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| Haggerty v. Red Bank Borough Zoning Bd. of Adjustment, DOCKET NO. A-4251-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 22, 2006, Decided
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Overview: Where the father of a vice-chairperson of a zoning board of adjustment was "of counsel" to a law firm that had previously represented a variance applicant in matter before the board, causing board's chairperson, who was a partner in that same law firm, to recuse himself, vice-chairperson was also disqualified under N.J. Stat. Ann. § 40A:9-22.5(d).
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| Puckrein v. ATI Transport, Inc., A-117 September Term 2004,
SUPREME COURT OF NEW JERSEY, May 22, 2006, Decided
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Overview: In a wrongful death and personal injury suit, summary judgment in favor of a large waste and recycling corporation was reversed on appeal since a duty existed upon the corporation to use reasonable care in the hiring of an independent trucker, including a duty to make an inquiry into the trucker's ability to travel legally on the highways.
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| State v. Fanelle, DOCKET NO. A-3885-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 22, 2006, Decided
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Overview: Though police did not need prior judicial approval in order to use a "flash-bang" device while executing warrant to search for drugs, order denying defendant's suppression motion was reversed and case was remanded so trial court could create a record as to particulars of device, the manner in which it was used, and the justification for its use.
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| Franklin v. Sloskey, DOCKET NO. A-2777-04T1, A-2685-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 23, 2006, Decided
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Overview: Court violated plaintiff's due process rights by entering final restraining order (FRO) against him, as he appeared pro se at hearing held under N.J. Stat. Ann. § 2C:25-29 to prosecute domestic violence complaint against former girlfriend, no such complaint had been filed against him, and he was not advised of serious consequences of entry of FRO.
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| State ex rel. J.A., DOCKET NO. A-5085-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 23, 2006, Decided
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Overview: In a juvenile delinquency case, a non-testifying eyewitness's description of assailant, made to police by phone as he was witnessing the attack and pursuing the fleeing suspect, qualified as present sense impression, N.J. R. Evid. 803(c)(1), and an excited utterance, N.J. R. Evid. 803(c)(2), and its admission did not violate Crawford v. Washington.
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| In re Nash, D-114 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 24, 2006, Filed
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| In re Roberson, D-112 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 24, 2006, Filed
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| State v. McKeon, DOCKET NO. A-5658-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 24, 2006, Decided
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Overview: Defendant was not excluded, pursuant to N.J. Stat. Ann. § 2C:43-12(g), from entry into pre-trial intervention solely because he previously received benefit of a supervisory treatment program in another state, as § 2C:43-12(g) referred to diversionary programs in New Jersey, not to diversionary programs under the laws of other states.
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