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| Phillips v. Gelpke, DOCKET NO. A-1932-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 30, 2006, Decided
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Overview: Plaintiff alleged defendant abused her sexually while she was a small child. Court erred in permitting case to go to jury without expert testimony that plaintiff's later recall of the alleged abuse was the result of dissociative amnesia and without expert testimony explaining and supporting the concept that repressed memories could be recalled.
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| State ex rel. L.R., DOCKET NO. A-3397-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 30, 2006, Decided
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Overview: Juvenile defendant was properly ordered to submit DNA sample under DNA Database and Databank Act, N.J. Stat. Ann. § 53:1-20.20, without violating U.S. Const. amend. IV or N.J. Const. art. I, para. 7, rights; statute was not penal, so Ex Post Facto Clauses of U.S. Const. art. I, § 10, cl. 1, or N.J. Const. art. IV, § VII, para. 3, were inapplicable.
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| State v. Cannarella, A-6 September Term 2005,
SUPREME COURT OF NEW JERSEY, January 31, 2006, Decided
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Overview: Contextual analysis and legislative history clarified that N.J. Stat. Ann. § 2C:12-1(b)(5)(d) elevated simple assault to third-degree aggravated assault only where the school employee who was assaulted was employed in the public school system, as opposed to a private school .
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| Johnson v. Braddy, A-5 September Term 2005,
SUPREME COURT OF NEW JERSEY, February 1, 2006, Decided
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Overview: Since New Jersey Property-Liability Insurance Guaranty Association Act, N.J. Stat. Ann. §§ 17:30A to -20, was silent regarding claims that exceeded $ 300,000 cap, it was reasonable to interpret the Act as allowing individuals to be held liable for any excess; legislature would have to address inequities resulting from this interpretation.
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| Finamore v. Aronson, DOCKET NO. A-3689-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 2, 2006, Decided
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Overview: Court erred in ruling that a final restraining order issued under the New Jersey Prevention of Domestic Violence Act, which barred father from being at mother's home or workplace, also barred him from attending son's activities when mother was present. Court had to consider whether to modify a dissolution order that contained such a prohibition.
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| Larbig v. Larbig, DOCKET NO. A-6030-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 2, 2006, Decided
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Overview: Former husband's obligation to make payments to his former wife was part of parties' equitable distribution agreement and could not be characterized as alimony, maintenance, or support. Therefore, obligation was not subject to modification based on changed circumstances; he had to meet N.J. Ct. R. 4:50-1's requirements in order to obtain relief.
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| New Jersey Div. of Youth and Family Services v. S.A., DOCKET NO. A-6387-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 2, 2006, Decided
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Overview: Terminating mother's parental rights under N.J. Stat. Ann. § 30:4C-15.1(a) was error, as no expert or lay testimony was offered as to emotional ties between child and her foster mother, or the degree of emotional harm that would result from the severance of those ties, and proceedings, held six months after child's birth, were unjustifiably rushed.
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| New York SMSA Ltd. Partnership v. Township Council of Tp. of Edison, DOCKET NO. A-6490-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 2, 2006, Decided
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Overview: The invalidation of a township's ordinance for variances was upheld on appeal because the ordinance, which required greater public notice requirements than that of N.J. Stat. Ann. § 40:55D-12(a) and (b), was vague and subjected the approval process to arbitrariness by stating a type face and size requirement.
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| State v. Drew, DOCKET NO. A-3737-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 3, 2006, Decided
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Overview: Defendant was entitled to resentencing for a burglary conviction after receiving an extended term of 8 years with 4 years of parole ineligibility as, even though he was a persistent offender under N.J. Stat. Ann. § 2C:44-3(a), aggravating and mitigating circumstances should have been weighed to determine the base term of the extended sentence.
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| Levine v. Konvitz, DOCKET NO. A-6449-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 6, 2006, Decided
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Overview: Because a paramour and her boyfriend did not cohabit during their entire 70-year relationship, there was no concrete proof that her devotion was significantly induced by a promise of support; consequently, the paramour was not entitled to palimony.
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