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   State Courts - New Jersey - March 31 - April 6, 2006

  
In re Commitment of M.M., DOCKET NO. A-5139-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 31, 2006, Decided
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Overview: A trial court erred in extending patient's civil commitment beyond 20 days, because it failed to consider whether "good cause" and "exceptional circumstances" justified this, as required by N.J. Ct. R. 4:74-7(c)(1) and N.J. Stat. Ann. § 30:4-27.12(a), and the patient's mental illness or dangerousness was not proved by clear and convincing evidence.

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In re Landfield, D-100 September Term 2005, SUPREME COURT OF NEW JERSEY, March 31, 2006, Filed
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International Union of Operating Engineers Local # 68 Welfare Fund v. Merck & Co., Inc., DOCKET NO. A-0450-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 31, 2006, Decided
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Overview: A trial judge properly certified a nationwide class of all third-party payors who paid any person or entity for the purchase of Vioxx since May 1, 1999, and correctly found that the common issues of consumer fraud among all members of the class predominated with New Jersey's Consumer Fraud Act, N.J. Stat. Ann. §§ 56:8-1 to -20, controlling.

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State v. Franklin, DOCKET NO. A-0981-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 31, 2006, Decided
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Overview: Evidence that defendant had successfully sued a police department because police had planted drugs on him and fabricated charges was not admissible under N.J. R. Evid. 404(b) in a drug case filed six years later, as there was no evidence that detective who allegedly bought drugs from defendant in the later case knew of lawsuit or had motive to lie.

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In re Forfeiture of Public Office of Nunez, DOCKET NO. A-6187-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 4, 2006, Decided
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Overview: As appellee's city job was not forfeited at the time of his conviction of a third-degree misdemeanor, as mandated by N.J. Stat. Ann. § 2C:51-2(a)(1), and he later expunged conviction under N.J. Stat. Ann. § 2C:52-2(a), city could not enforce forfeiture of his job because that collateral consequence of his conviction was eliminated by expungement.

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Yaghoubinejad v. Haghighi, DOCKET NO. A-0207-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 4, 2006, Decided
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Overview: Parties' marriage was void despite solemnization by authorized cleric, as they failed to obtain license to marry and N.J. Stat. Ann. § 37:1-10 declared that any purported marriage performed without marriage license was "absolutely void." Various validating acts addressed defects in solemnization of marriage but did not excuse absence of a license.

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State v. Boretsky, A-34 September Term 2005, SUPREME COURT OF NEW JERSEY, April 5, 2006, Decided
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Overview: During an emergency aid response, an alleged equivocal reference by defendant to counsel lacked sufficient basis to tie the statement to interests the Miranda remedy was designed to protect and the statements made by defendant with regard to his stabbed wife were admissible since when the emergency ended, Miranda warnings were administered.

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A.A. v. State, DOCKET NO. A-2153-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 6, 2006, Decided
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Overview: N.J. Const. art. IV, § VII, para. 12, which authorized legislation providing for posting of identifying information about sex offenders on the Internet (New Jersey Internet Registry Act, N.J. Stat. Ann. §§ 2C:7-12 to -19) did not violate federal Ex Post Facto and Double Jeopardy Clauses as its purpose was not punitive but to protect the public.

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In re Serrano, D-123 September Term 2005, SUPREME COURT OF NEW JERSEY, April 6, 2006, Decided , April 6, 2006, Filed
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State v. Elkwisni, DOCKET NO. A-1105-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 6, 2006, Decided
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Overview: Since the record developed before a trial court at a N.J. R. Evid. 104 hearing was insufficient, as a matter of law, to determine beyond a reasonable doubt that defendant voluntarily and knowingly waived his Miranda rights when he told the police where he hid a gun during a convenience store robbery, a voluntariness hearing was required on remand.

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