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| Paff v. Byrnes, DOCKET NO. A-1641-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 25, 2006, Decided
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Overview: Court erred by upholding township clerk's refusal to furnish citizen copy of ethics history report referenced in township attorney's certificate of ethical conduct, as report was integral part of certificate, and attorney waived his right to confidentiality under N.J. Ct. R. 1:20-9 when he authorized release of his disciplinary records to township.
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| State v. Penalber, DOCKET NO. A-4445-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 25, 2006, Decided
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Overview: Where 30 to 45 minutes elapsed between officer's initial entry into apartment to buy drugs and his return with other officers to arrest seller, and officers conferred at station during intervening period, warrantless entry to make arrest was not justified under the "consent-once-removed" exception to Fourth Amendment's warrant requirement.
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| In re Civil Commitment of A.H.B., DOCKET NO. A-0129-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 26, 2006, Decided
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Overview: A reviewing court refused to require a new commitment hearing for a sexual predator despite the State's failure to comply with N.J. Stat. Ann. § 30:4-27.30(b), which required testimony by a psychiatrist on the person's treatment team who had conducted a personal examination, since the adjudicated predator had refused to meet with the psychiatrist.
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| State v. Mahoney, A-10 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 30, 2006, Refiled
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Overview: With regard to defendant's convictions for theft, forgery, and misapplication of entrusted property, the trial court committed reversible error by improperly submitting to the jury the full text of N.J. Ct. R. 1:21-6 without providing instructions as to how to consider and apply the rule's directives to the facts of the criminal case.
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| 279 4th Ave. Management, L.L.C. v. Mollett, DOCKET NO. A-4686-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 31, 2006, Decided
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Overview: In a landlord-tenant case, a judgment for possession based on habitual late payment of rent was reversed where the tenant had a very limited income, health problems, and a son who was developmentally disabled and had paid the rent based on the due date in her lease, which due date was wrongfully accelerated by the new landlord without notice.
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| Aftab v. N.J. Property-Liability Ins. Guar. Ass'n, DOCKET NO. A-2460-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 31, 2006, Decided
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Overview: An insurer registered in New Jersey solely as a risk retention group was not covered by the New Jersey Property-Liability Insurance Guaranty Association (PLIGA), regardless of the status of that insurer in another jurisdiction as a reciprocal and regardless of the status of its reinsurer as a PLIGA member or its relationship with its reinsurer.
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| State v. Figueroa, A-47 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 31, 2006, Decided
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Overview: Defendant was denied his right to self-representation substantially and was granted a new trial with regard to his convictions for sexual assault and murder since the record did not clearly set forth the scope of the request, namely, whether defendant wanted self-representation or the opportunity to engage in hybrid representation.
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| Tax Authority, Inc. v. Jackson Hewitt, Inc., A-24 September Term 2005,
SUPREME COURT OF NEW JERSEY, May 31, 2006, Decided
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Overview: In a mass breach of contract suit, N.J. Ct. R. Prof. Conduct 1.8(g) was interpreted to forbid an attorney from obtaining advance consent from his clients to abide by the majority's decision about the merits of an aggregate settlement.
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