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| Caminiti v. Board of Trs., DOCKET NO. A-4698-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 11, 2007, Decided
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Overview: Denial of an officer's application for an accidental disability pension under the "traumatic event" test of N.J.S.A. § 43:16A-7 was affirmed because it was supported by substantial evidence, not arbitrary, capricious or unreasonable, and reflected a respectable application of applicable standards, but a re-evaluation of the standard was advocated.
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| Dennis v. Board of Trs., DOCKET NO. A-4957-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 11, 2007, Decided
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Overview: The denial of an accidental disability pension under the prevailing test for "traumatic event," in N.J.S.A. § 43:15A-43, was reversed because it lacked substantial support in essentially uncontradicted facts and because conclusions in applying legislative policies to the facts were reached that could not reasonably have been drawn from the record.
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| State v. Brown, DOCKET NO. A-4980-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 11, 2007, Decided
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Overview: Neither collateral estoppel nor fundamental fairness barred defendant's criminal prosecution for the same events as to which a family court denied a final restraining order and dismissed a complaint under the Prevention of Domestic Violence Act, N.J.S.A. §§ 2C:25-1 to -35 because the family court's findings did not bar an indictment or prosecution.
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| State v. Means, A-21 September Term 2006,
SUPREME COURT OF NEW JERSEY, July 11, 2007, Decided
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Overview: A trial court erred by setting aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement. R. 3:9-2, R. 3:9-3, and R. 3:21-1 proscribe the standards governing a plea, plea agreements, and withdrawals and no provision exists authorizing the State to withdraw a plea agreement.
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| In re Frank, DOCKET NO. A-5261-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 12, 2007, Decided
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Overview: The Board of Trustees of the Public Employees' Retirement System improperly ordered a retiree to repay her disability benefits because it wrongly rejected an ALJ's credibility findings, under N.J.S.A. 52:14B-10(c), and gave inadequate weight to the retiree's reliance on misinformation substantially consistent with the responsible agency's pamphlet.
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| Jamgochian v. New Jersey State Parole Bd., DOCKET NO. A-3928-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 12, 2007, Decided
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Overview: A curfew imposed upon an individual serving a term of community supervision for life under N.J.S.A. § 2C:43-6.4(b), which confined him to his residence every day from 8 p.m. to 7 p.m., for an indefinite period of time, was vacated because the regulations in N.J.A.C. 10A:71-6.11(l) governing curfews provided an inadequate procedural framework.
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| Lourdes Medical Ctr. v. Board of Review, DOCKET NO. A-4255-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 12, 2007, Decided
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Overview: An administrative order granting striking nurses unemployment benefits upon concluding that the labor dispute disqualification of the N.J.S.A. § 43:21-5(d) did not apply by virtue of N.J.A.C. 12:17-12.2(a)(2) was reversed on appeal since the agency had to consider the revenue implications to the employer as to whether a work stoppage occurred.
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| State v. Marolda, DOCKET NO. A-2400-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 12, 2007, Decided
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Overview: An aerial surveillance of defendant's cornfield was admissible, under the Fourth Amendment or N.J. Const. art. I, para. 7, because the open fields doctrine was applied, so the field was not constitutionally protected, and it was not intimately tied to defendant's home, so no reasonable privacy expectation within the home's curtilage was invaded.
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| State v. Williams, A-26 September Term 2006,
SUPREME COURT OF NEW JERSEY, July 12, 2007, Decided
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Overview: Defendant's resistance and flight, which amounted to obstruction, in violation of N.J.S.A. § 2C:29-1, broke the link in the chain between an initial unconstitutional investigatory stop and the later seizure of a handgun from his person, therefore, suppression of the evidence of the handgun was not warranted by the exclusionary rule.
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| Whittlesey v. Whittlesey, DOCKET NO. A-5572-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 12, 2007, Decided
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Overview: A post-judgment divorce order requiring both parties to divide equally the costs of bringing the marital residence into code compliance and that awarded the ex-wife counsel fees was reversed on appeal as factual issues existed which required the trial court to have taken testimony from the parties as opposed to relying on the papers submitted.
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