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   State Courts - New Jersey - May 2 - May 4, 2006

  
In re Brekus, D-116 September Term 2005, SUPREME COURT OF NEW JERSEY, May 2, 2006, Filed
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In re Darrow, D-129 September Term 2005, SUPREME COURT OF NEW JERSEY, May 2, 2006, Filed
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Shim v. Rutgers-State University of New Jersey, DOCKET NO. A-1787-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 2, 2006, Decided
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Overview: The decision of state university denying a student in-state tuition treatment was arbitrary, capricious, and unreasonable since it failed to review the student's documentary evidence to determine whether she successfully rebutted the presumption under N.J. Admin. Code § 9A:5-1.1(f) created by her financial dependence on her out-of-state parents.

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In re McClear, D106 September 2005, SUPREME COURT OF NEW JERSEY, May 3, 2006, Decided , May 3, 2006, Filed
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In re Simmons, D-61 September Term 2005, SUPREME COURT OF NEW JERSEY, May 3, 2006, Decided , May 3, 2006, Filed
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Liberty Mut. Ins. Co. v. Thomson, DOCKET NO. A-3273-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 3, 2006, Decided
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Overview: As lessor self insured its rental car, under N.J. Stat. Ann. § 17:28-1.4, it was obliged to provide PIP coverage to lessee when he drove in New Jersey. As lessor was in same position as PIP carrier, under N.J. Stat. Ann. § 39:6A-9.1, insurer could not recover from lessor PIP benefits it paid to its insured, who was injured in collision with lessee.

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State v. O'Carroll, DOCKET NO. A-4182-02T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 4, 2006, Decided
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Overview: In defendant's trial for murder, the trial court committed plain error by failing to instruct the jury to consider the lesser-included offenses of aggravated and reckless manslaughter, as well as the justification of self-defense, since defendant's statement to the police, which the jury heard, along with other evidence, required such instructions.

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State v. Soto, DOCKET NO. A-2638-03T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 4, 2006, Decided
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Overview: Since defendant implicitly agreed to judicial factfinding to obtain a favorable plea agreement, the trial judge was authorized to impose the agreed-upon sentence of 18 months, but the 18-month parole disqualifier imposed was illegal under N.J. Stat. Ann. § 2C:43-6(b), as such ineligibility was not to exceed one-half of the incarceration term.

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State v. Soto, DOCKET NO. A-2637-03T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 4, 2006, Decided
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Overview: The non-merger and consecutive sentencing provisions of N.J. Stat. Ann. § 2C:39-4.1 did not subject defendant to multiple punishment in violation of the State Constitution's double jeopardy provisions since defendant was punished for possession of drugs and the separate and distinct act of carrying a firearm while engaging in the first offense.

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