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   State Courts - New Jersey - July 27 - July 31, 2006

  
DeCamp v. New Jersey Dept. of Corrections, DOCKET NO. A-1551-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2006, Decided
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Overview: The New Jersey Department of Corrections violated an inmate's due process rights by imposing disciplinary sanctions upon him for committing the prohibited act of fighting with another prisoner without considering evidence that the inmate acted in self defense.

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Franklin Mut. Ins. Co. v. Jersey Cent. Power & Light Co., A-55 September Term 2005, SUPREME COURT OF NEW JERSEY, July 27, 2006, Decided
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Overview: In New Jersey, Weinberg's bar against insurance companies' subrogation claims against utility companies was not altered and was held to apply to all regulated utilities in service interruption cases, not just water utility companies.

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Senna v. City of Wildwood, DOCKET NOS. A-2166-05T2, A-2167-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2006, Decided
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Overview: The tax court properly dismissed a taxpayer's complaints challenging the real property tax assessments on two of his properties owned in the name of two limited liability companies (LLCs) as R. 1:21-1(c) unambiguously prohibited lay representation of LLCs and he chose not to obtain counsel to prosecute the tax appeals.

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State In Interest of T.A., DOCKET NO. A-2420-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2006, Decided
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Overview: Absent a juvenile's express waiver, a pre-disposition report had to be prepared in every juvenile delinquency matter, pursuant to N.J. Stat. Ann. § 2C:44-6, before the disposition could occur. In a case wherein such report was not waived, the adjudication of delinquency was affirmed, with the case remanded for reconsideration of the disposition.

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Chem. N.J. Holdings v. Director, Division of Taxation, DOCKET NO. 000213-2001, TAX COURT OF NEW JERSEY, July 31, 2006, Decided
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Overview: A taxpayer failed to establish that, for the tax years in issue, it was in substantial competition with the business of national banks as required by N.J. Stat. Ann. § 54:10A-4(m)(1). As a result, the taxpayer did not qualify for taxation as a financial business corporation and was required to pay a corporation business tax assessment.

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State v. Cabrera, DOCKET NO. A-6797-02T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2006, Decided
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Overview: Any violation of the Vienna Convention, art. 36, in questioning a foreign national was no basis to suppress evidence, develop independent state law rules, or depart from New Jersey law. Defendant could contest his confession's voluntariness under Article 36, but his claim would be unsuccessful as his consulate was notified and Miranda was observed.

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State v. Delgado, A-53 September Term 2005, SUPREME COURT OF NEW JERSEY, July 31, 2006, Decided
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Overview: Defendant was not denied a fair trial as he knew of and explored missed and positive out-of-court identifications before trial, despite deficiencies in police reports. Police, as a condition to the admissibility of out-of-court identifications, to the extent feasible, had to record their dialogue with witnesses during an identification procedure.

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Township of Middletown v. Simon, DOCKET NO. A-1938-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2006, Decided
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Overview: Original owners' recording of subdivision map and later sale of lots with reference to that map constituted irrevocable dedication of lot for public use as a park. Since property was dedicated to public use, title owner, who acquired title by tax foreclosure suit, took land subject to public use and township's continuing right to accept dedication.

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