines, which required consideration of a starting point between minimal remission and partial remission for sureties that did not engage in substantial efforts to recapture.
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| Grubbs v. Slothower, DOCKET NO. A-4196-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 8, 2007, Decided
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Overview: In a case of first impression, it was held that the appropriate standard of review for a density variance involving a major subdivision and variance application, pursuant to N.J.S.A. § 40:55D-70(d)(5), was a more relaxed standard, which required that an applicant need not show that the site was particularly suited for more intensive development.
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| Giordano v. Giordano, DOCKET NO. A-3210-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 9, 2007, Decided
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Overview: Federal law, once triggered, did not preempt state law or otherwise prohibit a state court from compelling a delinquent parent to pay child support arrearages at a rate greater than that imposed by a federal court in ordering restitution pursuant to the Child Support Recovery Act, 18 U.S.C.S. § 228.
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| In re Ownership of Renewable Energy Certificates ("RECs"), DOCKET NO. A-5183-04T5, A-5189-04T5, A-5191-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 10, 2007, Decided
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Overview: A decision of the New Jersey Board of Public Utilities, which held that Renewable Energy Certificates were the property of the purchasing utility rather than the producer, violated neither federal nor state law and was not arbitrary or capricious; therefore, the decision was upheld on appeal.
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| State v. Liviaz, DOCKET NO. A-5135-05T1, A-5136-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 10, 2007, Decided
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Overview: Although a Pretrial Intervention Program (PTI) application under N.J.S.A. § 2C:43-12(e) was not subject to per se denial due to a defendant's status as an illegal alien, such status was relevant. As such, the orders granting defendants' PTI applications over the prosecutor's objections were reversed since the rejections were based on other facts.
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| Garrett v. Matisa, DOCKET NO. FM-11-485-93,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, MERCER COUNTY, January 11, 2007, Decided
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Overview: An attorney's motion to withdraw from representation of a client, who moved and provided no new phone number or address, was denied without prejudice as the attorney failed to certify, pursuant to the duties set forth in N.J. Ct. R. Prof. Conduct 1.16(d), that diligent efforts to locate the client were made to no avail.
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| In re Olivo, D-23 September Term 2006,
SUPREME COURT OF NEW JERSEY, January 11, 2007, Filed
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| State v. Lewis, DOCKET NO. A-1391-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 11, 2007, Decided
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Overview: In a prosecution for murder, assault, weapons offenses, and contempt for violation of domestic violence restraining order, trial court erred in failing to sever contempt charge and in admitting restraining order as evidence of other crimes. As defendant's state of mind was at issue as to assault and weapons charges, those convictions were reversed.
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