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| CoreStates/New Jersey Nat. Bank ex rel. Schaefer Salt Recovery, Inc. v. Charles Schaefer Sons, Inc., DOCKET NO. A-0642-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 20, 2006, Decided
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Overview: Whether amount appellant paid for mortgage and judgment lien was "nominal consideration" within the meaning of N.J. Stat. Ann. § 54:5-89.1, such that he was barred from redeeming the liened property from tax sales, depended on whether appellant would receive "windfall"; remand was required so trial court could make appropriate findings of fact.
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| Maimone v. City of Atl. City, A-59 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 20, 2006, Decided
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Overview: A police officer was permitted to maintain a Conscientious Employee Protection Act claim for retaliatory action taken against him for objecting to the police department's termination of the enforcement of criminal prostitution laws based on his objectively reasonable belief that such policy decision was incompatible with public policy.
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| State v. Bealor, A-31 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 20, 2006, Decided
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Overview: Competent lay observations of the fact of intoxication, coupled with additional independent proofs tending to demonstrate defendant's consumption of narcotics or other drugs constituted proofs sufficient to find that defendant was intoxicated beyond a reasonable doubt to sustain a conviction under N.J. Stat. Ann. § 39:4-50.
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| State v. Moraes-Pena, DOCKET NO. A-5689-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 20, 2006, Decided
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Overview: After defendant's guilty plea to assault by auto the prosecutor's rejection of defendant's enrollment in a Pretrial Intervention did not constitute a patent and gross abuse of discretion since it was within the prosecutor's discretion, pursuant to N.J. Ct. R. 3:28, to have given great weight to the gravity of the offense.
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| North Jersey Media Group Inc. v. State, Dept. of Personnel, DOCKET NO. MER-L-1315-06,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MERCER COUNTY, July 21, 2006, Decided
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Overview: While an application for a law enforcement position submitted by a mayor's daughter was exempt from disclosure under N.J.A.C. § 4A:4-2.16, her educational background was subject to disclosure under N.J.S.A. § 47:1A-10. Therefore, the New Jersey Department of Personnel was ordered to provide a newspaper with a copy of her redacted application.
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| Thomas v. County of Camden, DOCKET NO. A-0037-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 21, 2006, Decided
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Overview: In the context of a sexual harassment action against a county, a radio dispatcher for the police department was not an employee of the county's communications center where she was enrolled to obtain requisite 9-1-1 certification, but the center qualified as a place of public accommodation under N.J. Stat. Ann. § 10:5-5(l).
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| State v. Crawley, A-52 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 24, 2006, Decided
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Overview: With regard to defendant's conviction for obstruction under N.J. Stat. Ann. § 2C:29-1, it was not necessary to resolve on appeal whether the investigatory stop of defendant was constitutionally reasonable since the officers who ordered the stop were acting in good faith on a dispatch call and lawfully performing an official function.
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| State v. G.C., A-51 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 24, 2006, Decided
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Overview: A trial court did not abuse its discretion determining that a child witness in a sex abuse case was competent to testify where the child was deemed capable of understanding the duty to tell the truth, as required by N.J. R. Evid. 601, and no particular form of oath under N.J. R. Evid. 603 was required.
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