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| Lehr v. Afflitto, DOCKET NO. A-6992-03T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 19, 2006, Decided
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Overview: A mediator's letter to the parties' counsel in a divorce matter was confidential and should not have been used by the trial court as the settlement terms between the parties because neither party waived the provisions of N.J. Ct. R. 1:40-4(c) with regard to the prohibition of a mediator participating or being a witness in any subsequent proceeding.
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| State v. Birkenmeier, A-85 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 19, 2006, Decided
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Overview: Drug evidence did not have to be suppressed as informant's tip, once corroborated, gave officers reasonable suspicion for investigatory stop of defendant's car; odor of marijuana from car justified warrantless search based on probable cause and exigent circumstances; and discovery of drugs justified asking defendant for consent to search his home.
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| Mansour v. Leviton Mfg. Co., Inc., DOCKET NO. A-2064-04T1, A-2065-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 20, 2006, Decided
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Overview: Father's legal malpractice claim was properly dismissed on summary judgment because father's bystander liability claim was tolled by N.J. Stat. Ann. § 2A:14-2.1; thus, father could not prove that attorney was negligent in failing to timely file his claim. Under statute, a bystander liability claim was tolled for as long as child's claim was tolled.
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| New Jersey Div. of Youth and Family Services v. T.H., DOCKET NUMBER FN-13-93-05B,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, MONMOUTH COUNTY, January 20, 2006, Decided
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Overview: As mother and father were being prosecuted due to death of their son, to safeguard their Sixth Amendment right to confront witnesses and their due process rights, pursuant to N.J. Stat. Ann. § 9:6-8.10a(b)(6), New Jersey Division of Youth and Family Services had to produce all materials pertaining to civil case to trial judge in criminal action.
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| Hitchman v. Nagy, DOCKET NO. A-5047-03T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 23, 2006, Decided
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Overview: By sua sponte questioning defendants' use of single peremptory challenge to remove African-American potential juror, trial court committed harmless error in initiating inquiry where there was no prima facie evidence of discriminatory intent. Challenge was ultimately sustained after nondiscriminatory reason for challenge was given.
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| State v. Blakney, DOCKET NO. A-6162-01T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 24, 2006, Decided
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Overview: Where defendant's child died of injuries due to battered child syndrome, the trial court properly allowed joinder of child abuse and murder counts, as evidence of the child abuse would have been admissible under N.J.R.E. 404(b) in a separate trial for murder to show defendant's intent.
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