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| In re Weiner, D-77 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 11, 2006, Filed
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| In re Wyskowski, D-103 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 11, 2006, Filed
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| State v. Herrera, DOCKET NO. A-2322-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 11, 2006, Decided
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Overview: As the trial court erred by declining to look at civilian clothing defendant was offered and rejected, the case was remanded so the trial court could determine if the clothing defendant was offered would have appeared disrespectful to a reasonably objective juror. If so, he was entitled to new trial; if not, his conviction and sentence would stand.
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| City of Atlantic City v. Ace Gaming, LLC, DOCKET NOS. 000157-1997, 000158-1997, 000159-1997, 000160-1997, 000161-1997, 000162-1997, 000163-1997, 002609-1998, 002612-1998, 002604-1998, 002591-1998, DOCKET NOS. 000176-1997, 003538-1997, 003540-1997, 003541-1997, 003543-1997, 001192-1999, 003030-1999,
TAX COURT OF NEW JERSEY, May 12, 2006, Decided
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Overview: Casino hotels in Atlantic City, New Jersey, were held limited-market properties, not special purpose properties, and subject to an income approach assessment method for valuation. In a casino's tax assessment appeal, the New Jersey Tax Court reduced the casino's assessment upon using the income approach and finding several years of bad management.
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| RCN of N.J., Inc. v. Director, Div. of Taxation, DOCKET NOS. 005951-2003, 007728-2004 and 004588-2005,
TAX COURT OF NEW JERSEY, May 12, 2006, Decided n11 This opinion refines and amplifies the bench opinion.
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Overview: Cable wiring was exempt from sales and use taxation under N.J. Stat. Ann. § 54:32B-8.13(e) because it was integral and essential to, and used directly and primarily in, the transmission of television information by cable providers and was, therefore, the type of machinery, apparatus, or equipment to which the exemption applied.
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| Ruiz v. Mero, DOCKET NO. A-5082-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 15, 2006, Decided
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Overview: Where a police officer alleged defendants were liable for injuries he sustained in a fight at their premises because they failed to provide adequate security, the trial court erred in granting defendants summary judgment based on the common law fireman's rule because that rule was abrogated in its entirety by N.J. Stat. Ann. § 2A:62A-21.
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| State v. Townsend, A-112/113 September Term 2004,
SUPREME COURT OF NEW JERSEY, May 15, 2006, Decided
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Overview: Although murder victim had not been diagnosed as suffering from battered woman's syndrome, expert testimony about battered women and battered woman's syndrome was sufficiently reliable to be admitted at a murder trial, 20 years after the crime was committed, to convince jury that victim's dying declaration exonerating defendant was not credible.
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| Palmer v. Kovacs, DOCKET NO. A-0956-04T5, A-1257-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 16, 2006, Decided
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Overview: In a negligence suit arising from a motor vehicle collision, a subsequent offer of judgment tendered by plaintiff, pursuant to N.J. Ct. R. 4:58 after the time for acceptance of a prior offer of judgment had expired, did not negate the potential fee-shifting consequences of the prior offer.
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| State ex rel. D.A., DOCKET NO. A-5450-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 16, 2006, Decided
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Overview: The imposition of a special probation condition requiring a juvenile adjudicated delinquent to disclose his status as a Megan's Law offender to the parents of any girl he dates was held within the broad authority of a judge under N.J. Stat. Ann. § 2A:4A-43b(18) and did not usurp the tier classification system under N.J. Stat. Ann. §§ 2C:7-2 to -5.
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