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| Charley O's, Inc. v. Director, Div. of Taxation, DOCKET NO. 002836-2002,
TAX COURT OF NEW JERSEY, July 12, 2006, Decided
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Overview: Assessment of $ 77,606 against a taxpayer was based on aberrant methodology. While the auditor had authority under N.J. Stat. Ann. § 54:32B-19 to use markup method, he instead increased taxpayer's purchases by arbitrary amount so as to produce estimated gross receipts for sales tax purposes conforming with those on corporation business tax returns.
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| State v. Molina, A-25, A-26, A-27, A-28 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 12, 2006, Decided
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Overview: A defendant advised of his right to appeal under N.J. Ct. R. 3:21-4(h) was not entitled to within time relief if the appeal was untimely with the limited exception that if such a defendant demonstrated by his own certification and by a preponderance of the credible evidence that he requested the filing timely, but counsel failed to prosecute it.
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| State v. Webster, A-72 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 12, 2006, Decided
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Overview: Pursuant to N.J. Ct. R. 3:22-6(d), post-conviction relief counsel was required to advance the arguments that can be made in support of the petition and include defendant's remaining claims, either by listing them or incorporating them by reference, so that the judge may consider them, fashioning the most effective arguments possible.
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| Conway v. 287 Corporate Ctr. Associates, A-29 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 13, 2006, Decided
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Overview: Parol evidence was properly admitted to aid the interpretation of a retainer agreement between an attorney and his clients, and as the clients produced extensive evidence to demonstrate that roadway access to their property was required before the attorney could earn a bonus, he had not earned the bonus because such access was not obtained.
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| In re Estate of Fenton, DOCKET NO. A-4917-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 13, 2006, Decided
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Overview: As the adult adoption of plaintiffs by a settlor's niece was valid under N.J. Stat. Ann. § 2A:22-1 and -2, and under Maryland law, which governed the trust, parties could not scrutinize the motives for an adoption in determining the disposition of trust estates; plaintiffs were proper trust beneficiaries after the niece's death.
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| State v. Chapland, A-62 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 13, 2006, Decided
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Overview: Trial court properly instructed jury that defendant's movement as if to grab an item concealed behind his body to use against victim, coupled with his threat and demand that she release her purse, was sufficient to convict him of first-degree robbery (N.J. Stat. Ann. § 2C:15-1(a)), as his acts and words created the impression that he had a weapon.
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| Delmarva Power & Light Co. v. Director, Div. of Taxation, DOCKET NOS. 000343-1999 & 001433-2000,
TAX COURT OF NEW JERSEY, July 14, 2006, Decided
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Overview: A taxpayer was not liable for a Franchise and Gross Receipts Tax (F&GRT) for tax years 1994 through 1997 as it had no retail sales in New Jersey but was liable for the Corporate Business Tax (CBT) despite being a public utility since exemption from the CBT under N.J. Stat. Ann. § 54:10A-3(f) was qualified upon actually paying the F&GRT.
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| Maglies v. Estate of Guy, DOCKET NO. A-5721-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 14, 2006, Decided
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Overview: The surviving family of a deceased Section 8 housing tenant was not entitled to succession rights to the decedent's tenancy under either federal law or the New Jersey Anti-Eviction Act, N.J. Stat. Ann. §§ 2A:18-61.1 to -61.12.
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