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   State Courts - New Jersey - May 18 - May 23, 2007

  
In re Filomeno, D-168 September Term 2005, SUPREME COURT OF NEW JERSEY, May 18, 2007, Filed
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State v. Burden, DOCKET NO. A-1773-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 18, 2007, Decided
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Overview: In a prosecution based on an attempted home invasion, evidence that defendant tried to bribe a witness two years after the crime was committed was not part of the res gestae of the underlying offense, and its admissibility had to be analyzed under N.J. R. Evid. 404(b). The evidence was properly admitted to show consciousness of guilt.

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In re Adoption of N.J.A.C. 19:3, DOCKET NO. A-4174-03T3, A-3107-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 21, 2007, Decided
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Overview: In consolidated appeals challenging an alleged failure to plan for affordable housing, the interim rules of N.J.A.C. 19:3, 19:4, 19:5 and 19:6, applicable to the New Jersey Meadowlands Commission, were held to be a reasonable interim response to the court-ordered reworking of the Council on Affordable Housing's third round rules.

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In re Fellows, D-121 September Term 2006, SUPREME COURT OF NEW JERSEY, May 21, 2007, Decided , May 21, 2007, Filed
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In re Physical Abuse Concerning A.I., DOCKET NO. A-0896-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 21, 2007, Decided
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Overview: Report of Institutional Abuse Investigation Unit (IAIU) -- which found that teacher's conduct, though not child abuse under N.J.S.A. § 9:6-8.21, was inappropriate -- had no adjudicatory impact. But IAIU was still obliged to give teacher sufficient information about its findings and to make it clear that they were not binding on school district.

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State v. Lane, DOCKET NO. A-1907-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 21, 2007, Decided
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Overview: New Jersey appellate court expansively interpreted Maryland v. Buie to allow a protective sweep in the absence of an arrest. As the trial court did not have the benefit of this analysis when ruling on defendant's motion to suppress evidence found in his back yard and a shed, the case was remanded to the trial court for further findings of fact.

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State v. Romero, A-109 September Term 2005, SUPREME COURT OF NEW JERSEY, May 21, 2007, Decided
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Overview: A trial court did not abuse its discretion in denying defendant's request for a cross-racial identification charge, tailored to ethnicity, since the model charge given focused the jurors' attention on the need to evaluate carefully the reliability of the victim's identification.

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State v. Byrd, DOCKET NO. A-1833-04T5, A-3469-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 22, 2007, Decided
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Overview: With regard to defendants' convictions for murder and other crimes, because N.J.R.E. 804(b) did not permit the State to introduce an inculpatory statement from a witness who refused to testify because of threats to his safety made by defendants, the trial court committed reversible error by permitting a detective to testify as to the statement.

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State v. O'Neal, A-94/95 September Term 2005, SUPREME COURT OF NEW JERSEY, May 22, 2007, Decided
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Overview: Officer's question to defendant, "What's in your sock?" which elicited reply, "Cocaine," violated Miranda, as reasonable person in defendant's position would not have believed he was free to leave. However, error was harmless; that defendant told police what they were about to discover was immaterial, as drugs were seized incident to lawful arrest.

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In re Cheek, D-72 September Term 2006, SUPREME COURT OF NEW JERSEY, May 23, 2007, Filed
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