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| In re Camden County Prosecutor, DOCKET NO. A-6631-05T5, A-0593-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 18, 2007, Decided
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Overview: As assistant prosecutors did not perform police services within the scope of the New Jersey Police and Fire Public Interest Arbitration Reform Act, because, inter alia, they were not vested with statutory police powers, associations representing them could not compel county prosecutors to arbitrate contracts under N.J.S.A. § 34:13A-16 of the Act.
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| State v. Jimenez, A-75 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 18, 2007, Decided
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Overview: As mental retardation was conclusive mitigating factor in capital case, and as mitigating factors did not have to be found unanimously, unanimous jury finding of mental retardation was not required to preclude death sentence under Eighth Amendment. If single juror found defendant proved his mental retardation, he could not received death sentence.
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| State v. Purnell, DOCKET NO. A-5641-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 18, 2007, Decided
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Overview: In kidnapping and sexual assault prosecution, as defendants failure to cooperate in his competency evaluation might have been a product of his mental incompetence, trial court erred in failing to adequately explain and reconcile this lack of cooperation with its finding, pursuant to N.J.S.A. § 2C:4-4, that defendant was competent to stand trial.
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| Conrad v. Michelle & John, Inc., DOCKET NO. A-1131-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 19, 2007, Decided
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Overview: In a dram shop suit, absent a bona fide and timely in limine application by defendant seeking to bar plaintiff's expert testimony, the trial court had no basis to order plaintiff's expert to respond to an N.J.R.E. 104 hearing to determine the scientific validity of their opinion and then to dismiss the suit with prejudice after not appearing.
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| Fairway Dodge, L.L.C. v. Decker Dodge, Inc., A-47 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 19, 2007, Decided
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Overview: Employees of auto dealership's competitor improperly accessed information on dealership's computer. Dealership was not entitled to judgment against competitor's owners under the New Jersey Computer Related Offenses Act, as the evidence did not show that they acted purposefully or knowingly in any conduct that violated N.J.S.A. § 2A:38A-3 of Act.
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| In re Capazzi, D-98 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 19, 2007, Filed
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