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| Hale v. Farrakhan, DOCKET NO. A-1048-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: Tenant alleged a landlord purported to evict her so she could occupy the unit herself but then leased it to another tenant, in violation of New Jersey Anti-Eviction Act, N.J.S.A. §§ 2A:18-61.1 to -61.12. As the landlord had the burden of proving her failure to personally occupy unit was not arbitrary, trial court erred in dismissing tenant's claim.
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| Johnson v. Johnson, DOCKET NO. A-1172-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: In post-divorce proceedings, a court-appointed accountant who sought his fees from the former husband was not entitled to counsel fees under R. 4:42-9(a)(1) and 5:3-5(c), as R. 5:3-5(c) limited the award of such fees to "any party to the action," which did not include the professionals appointed by the court or retained by the parties.
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| Rutgers Cas. Ins. Co. v. LaCroix, DOCKET NO. A-4006-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: As an insured's child lived in the insured's household, was unaware of his material misrepresentations in his insurance application, and was a licensed driver injured while driving the insured's car with his permission, she was entitled to personal injury protection benefits under the policy pursuant to N.J.S.A. § 39:6A-4.
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| State v. Amodio, DOCKET NO. A-0264-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: A trial court properly denied defendant's motion to suppress evidence seized by the police and other officials from his fire-damaged home wherein his girlfriend and her child were killed as the evidence was found during an investigation into the cause and origin of the fire, which occurred within a reasonable time after the fire was extinguished.
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| State v. Hemphill, DOCKET NO. A-6297-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: A trial court erred in denying defendant credits for the custodial time he spent in Scotland pending extradition to New Jersey on sexual assault charges, as confinement in a foreign country fell within the ambit of R. 3:21-8, which allowed a defendant credit for confinement pending sentence as long as he was not being held on other charges.
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| State v. Watkins, DOCKET NO. A-3853-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 5, 2007, Decided
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Overview: Defendant's obtaining unemployment benefits to which he was not entitled, over a four-month period, did not amount to a "continuing criminal enterprise" under N.J. Pretrial Intervention Guideline 3(i)(2). Therefore, the State erred by denying his application for the pre-trial intervention program based on that Guideline.
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| Millburn Twp. v. Short Hills Assocs, DOCKET NO. 004430-2006,
TAX COURT OF NEW JERSEY, February 6, 2007, Decided
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Overview: A taxpayer was not entitled to have its tax assessments frozen under New Jersey Freeze Act, N.J.S.A. § 54:51A-8, because a zoning change in its favor that had been adopted but was not yet effective by October 1 of the pre-tax year was one of the designated events under § 54:51A-8 that denied it the protections of the Freeze Act.
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| State v. King, DOCKET NO. A-5172-01T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 6, 2007, Decided
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Overview: Fact that sole defense witness testified in handcuffs and prison garb could not be deemed harmless error because identification testimony introduced against defendant was not overwhelming, and jury charge should have been more fact sensitive on "suggestiveness" of photo lineup procedure by which victim identified defendant as robber and carjacker.
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| In re Richards, D-65 September Term 2006,
SUPREME COURT OF NEW JERSEY, February 7, 2007, Filed
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