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| Quest Diagnostics, Inc. v. Director, Div. Of Taxation, DOCKET NO. A-0901-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 2, 2006, Decided
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Overview: A taxpayer was not allowed a refund of sales and use taxes paid on its "vacutainers," used to collect specimens, because, under N.J. Stat. Ann. § 54:32B-8.15, while they were a "container" in which the samples were transported to a laboratory, they were "returnable," although not reusable, and they were an essential part of the taxpayer's business.
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| Silver v. Silver, DOCKET NO. A-2907-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 2, 2006, Decided
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Overview: Trial court improperly dismissed husband's domestic violence complaint filed pursuant to Prevention of Domestic Violence Act. Since trial court found that wife had committed act of assault and trespass, it was, then, required to consider whether a restraining order was necessary to protect the husband from immediate danger or to prevent more abuse.
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| State v. Martinez, DOCKET NO. A-6115-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 2, 2006, Decided
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Overview: Filthy conditions in defendant's residence were an insufficient basis for a conviction for child neglect. Anti-merger provision of N.J. Stat. Ann. § 2C:35-5(a), requiring separate, consecutive sentences for possession with intent to distribute and possession of weapon while engaged in drug activity, was constitutional under New Jersey Constitution.
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| State v. Pierce, A-18 September Term 2005,
SUPREME COURT OF NEW JERSEY, August 2, 2006, Decided
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Overview: Under N.J. Stat. Ann. § 2C:44-3(a), a sentencing court did not impermissibly find facts by assessing a prior conviction record and finding defendant statutorily eligible for an extended term as a persistent offender. However, it was necessary to modify prior directions to sentencing courts as to the discretionary extended-term sentencing process.
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| State v. Thomas, A-43 September Term 2005,
SUPREME COURT OF NEW JERSEY, August 2, 2006, Decided
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Overview: Finding defendant's prior convictions under N.J. Stat. Ann. § 2C:43-6(f), on mandatory enhanced sentences, did not violate the Sixth Amendment, but he had to be resentenced in the extended-term range based on aggravating and mitigating factors. The court did not have to start from a previously applied statutory presumptive enhanced sentence range.
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| Hisenaj v. Kuehner, DOCKET NO. A-2390-03T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 3, 2006, Decided
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Overview: Biomechanical engineering testimony that a low-impact rear-end collision could not cause herniated discs was inadmissible, under N.J. R. Evid. 702, as studies with little data on subjects similar to the alleged injured party did not show scientific reliability, and the expert did not describe his research specifically enough to support his opinion.
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| State v. Oyenusi, DOCKET NO. A-4551-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 3, 2006, Decided
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Overview: A warrantless search of the contents of a container in the possession of an arrestee was valid, under the Fourth Amendment and N.J. Const. art. I, para. 7, even if the arrestee no longer had access to the container when the search was concluded, provided the arrest and search were substantially contemporaneous, so a suspect's bag could be searched.
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| Thurber v. City of Burlington, DOCKET NO. A-5382-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 3, 2006, Decided
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Overview: N.J. Ct. R. 1:33-4 did not allow an assignment judge to fire a deputy municipal court administrator, and, if it did, comity required deferral to the New Jersey Merit System Board, which reasonably found termination was excessive, in light of lesser sanctions imposed on municipal court judges for similar conduct, but a six-month suspension was not.
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| Verni ex rel. Burstein v. Harry M. Stevens, Inc., DOCKET NO. A-3951-04T2, A-3966-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 3, 2006, Decided
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Overview: In a dram shop action, trial judge erred in delaying his ruling on the agency status of a supplier, who supplied personnel to licensed alcoholic beverage server, and the delay allowed the admission of evidence of "culture of intoxication" at stadium that was barred in an action governed by the Licensed Alcoholic Beverage Server Fair Liability Act.
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