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| J.P. v. Division of Med. Assistance & Health Servs., DOCKET NO. A-5339-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2007, Decided
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Overview: Alimony was not income to Medicaid recipient as it was paid to special needs trust created under 42 U.S.C.S. § 1396p(d)(4)(A) pursuant to divorce court's order. Therefore, the New Jersey Medicaid program could not reduce its contribution to the recipient's nursing home costs by the amount of alimony her ex-husband paid to the special needs trust.
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| Nouhan v. Board of Adjustment of Clifton, DOCKET NO. A-4925-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2007, Decided
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Overview: In a challenge to the use of certain restaurant property as a discotheque-nightclub brought by residents, it was held that a mercantile license issued by the city could not be relied upon as authorization for use of the property not permitted by the zoning ordinance and, therefore, the residents were entitled to enforcement of the zoning ordinance.
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| State v. Lee, A-34 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 19, 2007, Decided
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Overview: Defendant was entitled to discovery to support his racial profiling claims and the attenuation doctrine should be considered only after it was determined that defendant was a victim of racial profiling. As a result, denial of defendant's petition for post-conviction relief was reversed on appeal and the case was remanded for discovery.
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| State v. Martinez, DOCKET NO. A-3152-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2007, Decided
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Overview: Principles established in Apprendi, Blakely, and Booker did not require that a jury determine the amount of restitution to be paid by defendant convicted of health claims and Medicaid fraud, in violation of N.J.S.A. §§ 2C:21-4.2 and -4.3 and N.J.S.A. § 30:40-17(a).
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| Todaro v. County of Union, DOCKET NO. A-2077-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2007, Decided
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Overview: Where county employee was not promoted to superintendent of weights and measures due to political discrimination in violation of § 1983, court erred in denying her request for instatement without considering all relevant factors and without sufficient fact-finding to support its conclusion that the incumbent superintendent was an "innocent party."
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| Azzara v. Township of Waterford, DOCKET NO. A-4023-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 20, 2007, Decided
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Overview: A police officer hired after completing the required police training course under the alternate route authorized by the Police Training Act, N.J.S.A. §§ 52:17B-66 to -77.6, was subjected to a one-year probationary period prescribed by a municipal ordinance, during which the officer could be terminated without cause.
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| New Jersey Tpk. Auth. v. Local 196, I.F.P.T.E., A-41 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 23, 2007, Decided
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Overview: The public policy exception to the review of labor arbitration awards and heightened judicial scrutiny were triggered only when the arbitrator's award, not the grievant's underlying conduct, violated a clear mandate of public policy embodied in statute, regulation, or legal precedent and, thus, an award reinstating an employee was ordered enforced.
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| Paff v. New Jersey Dep't of Labor, DOCKET NO. A-2413-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 24, 2007, Decided
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Overview: Although court found that N.J. Government Records Council produced all non-confidential documents a claimant requested under New Jersey's Open Public Records Act, in future it had to supply requesting party a sworn statement from agency holding documents as to nature of search, document destruction policy, and list of documents deemed confidential.
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| State v. Drury, A-110 September Term 2005,
SUPREME COURT OF NEW JERSEY, April 24, 2007, Decided
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Overview: Defendant's conviction of first-degree aggravated sexual assault (N.J.S.A. § 2C:14-2(a)), with first-degree carjacking (N.J.S.A. § 2C:15-2) as predicate offense, was reduced to second-degree sexual assault, because legislature did not intend sexual assault committed in course of carjacking to be elevated to first-degree aggravated sexual assault.
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